States Meeting Transcript - 2nd November 2021

STATES OF JERSEY OFFICIAL REPORT

TUESDAY, 2nd NOVEMBER 2021

COMMUNICATIONS BY THE PRESIDING OFFICER ........................................ 9

1.1 Tribute to former Deputy Anne Dupre .................................................... 9 APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS .......................... 11

2. Nomination of Senator S.Y. Mézec as a member of the Health and Social Security Scrutiny Panel .............................................................................. 11

2.1 Deputy M.R. Le Hegarat of St. Helier (Chair, Health and Social Security Scrutiny Panel): .................................................................................... 11

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

3. Written Questions .......................................................................... 11

1. Senator S.C. Ferguson of the Minister for Health and Social services regarding transport for Saturday clinics at the General Hospital (WQ.390/2021) ............................ 12
2. Connétable of St. Brelade of the Minister for Home Affairs regarding the vetting process of police officers (WQ.391/2021) ........................................................ 12
3. Senator S.W. Pallet of the Minister for Health and Social Services regarding the mental health facility at Clinique Pinel (WQ.392/2021) ......................................... 13
4. Deputy M.R. Higgins of St. Helier of the Minister for the Environment regarding the power to hold civil servants to account (WQ.393/2021) ................................. 14
5. Deputy K.F. Morel of St. Lawrence of the Minister for Treasury and Resources regarding the amount of Jersey currency used by Islanders between 2018 and 2020 (WQ.394/2021) ........................................................................... 15
6. Senator S.W. Pallet of the Minister for Children and Education regarding Child and Adolescent Health Services (C.A.M.H.S.) positions (WQ.395/2021) ................... 16
7. Senator S.W Pallet of the Minister for Health and Social Services regarding Adult Mental health positions (WQ.396/2021) ................................................. 18
8. Deputy J.M. Maçon of St. Saviour of H.M. Attorney general regarding company policies

on mask- wearing (WQ.397/2021) ....................................................... 22

9. Connétable of St. Brelade of the Minister for Children and Education regarding vulnerable children and young people housed in hotel or holiday accommodation (WQ.398/2021) ........................................................................... 24
10. Connétable of St. John of the Assistant Chief Minister regarding the Our Hospital project Clinical Director (WQ.399/2021) ........................................................ 24
11. Connétable of St. John of the Minister for Treasury and Resources regarding Jersey Telecom (JT) tax and dividend receipts (WQ.400/2021) ................................ 26
12. Connétable of St. John of the Minister for Housing and Communities regarding building costs per square metre (WQ.401/2021) .................................................. 26

13. Connétable of St. Martin of the Minister for International Development regarding aid funding for Afghanistan (WQ.402/2021) ................................................ 27
14. Connétable of St. Martin of the Minister for International Development regarding the Island Identity project (WQ.403/2021) ................................................... 27
15. Connetable of St. Martin of the Chief Minister regarding the barriers to accommodating refugees (WQ.404/2021) ................................................................. 28
16. Senator S.Y. Mézec of the Minister for treasury and Resources regarding JT's Internet of Things division (WQ.405/2021) .......................................................... 29
17. Deputy I. Gardiner of St. Helier of the Minister for Infrastructure regarding the accounts for the Bellozanne sewage plant project (WQ.406/2021)................................ 30
18. Deputy I. Gardiner of St. Helier of the Minister for Infrastructure regarding the lead contractor, NMCN, for the upgraded Bellozanne waste-water facility (WQ.407/2021) . 31
19. Deputy I. Gardiner of St. Helier of the Assistant Chief Minister regarding space allocated for future growth at the new hospital (WQ.408/2021) ................................... 32
20. Deputy R.J. Ward of St. Helier of the Minister for Children and Education regarding teaching staff on performance improvement plan (WQ.409/2021) ...................... 32
21. Deputy R.J. Ward of St. Helier of the Minister for the Environment regarding the cost of achieving climate neutrality (WQ.410/2021) ............................................ 33
22. Deputy R.J. Ward of St. Helier of the Minister for Children and Education regarding pupils eligibility for Jersey Premium funding (WQ.411/2021) .......................... 33
23. Senator K.L. Moore of the Chair of the States Employment Board regarding civil servants who are members of the organisation "Common Purpose" (WQ.412/2021) ... 34
24. Senator S.Y. Mézec of the Chief Minister regarding the cost of adverts through the Jersey Evening Post (WQ.413/2021) ..................................................... 34

Month ................................................................................................ 35

Jun 35

Jul 35 Aug 35 Sept 35

Oct 35

Nov 35

Dec 35

Spend £ ............................................................................................ 35 4,691 35

9,237 35

- 35

12,021 .............................................................................................. 35 4,520 35

1,425 35

5,056 35

25. Deputy M. Tadier of St. Brelade of the Minister for Treasury and resources regarding the taxation of Social Security contributions (WQ.414/2021) ............................... 35
26. Deputy M. Tadier of St. Brelade of the Minister for Treasury and Resources regarding exempting Social Security pensions from tax (WQ.415/2021) .......................... 36
27. Connétable of St. Brelade of the Minister for Home Affairs regarding States members' personal safety (WQ.416/2021) .......................................................... 36
28. Connetable of St. Brelade of the Minister for Children and Education regarding the draft Children and Young People (Jersey) Law (WQ.417/2021) .............................. 37
29. Deputy M.R. Higgins of St. Helier of the Minister for Treasury and Resources regarding applicants to the Covid-19 support schemes (WQ.418/2021) ............................ 37
30. Deputy M.R. Higgins of St. Helier of the Minister for External Relations and Financial Services regarding the Charities (Jersey) Law 2014 (WQ.419/2021) .................... 38
31. Connétable of St. John of the Chief Minister regarding the Government's external relations in respect of the slaughter of dolphins (WQ.420/2021) ........................ 39
32. Connétable of St. John of the Minister for Children and Education regarding the waiting list time in days for the Child and Adolescent Mental health Services (C.A.M.H.S.) (WQ 421/2021) ................................................................................. 39
33. Connétable of St. John of the Minister for Children and Education regarding recruitment in the Department of Children, Young People, Education and Skills (C.Y.P.E.S.) (WQ.422/2021) ........................................................................... 40

4. Oral Questions ............................................................................. 41

1. Deputy G.P. Southern of St. Helier of the Minister for the Environment regarding the Regulation of Care (Jersey) Law 2014 (OQ.215/2021) .................................. 41

Deputy J.H. Young of St. Brelade (The Minister for the Environment): ....................... 41

1. Deputy G.P. Southern : .................................................................... 42
2. Deputy R.J. Ward : ........................................................................ 42
3. Deputy R.J. Ward : ........................................................................ 42
4. Senator S.Y. Mézec : ...................................................................... 43
5. Deputy M. Tadier :........................................................................ 43
6. Deputy M. Tadier :........................................................................ 43
7. Deputy G.P. Southern : .................................................................... 44

2. Deputy M. Tadier of the Minister for Health and Social Services regarding recruitment of Health and Care workers (OQ.222/2021) ............................... 44

Deputy R.J. Renouf of St. Ouen (The Minister for Health and Social Services):.............. 44

1. Deputy M. Tadier :........................................................................ 45
2. Deputy R.J. Ward : ........................................................................ 45
3. Deputy R.J. Ward : ........................................................................ 45
4. Senator S.C. Ferguson: ................................................................... 46
5. Senator S.C. Ferguson: ................................................................... 46
6. Senator K.L. Moore : ...................................................................... 46
7. Deputy G.P. Southern : .................................................................... 46
8. Deputy G.P. Southern : .................................................................... 47
9. Deputy M. Tadier :........................................................................ 47

3. Deputy K.F. Morel of St. Lawrence of the Minister for Treasury and Resources regarding Debt rating (OQ.227/2021) .................................................... 47

Deputy S.J. Pinel of St. Clement (The Minister for Treasury and Resources): ................ 47

1. Deputy K.F. Morel : ....................................................................... 47
2. Senator S.C. Ferguson: ................................................................... 48
3. Senator S.C. Ferguson: ................................................................... 48
4. Deputy S.M. Ahier of St. Helier : ......................................................... 48
5. Deputy S.M. Ahier : ....................................................................... 49
6. Deputy R.J. Ward : ........................................................................ 49
7. Deputy R.J. Ward : ........................................................................ 49
8. Senator K.L. Moore : ...................................................................... 49
9. Senator K.L. Moore : ...................................................................... 49
10. Deputy K.F. Morel : .................................................................... 50

4. Deputy I. Gardiner of the Assistant Chief Minister regarding Financial reports on Our Hospital (OQ.219/2021) .............................................................. 50

Senator L.J. Farnham (Assistant Chief Minister):.............................................. 50

1. Deputy I. Gardiner : ....................................................................... 51
2. Senator K.L. Moore : ...................................................................... 51
3. Deputy I. Gardiner : ....................................................................... 52

5. Senator K.L. Moore of the Minister for Home Affairs regarding the Armed Forces Steering Group (OQ.228/2021)............................................................ 52

Deputy G.C. Guida of St. Lawrence (The Minister for Home Affairs): ........................ 52 4.5.1 Senator K.L. Moore : ...................................................................... 52

6. Deputy R.J. Ward of the Minister for Children and Education regarding School funding (OQ.217/2021) .................................................................... 53

Deputy S.M. Wickenden (The Minister for Children and Education): ......................... 53

1. Deputy R.J. Ward : ........................................................................ 53
2. Senator S.Y. Mézec : ...................................................................... 53
3. Senator S.Y. Mézec : ...................................................................... 53
4. Deputy J.M. Maçon of St. Saviour : ...................................................... 54
5. Senator T.A. Vallois: ..................................................................... 54
6. Senator T.A. Vallois: ..................................................................... 54
7. Deputy R.J. Ward : ........................................................................ 55

7. Senator S.Y. Mézec of the Minister for the Environment regarding Provision of Affordable Housing (OQ.224/2021) ...................................................... 55

Deputy J.H. Young (The Minister for the Environment): ...................................... 55

1. Senator S.Y. Mézec : ...................................................................... 56
2. Connétable R.A. Buchanan of St. Ouen : ................................................. 57
3. The Connétable of St. Ouen :.............................................................. 57
4. Deputy S.G. Luce of St. Martin : .......................................................... 57
5. The Deputy of St. Martin : ................................................................ 58
6. Deputy M. Tadier :........................................................................ 58
7. Deputy M. Tadier :........................................................................ 58
8. Connétable S.A. Le Sueur -Rennard of St. Saviour : ...................................... 59
9. The Connétable of St. Saviour : ........................................................... 59
10. Deputy R.J. Ward : ..................................................................... 60
11. Senator S.Y. Mézec : ................................................................... 60

8. Connétable M.K. Jackson of St. Brelade of the Minister for the Environment regarding Sand extraction (OQ.226/2021) ............................................... 60

Deputy J.H. Young (The Minister for the Environment): ...................................... 61

1. The Connétable of St. Brelade : ........................................................... 61
2. Connétable J.E. Le Maistre of Grouville : ................................................ 61
3. The Connétable of Grouville : ............................................................ 62
4. The Deputy of St. Martin : ................................................................ 62
5. Deputy I. Gardiner : ....................................................................... 62
6. Deputy I. Gardiner : ....................................................................... 63
7. The Connétable of St. Brelade : ........................................................... 63

9. Connétable P.B. Le Sueur of Trinity of the Chair of the Privileges and Procedures Committee regarding Jersey Electoral Authority (OQ.213/2021) ...................... 63

Deputy C.S. Alves (Chair, Privileges and Procedures Committee): ............................ 63

1. The Connétable of Trinity : ............................................................... 64
2. Deputy J.M. Maçon: ...................................................................... 64
3. Deputy J.M. Maçon: ...................................................................... 64
4. Deputy S.G. Luce of St. Martin : .......................................................... 64
5. Deputy G.P. Southern : .................................................................... 65
6. Deputy G.P. Southern : .................................................................... 65
7. Deputy M.R. Higgins of St. Helier : ...................................................... 65

10. Deputy M.R. Higgins of the Chair of the States Employment Board regarding Payment of damages (OQ.214/2021) ...................................................... 65

Senator J.A.N. Le Fondré (Chair, States Employment Board): ................................ 66 4.10.1 Deputy M.R. Higgins: ................................................................. 66

11. Senator S.Y. Mézec of the Minister for Home Affairs regarding Accessibility of emergency services (OQ.225/2021) ....................................................... 66

Deputy G.C. Guida (The Minister for Home Affairs): ......................................... 66

1. Senator S.Y. Mézec : ................................................................... 66
2. Deputy R.J. Ward : ..................................................................... 67
3. Senator S.Y. Mézec : ................................................................... 67

12. Deputy M. Tadier of the Minister for the Environment regarding Air quality monitoring (OQ.223/2021) ................................................................ 67

Deputy J.H. Young (The Minister for the Environment): ...................................... 67

1. Deputy M. Tadier : ..................................................................... 68
2. Deputy M.R. Higgins: ................................................................. 68
3. Deputy M.R. Higgins: ................................................................. 68
4. Deputy R.J. Ward : ..................................................................... 69
5. Deputy R.J. Ward : ..................................................................... 69
6. Connétable A.S. Crowcroft of St. Helier : ............................................. 69
7. Deputy M. Tadier : ..................................................................... 70

13. Deputy M.R. Higgins of the Minister for the Health and Social Services regarding Data Breaches (OQ.221/2021) ............................................................ 70

The Deputy of St. Ouen (The Minister for Health and Social Services): ...................... 70 4.13.1 Deputy M.R. Higgins: ................................................................. 70

14. Deputy G.P. Southern of the Minister for Children and Education regarding Putting Children First (OQ.216/2021) ............................................................. 71

Deputy S.M. Wickenden (The Minister for Children and Education): ......................... 71

1. Deputy G.P. Southern : ................................................................ 71

2. Deputy R.J. Ward : ..................................................................... 72
3. Deputy R.J. Ward : ..................................................................... 72
4. Deputy G.P. Southern : ................................................................ 72
5. Deputy M. Tadier : ..................................................................... 72

15. Deputy R.J. Ward of the Chief Minister regarding .. .................................. 73

Senator L.J. Farnham ( Deputy Chief Minister - rapporteur):................................... 73

1. Deputy R.J. Ward : ..................................................................... 73
2. Deputy S.M. Ahier : .................................................................... 73

5. Urgent Oral Question - Fishing ........................................................... 74

5.1 The Connétable of St. Brelade of the Minister for the Environment regarding .. .... 74

Deputy J.H. Young (The Minister for the Environment): ...................................... 74

1. The Connétable of St. Brelade : ........................................................... 75
2. Deputy M. Tadier :........................................................................ 75
3. Deputy M. Tadier :........................................................................ 76
4. The Deputy of St. Martin : ................................................................ 76
5. Deputy M.R. Higgins: .................................................................... 77
6. The Connétable of St. Ouen :.............................................................. 77
7. The Connétable of St. Brelade : ........................................................... 78

6. Questions to Ministers without notice - The Minister for Housing and Communities 78

1. Connétable D.W. Mezbourian of St. Lawrence : .......................................... 78 Deputy R. Labey of St. Helier (The Minister for Housing and Communities): ................ 78

1. The Connétable of St. Lawrence : ........................................................ 78
   2. Senator S.Y. Mézec : ...................................................................... 78

6.2.1 Senator S.Y. Mézec : ...................................................................... 79

3. The Connétable of St. Helier : ............................................................ 80

6.3.1 The Connétable of St. Helier : ............................................................ 81

4. Deputy G.J. Truscott of St. Brelade : ...................................................... 81
5. Deputy G.P. Southern : .................................................................... 81
6. Senator K.L. Moore : ...................................................................... 82

6.6.1 Senator K.L. Moore : ...................................................................... 82

LUNCHEON ADJOURNMENT PROPOSED ................................................... 82 LUNCHEON ADJOURNMENT .................................................................. 82

7. Questions to Ministers without notice - The Minister for Economic Development, Tourism, Sport and Culture .............................................................. 82

1. Senator S.Y. Mézec : ...................................................................... 82 Senator L.J. Farnham (The Minister for Economic Development, Tourism, Sport and Culture): ............................................................................................ 83

1. Senator S.Y. Mézec : ...................................................................... 83
   2. The Deputy of St. Martin : ................................................................ 83
   3. Deputy S.M. Ahier : ....................................................................... 84

7.3.1 Deputy S.M. Ahier : ....................................................................... 84

4. Deputy G.P. Southern : .................................................................... 84

7.4.1 Deputy G.P. Southern : .................................................................... 84

5. Deputy J.M. Maçon: ...................................................................... 85
6. The Connétable of St. Saviour : ........................................................... 85

7.6.1 The Connétable of St. Saviour : ........................................................... 85

7. Senator K.L. Moore : ...................................................................... 85

7.7.1 Senator K.L. Moore : ...................................................................... 86

8. Deputy R.J. Ward : ........................................................................ 86

7.8.1 Deputy R.J. Ward : ........................................................................ 87

8. Questions to Ministers without notice - The Chief Minister ............................ 87

Senator J.A.N. Le Fondré (The Chief Minister): ............................................... 87

1. Deputy M. Tadier :........................................................................ 87

1. Deputy M. Tadier :........................................................................ 88
   2. Deputy S.M. Ahier : ....................................................................... 88

8.2.1 Deputy S.M. Ahier : ....................................................................... 88

3. Senator S.Y. Mézec : ...................................................................... 88

8.3.1 Senator S.Y. Mézec : ...................................................................... 89

4. The Connétable of Grouville : ............................................................ 89

8.4.1 The Connétable of Grouville : ............................................................ 89

5. The Connétable of Trinity : ............................................................... 90
6. Deputy R.J. Ward : ........................................................................ 90
7. Senator S.Y. Mézec : ...................................................................... 90

8.7.1 Senator S.Y. Mézec : ...................................................................... 91

8. Deputy I. Gardiner : ....................................................................... 91

PUBLIC BUSINESS ................................................................................ 91

9. Social Security (Amendment of Law - Minimum Earnings Threshold) (Jersey) Regulations 202- (P.79/2021) - deferral of proposition .................................. 91

9.1 Deputy J.A. Martin of St. Helier (The Minister for Social Security): .................... 92

1. Deputy K.F. Morel : ....................................................................... 92
2. Deputy R.J. Ward : ........................................................................ 92
3. Deputy K.G. Pamplin of St. Saviour : .................................................... 93
4. Deputy M.R. Le Hegarat : ................................................................ 94
5. The Connétable of St. Ouen :.............................................................. 94
6. Deputy J.H. Young: ...................................................................... 94
7. Deputy G.P. Southern : .................................................................... 94
8. Senator S.Y. Mézec : ...................................................................... 94
9. Deputy J.A. Martin: ...................................................................... 95

10. Competent Authorities Ministers: Release of minutes of meetings to Scrutiny (P.86/2021) - amendment (P.86/2021 Amd.) - reduction of lodging period ............ 96

10.1 Senator J.A.N. Le Fondré (The Chief Minister): ......................................... 96

1. Deputy R.J. Ward : ..................................................................... 96
2. Senator K.L. Moore :................................................................... 97
3. Senator S.Y. Mézec : ................................................................... 97
4. Deputy G.P. Southern : ................................................................ 98
5. Deputy J.A. Martin: .................................................................... 98
6. Deputy I. Gardiner : .................................................................... 98
7. The Connétable of St. Helier : .......................................................... 99
8. Deputy M. Tadier : ..................................................................... 99
9. Senator J.A.N. Le Fondré: ............................................................. 99

11. Competent Authorities Ministers: Release of minutes of meetings to Scrutiny (P.86/2021) ................................................................................ 101

1. Senator K.L. Moore (Chair, Corporate Services Scrutiny Panel): ...................... 101

2. Competent Authorities Ministers: Release of minutes of meetings to Scrutiny (P.86/2021) – amendment (P.86/2021 Amd.) ............................................ 102

1. Senator J.A.N. Le Fondré (The Chief Minister): .................................... 102
2. Senator K.L. Moore :.................................................................. 104
3. Deputy J.H. Young: .................................................................. 105
4. Deputy K.F. Morel : .................................................................. 106
5. Deputy D. Johnson of St. Mary :...................................................... 109
6. Deputy M. Tadier : .................................................................... 109
7. Deputy M.R. Higgins: ................................................................ 110
8. Senator S.Y. Mézec : .................................................................. 111 Deputy R. Labey : .............................................................................. 111 Mr. M.H. Temple Q.C., H.M. Attorney General: ............................................. 111 Deputy M. Tadier : ............................................................................. 112 Deputy M.R. Higgins: ......................................................................... 113 Senator T.A. Vallois: .......................................................................... 114 The Deputy of St. Mary : ...................................................................... 114

Deputy R.J. Ward : ............................................................................. 115 Deputy I. Gardiner :............................................................................ 116 Senator K.L. Moore :........................................................................... 116 Deputy R. Labey : .............................................................................. 117 Senator J.A.N. Le Fondré: ..................................................................... 118

9. Deputy R. Labey : .................................................................... 118
10. Deputy S.M. Wickenden: .......................................................... 119
11. Senator T.A. Vallois: .............................................................. 119

ADJOURNMENT ................................................................................. 121

[9:30]

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

The Deputy Bailiff :

1.1  Tribute to former Deputy Anne Dupre

Members will be aware that former Deputy Anne Dupre passed away last week. Deputy Dupre was born Anne Cairoli on 24th October 1947 in Jersey. She attended Convent FCJ, when it was based in David Place in St. Helier, and she began her career as a civil servant at the Housing Department where she worked from the age of 16 to 22. During this time she met and married her husband, Clary, whose father - also Clary - was himself of course a very well-known politician as Deputy and Senator, and perhaps best known as president of the Tourism Committee during the heydays of the Island as a holiday destination in the 1960s and 1970s. The couple had 2 daughters but sadly Mrs. Dupre was widowed when her husband, Clary, died aged 46. She was actively involved in the Battle of Flowers for over 40 years, first with the Beeches Old Boys with her late husband, and then with the Parish of St. Clement . She worked in the Jersey Citizens Advice Bureau in its early days at the Town Hall and was assistant manager there for a number of years before working for nearly 18 years as a medical secretary. Mrs. Dupre was an active volunteer and served on the council of Jersey Hospice for some 16 years. She was also an active member of the FCJ Past Pupils Association. She successfully stood for election and served one term as Deputy of St. Clement from December 2008 until October 2011. She was appointed as Assistant Minister for Education, Sport and Culture and had special responsibility for cultural matters during her time in office. She is survived by her 2 daughters and 3 granddaughter and our thoughts go out to her family at this very difficult time. I invite Members to stand for one minute silence. [Silence] May she rest in peace.

Deputy M. Tadier of St. Brelade :

It relates to Written Questions that I have submitted to the Treasury, which I have asked for an analysis of a financial impact of certain changes to social security contributions, and that has not been answered. They have not given me the figures that I require.

The Deputy Bailiff :

It might have been better if we waited until we came to the Written Questions, but you have raised it now. Two of your questions; can you identify which number they are on the list of questions?

Deputy R.J. Ward of St. Helier : I would like to raise a similar point. The Deputy Bailiff :

Perhaps one at a time please. Deputy Tadier , can you indicate which ones you are concerned with? There are 54, I do not want to trawl through them all looking for your questions.

[9:45]

Deputy M. Tadier :

That is okay. I did have them up in front of me. One of them is .. I have the code for it, it is Written Question 414.

The Deputy Bailiff : That is number 25, yes. Deputy M. Tadier :

I do not have the other one offhand but I have only submitted 2, and it is probably sequential. The Deputy Bailiff :

It is 26; the next one.

Deputy M. Tadier ;

It is just that I have asked for an analysis of the impact. I have not been given any of that, which is unfortunate. It means I need to either submit another question or that they need to come back with a fuller answer.

The Deputy Bailiff :

In compliance with Standing Orders, I will consider the matter and revert to you within the delay permitted by Standing Orders.

Deputy M. Tadier : Thank you.

Deputy R.J. Ward :

I would like to raise Standing Order 12(4); so Written Question 426/2021, the answer given I believe is not the full answer because there has been information given ..

The Deputy Bailiff :

Do you want to identify which question that is on the list? Deputy R.J. Ward :

Written Question 426/2021.

The Deputy Bailiff :

That is your question 37 on the list, yes.

Deputy R.J. Ward :

Sorry, I do not have that reference. I just have the question that was sent to me. It simply has not been answered. Previously in this Assembly we have had figures given for the costs that I have asked for and on this occasion they are saying they now cannot find the costs. In addition to that, question 427 and question 428 simply have not been answered at all, saying that no reply was received. I note 2 other Members questions - 430 and 440 - have also not been answered in a similar way. I would like to raise a serious concern about whether this Assembly and its written question system is just being ignored entirely.

The Deputy Bailiff :

You would like me to make a ruling on those 3 specific questions that you have mentioned? Deputy R.J. Ward :

The other 2 have simply not been answered. I do not know what the ruling would be.

The Deputy Bailiff :

Not at all?

Deputy R.J. Ward :

She is saying there is no answer coming. There is another one that says an answer will be coming forward on Monday but it has missed any deadline. I am not entirely sure what the ruling is, but that is entirely up to you, but certainly with 426 I do not believe that that is a full answer to the question. I have marked that you are concerned with 426, 427 and 428 and if there is any further detail you wish to add to your concerns then please email me, so it is in front of me when I consider the questions.

Senator S.Y. Mézec :

It is to add to that Written Question 430, which is one of mine, has simply had no answer as well. There are, by my count, 4 questions for which no answer at all has been submitted by the time stipulated by the rules of this Assembly. I should add, that last week there were 2 questions where that did not happen either. This is really taking the mickey out of this Assembly by the Executive and they should have some sort of ruling put in place for them to answer questions, as they are required to, because it is not respectful of the Members of this Assembly. We are trying to get information so that we can do our jobs.

The Deputy Bailiff :

There is simply no answer at all to that question that you have asked, is that right? I am looking through the answers now. Yes, I see a response has not been received. Thank you for that, I will consider that and make a ruling and indicate any other concerns that I may have.

Deputy I. Gardiner of St. Helier :

I would like to add Written Question 440, which was my written question, and there was no answer received at all as well.

Senator K.L. Moore :

I am in the same position. I have lodged a written question and not received a response. The Deputy Bailiff :

Which one was that?

Senator K.L. Moore :

It is not noted; there is no response.

The Deputy Bailiff :

Standing Orders are there to be complied with and it is the will of the Assembly that these matters should be complied with. [Approbation]  

APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS

2. Nomination of Senator S.Y. Mézec as a member of the Health and Social Security Scrutiny Panel

2.1   Deputy M.R. Le Hegarat of St. Helier (Chair, Health and Social Security Scrutiny Panel):

As the chair of the panel, I would like to nominate Senator Mézec to become a member of the panel. We have still significant work to do and we look forward to being able to work with Senator Mézec and an extra member of the team.

The Deputy Bailiff :

Is the nomination seconded? [Seconded] Are there any other nominations? Accordingly, I declare Senator Mézec has been appointed as a member of the Health and Social Security Scrutiny Panel.

QUESTIONS

3. Written Questions

I will make the rulings requested within the period permitted by Standing Orders.

1. Senator S.C. Ferguson of the Minister for Health and Social services regarding transport for Saturday clinics at the General Hospital (WQ.390/2021)

Question

Will the Minister state what provision, if any, is made for patient transport for clinics that operate at the General Hospital on Saturdays (in particular the renal clinic) and, if there is no provision, will he explain why not?

Answer

Only essential clinics run on a Saturday and the patient transport arrangements are proportionate to the services offered. There are very few patients that require transport on a Saturday and it would be uneconomic to run a patient travel service akin to that run on weekdays. Patients are encouraged to make their own travel arrangements, but when this is not possible a taxi is arranged. Renal clinic patients that attend dialysis on a Saturday are part of clinic scheduling, which allows the nursing team to anticipate any challenges such as transportation and ability to attend appointments. When patients are not able to travel independently or relatives are not able to support, the nursing team/admin team will book a taxi for travel to and from the hospital without charge to the patient.

2. Connétable of St. Brelade of the Minister for Home Affairs regarding the vetting process of police officers (WQ.391/2021)

Question

Will the Minister explain to members what steps, if any, he has taken to ensure that the current vetting process for the recruitment of police officers to the Island (for officers or either U.K. or non-U.K. origin) is robust and one in which Islanders can have confidence?

Answer

The appalling murder of Sarah Everard in March 2021 by a serving Metropolitan Police Officer has focused attention on the vetting of Police Officers in Forces across the UK. The States of Jersey Police is monitoring very closely the developments in the UK associated with vetting and will adopt any emerging good practice.

The Chief of Police commissioned a peer review inspection of Counter Corruption measures within the States of Jersey Police in 2020. This was delayed due to Covid, but in August this year, two UK experts spent a week with the States of Jersey Police reviewing the organisation's Counter Corruption measures, including vetting.

The final report, including recommendations, was delivered last month and work is now under way to address these points. The experts are due to return to SOJP in April 2022 to review progress.

All Officers within the States of Jersey Police are thoroughly vetted before joining, including those transferring in from other Forces, as are all Police Staff and volunteers. Vetting is repeated every 10 years, and Officers are required to disclose any change in their circumstances in the intervening period.

The SOJP Vetting Unit complies with the College of Policing policy & procedure on Vetting of Officers & Staff, including UK Transferees, which incorporates counter corruption checks.

3. Senator S.W. Pallet of the Minister for Health and Social Services regarding the mental health facility at Clinique Pinel (WQ.392/2021)

Question

Will the Minister provide members with the following information regarding the construction of the new mental health facility at Clinique Pinel –

1. the date upon which the contract was signed with the building contractor to deliver the new facility;

Answer

• A letter of Intent was issued on 24.08.20
• Works commenced on 21.09.20
• The formal contract (JCT 2011) was signed on 29.09.20

2. the agreed completion date for the project, as detailed in the contract; Answer

• The original contract completion date was 31.01.22
• A 5-week time extension has been granted owing to exceptionally inclement weather, revising the contract completion date to 07.03.22 (revised contract period 76 weeks)

3. whether the construction of the facility is on schedule for completion by the agreed date, and if not, why not;

Answer

• The works are currently at week 56 of 76 (@ 30.09.21)
• The contractor has recently tabled a revised completion programme which shows a revised completion date of 09.09.22.
• As noted at item (f) below, additional works have been required to remedy a number of legacy issues' relating to the existing building/structure and additional/essential upgrade works' to address safeguarding issues that were identified once the building was vacated
• The contractor has cited the current spike' in construction work and construction costs as a principal reason for not being able to secure sufficient labour
• Revisions have been made to the original phasing schedule in an attempt to help the contractor by providing more work opportunities. However, the contractor is now reporting that with the difficulties it is experiencing in securing labour, it is unable to benefit from these changes
• JPH have met the contractor's management team over the last three weeks to review why we have not seen the progress we would expect at this point in the contract, and to review options on how we can assist and progress matters

4. the current anticipated completion date, if other than that agreed upon in the contract; Answer

• As noted in Question (c), the contractor is reporting a revised completion date of 09.09.22

5. whether the contract includes penalties for late completion, and if not, why not; Answer

• Penalties (or Liquid and Ascertained Damages [L&ADs] as they are referred to in the contract) are included within the main contract
• The contract is phased and is being undertaken in sections. This was primarily because both buildings have remained occupied throughout the works. The L&ADs are therefore applicable per phase
• L&ADs will be applied if the contractor cannot demonstrate why the agreed contract completions dates have not been achieved

6. whether any changes have been made to the contract, and if so, the details of all such changes and who authorised them;

Answer

• There have been a number of changes to the contract since works commenced. These relate to:

1. Additional client-related works' associated with the existing building finishes (safeguarding improvements)
2. Additional legacy-related works' pertaining to the existing building/structure (i.e. compliance)

7. whether any part of the new facility, such as the place of safety' suite, will be ready to receive patients prior to the completion of the whole facility, and if so, by when; and

Answer

• The latest programme (issued on the 04.10.21) shows that most of the ground floor of Clinique Pinel will be handed over by the 07.03.22. This will provide 20 of the 26 anti- ligature en-suite bedrooms (which includes the place of safety')

8. the current recruitment processes in place to ensure the necessary staff are available in time for the facility to open?

Answer

• The intention is to transfer existing staff into the facility, so no specific recruitment processes are required

4. Deputy M.R. Higgins of St. Helier of the Minister for the Environment regarding the power to hold civil servants to account (WQ.393/2021)

Question

Will the Minister explain what powers he holds in the event that an officer in his department is found to have failed to carry out their duties and functions under law (whether wilfully, recklessly, negligently or incompetently), and, in particular, will he advise –

1. what actions he can take in such cases, and what sanctions are available to him;
2. the number of times he has used these powers in this regard since he became Minister; and
3. what ability he has within these powers to rectify any identified failure on the part of an officer and to put any persons (both natural and legal) affected by such failure back to the position they were in beforehand?

Answer

A dereliction of duty, whether intentional or otherwise, can be addressed through internal policy – formal disciplinary, investigations, etc - or legal mechanisms where appropriate. It should be noted that depending on what duty has not been fulfilled, remedies, and the individual(s) required to ensure that said remedies are met, will differ. By way of examples:

1. The Public Finances (Jersey) Law 2019 contains specific article(s) in relation to Offences and related provisions'.
2. The Code of Conduct for Government employees encourages employees to raise concerns with line managers and it may be for Director General and their officers to address issues in the first instance.
3. The States Employment Board are responsible for Government employees and have their own powers to review and investigate any supposed failures by officers and consider redress as appropriate/within their power.

Since becoming Minister, I have not had to use any powers available to me directly to address failures, if any, by officers when carrying out their duties.

In the scenario that a failure has been identified and that redress in some form is required for a natural or legal person, any powers to resolve this, whether with the Minister or otherwise, will depend on the specific issue at hand, the relevant legislation and the powers afforded therein.

5. Deputy K.F. Morel of St. Lawrence of the Minister for Treasury and Resources regarding the amount of Jersey currency used by Islanders between 2018 and 2020 (WQ.394/2021)

Question

Will the Minister inform the Assembly of the total amount of Jersey currency used by Islanders in 2018, 2019 and 2020; and provide the Assembly with details of the amount of interest gained by the Treasury in each year as a result of this use?

Answer

1. Currency in circulation

The full value of Jersey Currency in circulation (both notes and coins) as at the end of each recent Financial year is detailed in the table below.

Year-end values have been supplied reflecting the audited positions quoted in the annual accounts.

Currency in circulation

2. Net Return

The value of currency in circulation is recorded as a liability and offset by assets held in the Currency Notes and Coinage Fund. The Currency Notes and Coinage Funds hold assets in excess of the liability value of Currency in circulation to allow for volatility in the value of the low-risk portfolio.

The purpose of the Funds is to back the value of Jersey currency in circulation; this value fluctuates during the year in line with the cyclical demands for Jersey currency by the general public, peaking in December during the Christmas period.

Money received from the issuance of currency is invested in line with the Currency Fund's published investment strategy. The strategy is designed primarily to protect the value of the assets backing Jersey Currency in issue but also to generate a modest return.

As the portfolio is primarily invested via the Common Investment Fund profits are reflected as unrealised gains on units rather than interest, but the full net investment return is summarised in the following table:

6. Senator S.W. Pallet of the Minister for Children and Education regarding Child and Adolescent Health Services (C.A.M.H.S.) positions (WQ.395/2021)

Question

There were 25.6 full time equivalent Will the Minister provide the following information in respect of the Child and Adolescent Mental Health Services (C.A.M.H.S.) –

1. the total number of positions/roles within C.A.M.H.S. under the States of Jersey Target Operating Model as of 1st September 2021;
2. the total number of vacancies that exist within the positions/roles provided in response to paragraph (a) as of 1st September 2021;
3. a full and comprehensive list of all positions/roles within C.A.M.H.S., stating the title of the position/role, the nature of employment (i.e. full, part-time, etc.) and whether the position was vacant on 1st September 2021; and
4. the total cost of providing locum, bank staff or temporary staff to cover vacancies within C.A.M.H.S. between 1st January 2021 and 1st September 2021; and whether this cost was covered from within existing budgets and, if so, from which budgets?

Answer

1. posts (FTE) within CAMHS establishment as of 1st September 2021.
2. On the 1st September 2021 there were 1.91 FTE vacant posts (0.5FTE Nurse Practitioner, a 0.41FTE Clinical Psychologist and a 1FTE Medical Secretary). Furthermore, four permanent posts were backfilled by agency staff.
3. The Table below shows a comprehensive list of all positions/roles and status within CAMHS as of 1st September 2021

4. The total cost of covering CAMHS permanent staffing establishment vacancies with agency staff between 1st January 2021 and the 1st September 2021 was £340,573. This has been covered from within the existing CAMHS budget.

7. Senator S.W Pallet of the Minister for Health and Social Services regarding Adult Mental health positions (WQ.396/2021)

Question

Will the Minster provide the following information in respect of the Adult Mental Health Services –

1. the total number of positions/roles within Adult Mental Health Services under the States of Jersey Target Operating Model as of 1st September 2021;
2. the total number of vacancies that exist within the positions/roles provided in response to paragraph (a) as of 1st September 2021;
3. a full and comprehensive list of all positions/roles within Adult Mental Health Services, stating the title of the position/role, the nature of employment (i.e. full, part-time, etc.) and whether the position was vacant on 1st September 2021; and
4. the total cost of providing locum, bank staff or temporary staff to cover vacancies within Adult Mental Health Services between 1st January 2021 and 1st September 2021; and whether this cost was covered from within existing budgets and, if so, from which budgets?

Answer

Full list of positions/roles in Adult Mental Health

8. Deputy J.M. Maçon of St. Saviour of H.M. Attorney general regarding company policies on mask- wearing (WQ.397/2021)

Question

Will H.M. Attorney General advise whether –

1. finance companies have the right pursuant to company policy to require an employee to wear a mask in an office environment for Covid reasons;
2. it would legally be a disciplinary matter, or grounds for dismissal, should that employee choose not to comply with that aspect of company policy; and
3. the answer to paragraph (b) would differ dependent upon the employee's reason for refusal, for example on the basis of religious beliefs?

Answer

The response below is expressed in general terms. It is not, and should not be taken as, legal advice. Any finance company seeking to require employees to wear masks should obtain specific legal advice, tailored to its circumstances.

1. The relationship between employer and employee is governed by Jersey employment law and the contract of employment entered into between those parties. The terms of employment contained in the contract must be agreed by both parties. A contract may include clauses which require an employee to comply with company policy. Even so, employees are only required to follow reasonable management instructions of their employer. An employee is not obliged to carry out orders which are unlawful, beyond the scope of their contract, or which can be said to be clearly unreasonable. It is not unlawful in general terms to request an employee, as part of their terms of employment, to wear personal protective equipment. Whether it would be clearly unreasonable to do so or within the scope of a contract is a question of fact to be determined on a case-by-case basis.

2. If a requirement is contained in an employee's contract, which has been agreed to by both parties, or if it is a reasonable requirement, then there may be grounds for the employer to initiate disciplinary procedures for an employee's failure to comply with such a requirement. Reasonableness is a question of fact but, in general terms, under Jersey health and safety legislation employers have a duty to protect the health of employees, anyone on their premises and anyone else affected by the business. A requirement or instruction for an employee to wear a mask in the course of their employment in pursuit of these purposes may then be a reasonable requirement, but it will dependant on the specific circumstances in question. However, in the case of non-public facing roles, and in the absence of a contractual requirement, an instruction to wear a mask may be an unreasonable management instruction, particularly if other measures are available to employers, such as social distancing or working remotely.

An employer may dismiss an employee if the employer has a fair reason for so doing but must consider the employee's circumstances and any reasonable grounds for non-compliance. Fair reasons which are set out at Article 64(2) of the Employment (Jersey)  Law include, for example an employee's conduct, or because the employment would contravene a duty, or a restriction, imposed by enactment. Balanced against this is the employee's right not to be unfairly dismissed. Whether dismissal was fair or not depends on whether the employer acted reasonably or not and is to be assessed on a case-by-case basis.

3. An employer must consider the individual employee's circumstances and grounds for refusal. However, an employer may not directly or indirectly discriminate against an employee on the basis of a protected characteristic in way that would be unlawful under the Discrimination (Jersey) Law 2013. If an employee can show that their treatment by the employer was discriminatory on the basis of their protected characteristic then the employer's conduct in undertaking the disciplinary exercise may be unlawful. Protected characteristics under the 2013 Law include characteristics such as sex, age and disability amongst others, but do not include religion. Furthermore, an act of discrimination will not be unlawful under the 2013 Law if it is done necessarily for the purpose of complying with a statutory requirement or any condition or requirement lawfully imposed pursuant to legislation.

If the employer in question is a public authority or is a private entity acting pursuant to a statutory requirement, it may be that the employee could bring a claim that either the act of the public authority or the statutory requirements amounts to an infringement of rights guaranteed to them under the European Convention on Human Rights (ECHR), which is incorporated into Jersey law by the Human Rights (Jersey) Law 2000. The right to private life (Article 8 ECHR), which includes a right to personal autonomy within its scope, and the right to freedom of thought conscience and religion (Article 9 ECHR) are, however, qualified rights meaning that interference by the state with these rights can be justified if it is in accordance with the law and proportionate to achieving a legitimate aim. A mandatory requirement to wear as mask would likely engage Article 8 ECHR and, if it conflicted with a religious or some other conscientious objection, Article 9 ECHR. However, it may be that the mandatory requirement to wear a mask could be justified if it can be shown to be proportionate to the protection of health.

Finally, Article 14 ECHR guarantees the right to non-discrimination in the enjoyment of rights guaranteed under the ECHR. If an employee is able to show that a right guaranteed to them under the ECHR, for instance the right to private life or the right to religious freedom, is engaged by the requirement to wear a mask, and can show that they have been treated differently on the grounds of a status protected under Article 14 ECHR (which includes religion and disability), it may be that the employee can establish a discrimination claim under the ECHR. Discriminatory treatment would not be unlawful under the ECHR if the discriminatory measure is capable of being justified. That is a question of fact to be determined on a case-by-case basis.

9. Connétable of St. Brelade of the Minister for Children and Education regarding vulnerable children and young people housed in hotel or holiday accommodation (WQ.398/2021)

Question

Will the Minister advise how many vulnerable children and young people in the Government's care are currently being housed in hotel or holiday accommodation in the absence of foster or residential care setting availability in the Island; and will he outline present Government policy regarding the provision of accommodation for those vulnerable young people over 18 years old once they have left the Government's care?

Answer

There are currently no children under the age of 18 years who are in the Minister's care who are being housed in a hotel or holiday accommodation. All children and young people under the age of 18 years are cared for either in foster homes or residential care settings.

We currently have 3 of our care leavers staying in a hotel.

The Government's policy on the provision of accommodation for care leavers is contained within the Care Leavers Offer which states: -

When you are ready to move on from the fully supported pathway, we will ensure you are housed in suitable accommodation. This has been defined as either a self-contained studio or one-bedroom flat but we appreciate that for some young people, the option to share might be a more suitable or desirable option.

The cost of the accommodation is funded through Social Security if the care leaver is unemployed and claiming Income Support. The Children's Social Care Service provide two Supported Accommodation Homes, including 4 training flats, for 18- to 21-year-olds. Andium Homes are responsible for prioritising care leavers on their housing list. There is considerable demand for housing and whilst care leavers are within the priority group, Andium is not currently able to provide suitable homes for the three care leavers living in hotels. Appropriate housing is also sought form the private sector but demand is outstripping supply currently, and private landlords do not prioritise care leavers.

10. Connétable of St. John of the Assistant Chief Minister regarding the Our Hospital project Clinical Director (WQ.399/2021)

Question

Will the Minister advise –

1. the exact wording of the brief given to the Our Hospital project Clinical Director; who wrote and approved the brief, and what approval process was followed;
2. whether the Clinical Director's brief extends to choosing paint colours and wall art, and if so, why;
3. to whom the Clinical Director reports, and whether this includes the Director General for Health and Community Services and the Political Oversight Group;
4. when the Clinical Director's contract is due to expire, whether there is any intention to extend the contract, and if so, on what terms;
5. what day rate is paid to the Clinical Director;
6. how much has been paid to the Clinical Director since June 2019 to date, broken down by salary, travel and subsistence; and

7. whether there are any other payments due to the Clinical Director on completion of any stages of the Our Hospital project?

Answer

1. The brief provided to the Clinical Director is as follows:

• To provide liaison between Heads of Care Groups, Specialty clinical and service teams and the Project Team
• To advise the Project Board via Quality and Safety Care Group on potential patient safety risks
• To be a critical reader' of material produced in support of the Our Hospital Project (clinical department designs, feasibility of proposed services changes, workforce plans and so on).
• To be a member of key Assurance Committees supporting the Our Hospital Project and other groups such as the relocation works group, client project team forums, clinical forums and the Project Board
• To work with external non-clinical advisors as and when they contribute to the Project
• To support the final approval and sign-off of department floor plans and other service plans with the relevant clinical and operational leads for those departments
• To provide assurance to the Medical Staff Committee and other clinical forums that the clinician voice continues to inform the Project and that patient safety and opportunities for clinical innovation remain guiding principles for the Project.

The brief for the role was written by the Project Team for Our Hospital and approved by them as the team responsible for delivery of the project.

2. The Clinical Director's brief does not extend to choosing paint colours or selecting wall art. He is not responsible for making any choices himself and has not done so. However, some attendees of the Clinical User Groups have considered the interior design and art strategies and their impact on the healing environment.
3. On a day to day basis the Clinical Director reports to the Project Director. He is also accountable to the Director General for Health and Community Services (as the Senior Reporting Officer for the Our Hospital Project) and to the Chief Executive Officer (who chairs the senior officer steering group) and to the Political Oversight Group.
4. The Clinical Director's contract was due to expire in July 2021. As his services will be required up to the commencement of the build phase, his contract has been extended on the same terms and conditions until July 2022. This has been approved by the States' Employment Board.
5. The Clinical Director is paid £1,000.00 per eight-hour day.
6. From joining the Our Hospital Project in July 2019 until 31 August 2021, the Clinical Director has been paid £278,375. Air fares and accommodation have been paid by the Government of Jersey in the sums of £4,116.93 and £5,969.81 respectively. There is no allowance for travel to and from the port of entry and no allowance for subsistence.

There are no other payments due to the Clinical Director.

11. Connétable of St. John of the Minister for Treasury and Resources regarding Jersey Telecom (JT) tax and dividend receipts (WQ.400/2021)

Question

Will the Minister provide a table detailing the amounts received from Jersey Telecom (JT) in terms of both dividend and tax for each year from 2016 to 2020; and will she also set out the forecast revenue income in dividend and tax payments to the States of Jersey from JT for the years 2021 to 2025?

Answer

The dividend payments and corporation tax payments received from JT are disclosed within, and can be readily determined from, JT's publicly available annual financial statements. However, the figures for the last five years are as follows:

The expected dividend and tax payments to the States of Jersey from JT for 2021 are as follows, which are contingent on the performance of the business for the rest of the year:

Tax: £3.3 million

Dividends: £42.2 million, which includes the special dividend

JT is in the process of refreshing their 5-year plan which will be incorporated into their 2022 Business and Operating Plan to be agreed by the Shareholder. This will include a dividend forecast based on the updated financial outlook and projected tax payments.

12. Connétable of St. John of the Minister for Housing and Communities regarding building costs per square metre (WQ.401/2021)

Question

Will the Minister state what data are held by the Government on the current building costs per square metre, together with the methodology for calculating these costs, for each of the following –

1. flats;
2. semi-detached houses;
3. detached houses;
4. office buildings;

and will he advise whether the report entitled Development in Jersey', prepared by Altair in 2019, was accepted by the Government as being an accurate reflection of such costs?

Answer

The Government does not hold data on the current building costs per square metre. The Government does  however  reference  this  information  as  required  from  the  Royal  Institution  of  Chartered Surveyors for example on Page 9 of the Draft Bridging Island Plan -Viability Note. April 2021. The briefing paper prepared by Altair referred to as the Policy briefing on development barriers was reviewed by the Housing Policy Development Board held on the 11th of June 2019. The views of the Board can be found under Item 4 of the 3rd meeting of Housing Policy Development Board.

13. Connétable of St. Martin of the Minister for International Development regarding aid funding for Afghanistan (WQ.402/2021)

Question

Will the Minister state the total value of the funding commitment provided by the Government of Jersey to assist with the ongoing crisis in Afghanistan (including, but not limited to, that provided by Jersey Overseas Aid); will she provide a breakdown of the aid provided and advise how these funds will be applied; and will she further advise whether there is any commitment to provide ongoing funding in the longer term for this issue.

Answer

As far as I am aware, the only financial support offered to address the ongoing crisis in Afghanistan has been from the Island's international aid agency, Jersey Overseas Aid (JOA). As Minister for International Development, I can confirm that the following three allocations (totalling £375,000) have been made by JOA:

1. British Red Cross, £100,000

Building on the Red Cross Movement's 30+ year history in the region, the response is centred around the reach and resources of the Afghan Red Crescent Society (ARCS) who, in collaboration with the International Federation of the Red Cross (IRFC) and International Committee of the Red Cross (ICRC), have targeted vital health care services, WASH and financial aid to vulnerable families since the escalation in violence.

2. United Nations High Commissioner for Refugees (UNHCR), £150,000

UNHCR's emergency response prioritises preparedness in host countries (Iran, Pakistan, Tajikistan, Turkmenistan and Uzbekistan) as well as the immediate needs of around 600,000 new internally displaced persons in Afghanistan. The response will focus on protection, cash grants for persons with specific needs, psychosocial counselling for Gender Based Violence (GBV) survivors, shelter and core relief items such as sanitary materials and hygienic supplies.

3. Street Child, £125,000

Street Child will provide protective services for 15,000 children in two Afghan provinces with the highest proportion of displaced persons caused by the ongoing conflict. The proposed project has 4 integrated interventions that address the immediate needs of vulnerable children, especially girls who are particularly at risk of early marriage, trafficking and exploitation.

No further commitments have been agreed by JOA Commissioners at this time. My officers are closely monitoring the situation and receive regular updates and reports from humanitarian actors including the United Nations Office for the Coordination of Humanitarian Affairs (OCHA) and UNHCR. We will continue to assess the situation and respond appropriately based on the needs identified by our humanitarian partners and the resources available to me. However, without pre- judging the decisions of the Commissioners, the fact that Afghanistan is now one of the most severe humanitarian crises in the world – and poised to get much worse over the winter – means future assistance from Jersey is very possible.

14. Connétable of St. Martin of the Minister for International Development regarding the Island Identity project (WQ.403/2021)

Question

Will the Minister provide members with an update on the progress made to date with the Island Identity project?

Answer

Further to my response to Deputy Macon's question on 5 October 2021, I can confirm that since launching publicly on the 5th of May 2021, the project has been open for consultation. The consultation officially closed on the 12th of October 2021. During this period, we have engaged with many islanders through various channels to gather as much feedback as possible. This has been through the Island Identity website, Government of Jersey social media channels, Parish Hall roadshows, Parish magazines, the Jersey Evening Post and other online and in-print publications. We have also engaged and gathered views from various Arms Length Organisations, business leaders and third sector organisations.

The consultation survey has been translated into Portuguese, Polish and Romanian.

We have continued meeting with Government departments to assist policymakers internalise and begin putting into practice some of the ideas generated throughout this project.

In parallel, we have initiated workstreams that will cement the overarching objectives and specific goals of the project.

Current projects include:

1. The commissioning of Jersey-related resources for schools, civil servants, visitors, newcomers to the island, businesses, and anyone who wishes to learn more about the island. Once the work has been checked, this will be added to the Island Identity website
2. The mapping of educational resources that exist externally to areas of the curriculum that will help teachers teach about the Island  
3. The commissioning of research into the experience of minority communities on the island through the Jersey Policy Forum
4. Gathering contributions from various voices from around the island and giving them a chance to contribute to an essay series concentrating on the project's main themes and publishing views on the Island Identity website and social media
5. Facilitating the distribution of children's books about the island
6. Providing the Youth Service with resources to aid young people in engaging of the concept of identity' through session plans, which will hope to translate into work with the Youth Parliament
7. Meeting with Institute of Directors and other organisations to advance Island Identity through their agendas

Through engagement so far, Government departments, ALOs and other organisations are considerate of identity in the formulation of policy pipelines. We are now well positioned to continue dialogue with relevant departments, providing research and support to stakeholders and departments responsible for delivery.

15. Connetable of St. Martin of the Chief Minister regarding the barriers to accommodating refugees (WQ.404/2021)

Question

Will the Minister outline what barriers (including legal ones) have been identified to prevent Jersey from accommodating refugees fleeing persecution, and state what discussions, if any, have been held over the last 5 years with representatives from the United Kingdom and other jurisdictions to understand how any such barriers to resettlement may be overcome?

Answer

Jersey has a proud history of supporting refugees in various ways, whilst recognising the challenges and limitations of our highly constrained Island setting. In this respect, Jersey is different, in legal and practical support terms, from the United Kingdom. It is not possible to ring-fence the provision to a selected group of refugees, without opening up Jersey to all refugees, because of the non- discrimination obligations in both international instruments and Jersey law.

Instead, Jersey provides other means of support. For example, last month Jersey Overseas Aid (JOA) committed £375,000 in response to the crisis in Afghanistan. With almost half of Afghanistan's population assessed as requiring humanitarian assistance, Jersey pledged funds to three organisations to provide lifesaving support to those most in need. £150,000 to the UNHCR (the United Nations High Commission for Refugees), £125,000 to British NGO Street Child' and £100,000 to the British Red Cross.

Numerous discussions have been held with UK Government Ministers and officials over the past 5 years in respect of these matters, as it is consistent with Jersey's constitutional status.

16. Senator S.Y. Mézec of the Minister for treasury and Resources regarding JT's Internet of Things division (WQ.405/2021)

Question

 With regards to the recent sale of JT's Internet of Things (I.O.T.) division, will the Minister advise –

1. how much JT has paid to the States of Jersey in terms of dividends and corporation tax in each year for the last 5 years;
2. what proportion of these payments can be attributed to the performance of the I.O.T. division;
3. what projections, if any, the Treasury had for the next five years in terms of the expected revenue arising from JT, prior to the decision to privatise the division;
4. the current revenue projections for this time period, now that JT only retains a minority stake in I.O.T; and
5. whether or not the now privately-owned I.O.T will pay corporation tax?

Answer

1. The dividend payments and corporation tax payments received from JT are disclosed within, and can be readily determined from, JT's publicly available annual financial statements. However, the figures for the last five years are as follows:

2016 (£)  2017 (£)  2018 (£)  2019 (£)  2020 (£) Tax  1,907,005  1,998,184  2,423,822  2,342,201  1,407,157 Ordinary Dividends  5,496,000  4,692,000  4,790,000  4,775,000  4,105,000

2. In terms of the percentage of dividends and tax payments attributable to the IoT division, the Minister believes this to be negligible, since the Earnings Before Interest Tax Depreciation and Amortisation ("EBITDA") of the division was insignificant before 2018, £2.1m in 2019 and £6m in 2020. The value of the IoT division was based on future benefits, not on historical ones. Whilst the IoT division did make a healthy contribution to the Company's EBITDA, the sale of the majority stake in JT (IOT) Ltd secures a future revenue stream (JT (IOT) will be JT's biggest customer) which is expected to grow as the new owners inject significant investment in IoT.
3. Prior to the sale of the majority stake in JT (IOT) Ltd byJT, projections for future dividends were for inflationary increases for the ensuing five years.
4. JT is in the process of refreshing their 5-year plan which will be incorporated into their 2022 Business and Operating Plan to be agreed by the Shareholder. This will include a dividend forecast based on the updated financial outlook.
5. The Minister cannot comment on the tax arrangements of a private company.

17. Deputy I. Gardiner of St. Helier of the Minister for Infrastructure regarding the accounts for the Bellozanne sewage plant project (WQ.406/2021)

Question

Will the Minister provide the accounts for the Bellozanne sewage plant project, including all payments made to contractors since 2018, broken down by date, value, and description of the goods or services covered for each payment; and will he explain the reasons for the increase in the overall budget for the plant, setting out an itemised breakdown of the costs that make up this increase?

Answer

The current STW project is a single contract with nmcn PLC for the design and construction of the Sewage Treatment Works (STW) at Bellozanne. Applications for payment are received by IHE from the contractor on a monthly basis. Payment is made to the contractor on the basis of the Activity Schedule, submitted in the original tender submission, as defined in the contract and valued for the works completed during the month. The value and date of the payments made to the contractor are identified in Table 1, below.

The initial approved budget for the STW project was £79,502,000 and the current budget allocation is £75,502,000, as identified in Table 2 below (and on page 131 of the Government Plan 2022-25 [GP 22-25], table 19). The remaining £4,000,000 shortfall in funding is due to be allocated in 2023 to meet the project cashflow requirements.

Of the previously approved and allocated budget at the end of 2020, £7,990,000 was not allocated to the project by Treasury and Resources Minister in 2021, but was ring fenced in reserves to make it available in 2022 for the STW project. This is included in the GP 22-25 for 2022 under Capital – Major Projects' but is effectively a reallocation of funding already agreed in prior years not carried forward into 2021 under the Public Finances Law.

A Business Case has been approved for the increase in budget of £1,850,000 in 2022 and is included in the GP 22-25 Capital Allocations on page 136 (table 20). The increase in funding is for costs incurred by the project as a result of the Covid-19 pandemic.

The current total funding required for the STW project is £81,352,000.

It should be noted that there are other items not included in the current total funding required (£81,352,000) but packaged under the STW portfolio in the GP 22-25 as they relate to Liquid Waste projects allied to the STW. These include:

• Biosolids Storage Facilities £2,383,000;
• STW Odour Mitigation (States of Jersey Proposition No. P.115/2017) £1,500,000; and,
• Bellozanne STW Outfall Rehabilitation £1,000,000.

The revised total value of the STW portfolio is therefore £86,235,000 as identified in table 19 of GP22-25 and table 3 below.

18. Deputy I. Gardiner of St. Helier of the Minister for Infrastructure regarding the lead contractor, NMCN, for the upgraded Bellozanne waste-water facility (WQ.407/2021)

Question

Will the Minister provide members with the following information regarding the performance of NMCN, the lead contractor in delivering the upgraded waste-water processing facility at Bellozanne –

1. the date upon which the Minister, or the leading officer in his department, first became aware of the financial difficulties that NMCN were experiencing;
2. what safeguards, if any, existed in the contract with NMCN in termsof protection against financial loss due to the potential bankruptcy of a major contractor;
3. what mitigating measures, if any, the Government took upon becoming aware of the threat of NMCN going into administration; and
4. whether or not local contractors were notified of the issues surrounding NMCN; if yes, when they were notified, and if not, why not?

Answer

1. The Project Sponsor was made aware that nmcn PLC issued a trading update (Regulatory News Service Announcement) on 15 October 2020. The trading update confirmed that nmcn had undertaken an extensive exercise to review all major contracts and the review was expecting a loss before tax of between £13.5 million and £15.0 million for the year.
2. nmcn PLC do not have parent company. Therefore, a parent company guarantee was not available. The safeguards that exist include:
   1. Performance Bonds; and,
   2. Retention.

4. The financial status of nmcn has been subject to close scrutiny and monitored regularly by Officers from IHE, T&E and Commercial Services for any actions required as appropriate. Options were presented to IHE by the project's legal consultant on 20 August 2021 in anticipation of nmcn PLC becoming insolvent. However, the options were limited and defined by the contract. Options for early termination of the contract would have resulted in significant financial exposure and programme delay to IHE.

4. The local supply chain was engaged by nmcn PLC through subcontracts for the supply of goods and services. The Regulatory News Service Announcement on 15 October 2020, and subsequent announcements relating to nmcn PLC's financial status, is publicly available information. Amended and new clauses were included in the original contract with nmcn PLC, designed to provide IHE with a mechanism to deal with any non-payments to the local supply chain. IHE has monitored the situation regarding payment to the local supply chain in preparation for implementing the amended and new clauses, if warranted.

19. Deputy I. Gardiner of St. Helier of the Assistant Chief Minister regarding space allocated for future growth at the new hospital (WQ.408/2021)

Question

Following the answer to Written Question 381/2021, will the Minister advise what space (in square metres) has been allocated for future growth of the new hospital?

Answer

The new hospital has been designed carefully for future growth. The Demand and Capacity models used to inform the Functional Brief are based on 2036 population and health needs and the layouts are sized for this level of future growth. Space in the hospital will be fully utilised in the interim and reconfigured as necessary.

To accommodate potential future demand, the new hospital has been designed to be flexible: As healthcare changes, the use of areas in the hospital can be adapted, flexing for changes in certain services. The design also includes areas that could be used to accommodate future growth or alternative uses. There are also parts of the Overdale campus that could accommodate additional buildings.

A final schedule of accommodation will be available following approval of the Clinical and Operational Client Group in November 2021 and will be included in the planning application.

Although not a precise figure at this stage, an estimated 15% of the space will be adaptable for future use. That equates very approximately to 10,000 square metres on the current drawings but could be subject to change.

20. Deputy R.J. Ward of St. Helier of the Minister for Children and Education regarding teaching staff on performance improvement plan (WQ.409/2021)

Question

Will the Minister state how many teaching staff at Island schools are currently on performance improvement plans (PiPs)?

Answer

Fewer than five (5) teachers are currently on performance improvement plans. The exact number cannot be disclosed to avoid any possible identification of individuals.

21. Deputy R.J. Ward of St. Helier of the Minister for the Environment regarding the cost of achieving climate neutrality (WQ.410/2021)

Question

Given  that  a  potential  cost  of  several  hundred million  has  previously  been  indicated  by  the Government in relation to achieving climate neutrality in the Island, will the Minister explain what specific cost has been identified, how it was determined, and what the figure includes?

Answer

A definitive cost is yet to identified as this will be dependent on the recommended detailed policies which are currently under development and due to be published in December this year in the Carbon Neutral Roadmap (the Roadmap'). The Roadmap will contain all pertinent information as to the mechanisms, underpinning rationale, and the direct costs of the policies that will be put forward to address the climate emergency. The Preferred Strategy for Carbon Neutral will be published in mid- October and it provides information on progress to date, next steps and five strategic polices including one that addresses the policy development process.

The previous cost of achieving carbon neutral to which the Deputy refers in the question is explained in Section 5.2 - Developing long-term policy options of the Carbon Neutral Strategy (P.127/2019). This provides a detailed assessment of the potential decarbonisation policies for our key sources of pollution – heating and transport. An estimate of the direct costs to Government of these policies was given in the underpinned technical report carried out by Oxera.

This early work has been built upon to develop the final policies that will be put forward in the Carbon Neutral Roadmap and will draw on the following sources:

• Pathway 2050 and Carbon Neutral Strategy  
• Citizens' Assembly recommendations  
• Climate Conversation feedback
• Experience from Jersey and schemes run in the past
• Case studies from the UK, Europe and the world
• Aether  and Oxera models  about  the  rate  of  change  required  to  achieve  the  emissions reduction targets
• Discussion in the Carbon Neutral Steering Group and feedback from Council of Ministers
• Policy Officer workshops and stakeholder discussions

22. Deputy R.J. Ward of St. Helier of the Minister for Children and Education regarding pupils eligibility for Jersey Premium funding (WQ.411/2021)

Question

Will the Minister state the number of pupils, across all Key Stages, who are currently eligible for Jersey Premium funding, with the figure broken down by Key Stage?

Answer

The table below details the number of pupils in each Key Stage who were eligible for Jersey Premium funding in the summer term (May 2021).

Foundation

Stage  451 Key Stage 1  503 Key Stage 2  984 Key Stage 3  618 Key Stage 4  384 Key Stage 5  249 TOTAL  3189

Confirmed Jersey Premium figures for the academic year 2021/22 will not be available until late December/early January. Education/CYPES Department receive data from Customer and Local Services each November and May. This data is matched to the latest pupil census and schools receive funding every January.

23. Senator K.L. Moore of the Chair of the States Employment Board regarding civil servants who are members of the organisation "Common Purpose" (WQ.412/2021)

Question

Will the Chair advise how many civil servants, if any, are recorded as members of the organisation Common Purpose' and how many employees have received training from that organisation; and will he provide a table showing this information per department?

Answer

Memberships that are not a regulatory or statutory requirement for a professional role are not held. There is no valid reason under data protection legislation to collect this data.

There are less than five employees in Strategic Policy, Performance and Population department that have attended training from this organisation[1]. There are no further records of any employees attending any training.

In 2021, following an open procurement exercise, an approved list of learning and development providers was created, Common Purpose is not a provider on this list.

24. Senator S.Y. Mézec of the Chief Minister regarding the cost of adverts through the Jersey Evening Post (WQ.413/2021)

Question

Will the Chief Minister provide a breakdown of how much the Government has spent taking out adverts in the Jersey Evening Post for each month since it ceased to be a legal requirement to publish the Jersey Gazette through the Jersey Evening Post?

Answer

This answer assumes that the information request above refers to the vote by the States Assembly to bring into force the Official Publications (Amendment No. 2) (Jersey) Law 2017. The Official Publications (Publication of Jersey Gazette) (Jersey) Order 2018 was signed on Friday 13th July 2018 and came into force on Saturday 19th June 2019 requiring Jersey Gazette notices to be published online at www.gov.je/gazette

The monthly spend by the Government of Jersey on  advertising and publicity (inclusive of recruitment advertising) is demonstrated in the annual tables below.

2019

2020

2021

25. Deputy M. Tadier of St. Brelade of the Minister for Treasury and resources regarding the taxation of Social Security contributions (WQ.414/2021)

Question

Will the Minister provide members with an analysis of the financial impact of all employees' Social Security contributions being made exempt from tax; and will she state what consideration, if any, has been given as to whether it would be morally right to introduce a policy whereby such contributions would be made so exempt, in light of the fact that the Social Security pension itself, when claimed, is assessed as part of one's tax liability?

Answer

The Government has recently responded to two Petitions around the taxability of the States old-age pension and Social Security contributions. One of these closed in October 2019; and one remains open.

Social Security contributions fund a social-insurance scheme which provides a range of benefits, including the States old age pension. If a tax deduction was available for these contributions, it would materially reduce the State's income and this reduction in tax revenues would have to be recouped through other taxation measures in order to maintain public services.

For employed people, Social Security contributions are paid both by the employee and the employer. The employer's contribution – some 6.5% up to the Standard Earnings Limit (SEL) and a further 2.5% between the SEL and the Upper Earnings Limit (UEL) – is not subject to income tax and is a deductible expense of doing business.

I support the existing policy and the financial impact of changing it could cost many millions of

pounds, which would put pressure across all public services, many of which are of significant benefit to low wage earners.

It should also be remembered that some people work and pay employee contributions in Jersey for part of their working lives before moving to work and settle somewhere else. These people could benefit from income tax relief whilst they live and work here, but they will not be Jersey residents later in life when their pensions would be subjected to income tax if it exceeded the taxable threshold.

Finally, such a change would be essentially regressive in nature. Many lower-wage workers do not pay tax at all and thus would receive no benefit from this move. Higher wage earners who do pay higher rates of tax would see the most benefit.

26. Deputy M. Tadier of St. Brelade of the Minister for Treasury and Resources regarding exempting Social Security pensions from tax (WQ.415/2021)

Question

Will the Minister provide members with an analysis of the financial impact of exempting Social Security pensions from tax; and will she state what consideration, if any, has been given as to whether it would be morally right to introducing such a policy, in light of the fact that Social Security contributions are liable to tax?

Answer

The Government has recently responded to two Petitions around the taxability of the States old-age pension and Social Security contributions. One of these closed in October 2019; and one remains open.

It was previously estimated that around half of pensioners pay no income tax at all because their States old-age pension, combined with any other income, remains below the income-tax thresholds. Exempting the Social Security pension from income tax would benefit only those pensioners who currently pay tax. Such a change would therefore essentially be regressive in nature.

The vast majority of private and state-provided pensions are taxable but a significant proportion (estimated to be 50%) of Jersey pensioners pay no income tax. This is because Jersey enjoys relatively high tax exemption thresholds before which income is taxed.

In particular, if a Jersey resident pensioner's only source of income is the States old age pension, he or she will not pay income tax: a single pensioner in receipt of a full States old age pension would receive around £11,750 in 2021 but would not pay income tax until their income exceeded £16,000. A married pensioner in receipt of a full States pension would receive around £19,500 but would not pay income tax until their income exceeded £26,100 (note this threshold assumes the married pensioner was born before 1952).

I support the existing policy and making the old age pension exempt from tax could materially reduce States income by many millions of pounds, without providing any benefit whatsoever to the lower income pensioners. The reduction in tax revenues would have to be recouped through other measures in order to maintain public services, many of which are of significant benefit to low-wage earners.

27. Connétable of St. Brelade of the Minister for Home Affairs regarding States members' personal safety (WQ.416/2021)

Question

In light of the fatal attack on Sir David Amess in his U.K. constituency, and the recent instances of terrorist extremism in other parts of the world, is it the Minister's intention to issue guidelines to Jersey politicians to ensure their continued personal safety whilst in office?

Answer

The Minister, on behalf of the State of Jersey Police and the Justice and Home Affairs Department, extend our heartfelt condolences to the family, friends and UK Members of Parliament following the tragic murder of Sir David Amess earlier this month, as we did in similar circumstances following the murder of Jo Cox MP in West Yorkshire in 2016. Thankfully, these are rare events, but are of course devastating when they occur.

The assessed threat and risk to local Jersey politicians is low, generally in keeping with much lower levels of violent extremist crime in Jersey.

The States of Jersey Police has a range of intelligence sources available to it which are dynamic and constant. The Honorary Police network across and into all Parishes of course also allows for excellent community intelligence. Any potentially adverse harmful intelligence directed at any individual is positively and proactively tackled in a range of forms, depending upon the nature of the intelligence.

That said, we are not complacent – neither can we ever completely eliminate risk. Any States Member who has any safety concerns can contact their dedicated SoJP Community Police Officer directly who will be happy to advise, including when holding constituent public surgeries.

The SoJP are also actively monitoring and assessing the UK Policing response to this tragic event in order to identify any developing best practice.

28. Connetable of St. Brelade of the Minister for Children and Education regarding the draft Children and Young People (Jersey) Law (WQ.417/2021)

Question

Will the Minister advise members of the timeline for bringing the draft Children and Young People (Jersey) Law to the Assembly for debate?

Answer

The Minister is planning to lodge the draft Children and Young People (Jersey) Law 202- with the Greffier of the States ahead the Christmas recess, which would enable an Assembly debate early in January 2022.

29. Deputy M.R. Higgins of St. Helier of the Minister for Treasury and Resources regarding applicants to the Covid-19 support schemes (WQ.418/2021)

Question

Will the Minister advise members of the name of every business that has received financial support under the Government's Covid-19 support schemes, setting out in each case the amount given to each recipient under each scheme, and the date these funds were received?

Answer

The Government's Covid-19 business support schemes include:

- Co-Funded Payroll Scheme (CFPS)

- Business Disruption Loan Guarantee Scheme (BDLGS)

- Visitor Accommodation Support Scheme (VASS)

- Fixed Cost Support Scheme (FCSS)

- Visitor Events and Attractions Scheme (VAES)

As of 30th September 2021, 67 approved facilities for local businesses have been provided by Jersey banks through the BDLGS, whereby the States of Jersey guarantees 80% of the total amount lent. Of that figure 50 lending facilities are still active, against which £2,348,163.20 is guaranteed by the States.

As the underlying loans are between local banks for local businesses, the terms of the agreements with the banks participating in the Business Disruption Loan Guarantee Scheme, the Minister is unable to publish details of the amounts guaranteed for individual borrowers.

Payment data for claims made under the CFPS during 2020 and for the VAES between October 2020 and June 2021 are already in the public domain and are available on gov.je.

Data relating to claims made for the CFPS during 2021, VEAS claims after June 2021, and claims made under the remaining business support schemes are subject to an on-going audit process. This data will be published following the completion of related audit processes. The expected timing of publication for data to the end of September 2021 is as follows:

- CPFS by 31 December 2021

- VASS by 30 November 2021

- FCCS by 30 November 2021

- VAES by 31 December 2021

A further report providing final data will be published from April 2022 once all relevant schemes have closed.

If this information were to be published now it would be likely to include payments that will be challenged as part of the audit process and may end up being reduced. This would potentially give a distorted picture and mean that a permanent record (via an answer to this question) would have been created that may not be wholly accurate and would differ from the fully audited versions, which will be published as set out above.

30. Deputy M.R. Higgins of St. Helier of the Minister for External Relations and Financial Services regarding the Charities (Jersey) Law 2014 (WQ.419/2021)

Question

Will the Minister advise whether, under the Charities (Jersey) Law 2014, local charities are prohibited from being registered with the Jersey Charities Commission if they have a member of the States Assembly on their Committee or Board of Directors and, if so, explain why?

Answer

Article 5(2) of the Charities (Jersey) Law 2014 states that:-

"(2) An entity that otherwise meets the charity test, nevertheless does not meet that test, despite paragraph (1), if its constitution expressly permits its activities to be directed or otherwise controlled by, or any of its governors to be –

1. a Minister;
2. a member of the States Assembly; or
3. any equivalent of such a person in another jurisdiction, acting in that capacity."

This is based on the principle that the governors (which term includes the directors of a company where the company is the charity) of a charity should be independent, including from political control or influence, and must act only in the best interests of their charity avoiding any conflict of interest or loyalty, and ensuring that the charity is run so as to fulfil its charitable purposes.

The Charity Commissioner has produced Guidance on this in his Guidance Note 2 "The Charity Test" at paragraphs 39 – 45. The full section of the Guidance should be read but it is noted that the Commissioner indicates in the Guidance that a States Member can be a governor of a charity provided that the person has been appointed in a personal capacity and that there is no actual requirement in the given entity's constitution for such a person, as an office-holder, to be a governor." The Commissioner also indicates that in some circumstances it is permissible for a Parish Constable, a Crown Officer, the Dean or the Lieutenant Governor, to be a governor, by virtue of her or his holding one of those offices, depending on the circumstances.

https://charitycommissioner.je/wp-content/uploads/2017/12/CC-Guidance-Note-2-The-Charity- Test-2.pdf

Accordingly, in certain situations it is possible for an entity to be registered as a Jersey charity where a governor is a member of the States Assembly; it is a matter for the Charity Commissioner to apply the charity test according to the particular circumstances of each application.

31. Connétable of St. John of the Chief Minister regarding the Government's external relations in respect of the slaughter of dolphins (WQ.420/2021)

Question

Further to concerns expressed by the Assistant Chief Minister to the media regarding the slaughter of dolphins in the Faroe Islands, will the Chief Minister state what action, if any, has been taken by the Government to highlight the issues of animal rights abuses and whaling practices with –

1. the Government of the Faroe Islands;
2. the U.K. Government; and
3. the Island Games Association and the Jersey Island Games Association;

and will he also state what action has been taken, if any, to raise concerns regarding these issues with other jurisdictions, in particular Japan, Iceland and Norway?

Answer

Given the relationship held directly with the Government of the Faroe Islands, the Government of Jersey has taken the following steps:

• On 29th September 2021, the Head of UK Affairs, based in the Jersey London Office, wrote to the Head of Representation in London of the Government of the Faroe Islands.
• On 1st October 2021, the Minister for External Relations wrote to the Minister of Foreign Affairs and Education in the Government of the Faroe Islands.

Senator Farnham has written to the Chair of the International Island Games Association regarding this matter, and to the Chairs of the Committees of each member island and to Ministers in each participating jurisdiction.

Further to the response to a Freedom of Information Request published on 22nd October, no correspondence has been undertaken to raise concerns regarding whaling by Japan, Iceland or Norway.

32. Connétable of St. John of the Minister for Children and Education regarding the waiting list time in days for the Child and Adolescent Mental health Services (C.A.M.H.S.) (WQ 421/2021)

Question

Will the Minister state the average waiting list time, in days, for patients referred to Child and Adolescent  Mental  Health  Services  (C.A.M.H.S.)  for  each  month  between  January  2018  and September 2021?

Answer

The table below shows the average waiting list time and includes children and young people referred for neuro-developmental assessment, along with those referred to CAMHS.

Waiting list time in days

2018  2019  2020  2021 January  13  59  55  23 February  22  64  71  11 March  25  45  46  26 April  38  31  37  20 May  40  25  19  26 June  19  27  31  33 July  18  26  14  42 August  30  46  28  47 September  37  55  21  20 October  34  48  17

November  41  55  18

December  40  52  29

Existing data shows the number of days from when a referral is received to when the initial assessment is completed on the system.

Referrals are triaged upon arrival to CAMHS and many initial contacts occur quickly with input from CAMHS practitioners, that lead to initial assessment reports.

There is now a CAMHS Duty and Assessment team that screen all referrals and provide input the same day if indicated. As part of the CAMHS redesign there will be additional investment in the Duty and Assessment Team and specialist CAMHS to address increasing referrals to the service.

As part of the CAMHS redesign and improvement to CAMHS data, we are exploring being able to capture referral to initial contact / case opening data which will provide a clearer picture of the speed of input.

Future data also needs to separate referrals for neurodevelopmental assessments from referrals for Mental Health concerns, given different time scales for both, an average set of data does not distinguish between.

33. Connétable of St. John of the Minister for Children and Education regarding recruitment in  the  Department  of  Children,  Young  People,  Education  and  Skills  (C.Y.P.E.S.) (WQ.422/2021)

Question

Will the Minister advise whether any jobs in his department that have been, or are being, advertised in the U.K. relate to positions currently filled by local staff on zero-hour contracts and, if so, why; and will he state whether any such jobs are being offered with a higher wage than is currently being paid and, if that is the case, will he also state the percentage difference between the respective wage rates and the reasons for any such difference?

Answer

Roles that are difficult to recruit to are advertised both on and off island, roles are not exclusively advertised off Island. Of the current roles advertised off island, none are covered by local staff on zero-hour contracts.

Supply staff employed on zero hours contracts are often engaged for a fixed term arrangement to cover teaching vacancies in schools, particularly where there is a gap between the leave date of the previous post holder and the start date of the new appointment. This may include teaching vacancies advertised off island.

Supply staff engaged on zero hours contracts are paid the salary that is commensurate with their own length of service and increment achieved on the teacher's pay scales. Therefore, it is possible that the new appointee may receive a lower or higher salary than the supply staff due to a different level of experience.

For civil service posts the advertisement will state the evaluated grade applicable to the post.

Due to the variability from role to role and supply staff pay rates it is not possible to give a percentage difference.

4. Oral Questions

1. Deputy G.P. Southern of St. Helier of the Minister for the Environment regarding the Regulation of Care (Jersey) Law 2014 (OQ.215/2021)

Following the transfer of responsibilities under the Regulation of Care (Jersey) Law 2014 to his portfolio, will the Minister explain what responsibilities under the law fall to him and advise whether he has undertaken any assessment of whether it remains appropriate for those responsibilities to sit with him?

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

The Chief Minister formally transferred functions related to the Regulation of Care Law to the Minister for the Environment position in October 2020. This coincided with the first wave of COVID-19 and required me to work with the Jersey Care Commission on regulatory issues related to the provisions of care home and homecare services during the emergency, including associated temporary changes to the law. Pursuant to that, I brought the Regulation of Care amendment to the law, Temporary Amendment No. 2 Regulations to the Assembly in November last year. Of course in that time I have had to speak with the Commission and Inspectorate on practical regulatory issues arising. Early next year, I will be bringing to the Assembly new regulations that extend the Commission's remit to Children's Services, including children's social work and mental health services regardless of whether these are provided by government or an external provider. This follows the public consultation on the draft legislation on 17th September. That will be a huge milestone in our work to ensure that children in Jersey benefit from high-quality independently assured social care services. With regards to the future, I have instructed officers to bring forward options for ongoing political oversight of the Care Commission as the role develops. I am clear there needs to be independence from the Minister for Health and Social Services and Minister for Children and Education, both of which are responsible for providing the service that is subject to the regulations carried out by the Commission. I have asked in developing these options consideration

is given how the Government of Jersey might best ensure the appropriate separation of operational delivery and regulatory functions across all services.

1. Deputy G.P. Southern :

I am pleased to see at least some progress being made, according to the Minister, on this particular issue. But if I could refer him to Article 38 of the care law: "The Commission shall, when requested by the Minister [and the Minister is the Minister for the Environment] prepare a report upon an aspect of health and social care as requested by that Minister and submit the report to that Minister. Would he consider investigating the terms and conditions under which homecare service agents are provided and ensure that the conditions are such that people want to become a carer? At the moment we have dreadful shortages and part of that is the fact that the terms and conditions, according to the ethical charter for homecare, which this Assembly has passed, are not in place. Could he say whether he is prepared to have an investigation into that very aspect?

Deputy J.H. Young:

The Deputy raises a really valid point that there is not any question that we have an acute need for care staff and that the issues of their pay and conditions is an issue which is absolutely germane to that. There has not been a formal request for me under the Article that the Deputy has raised. But there have been informal discussions, certainly with the officers, and that has been communicated through to the Commission. At the moment, that informal response is that there is a view that the details of employment conditions and pay and terms and conditions are not matters that fall within the regulatory scan of the regulatory law. That is the information I have. If the Deputy requires me to go and progress this in a formal way I am quite prepared to do so. That will obviously include the legal advice as to whether or not that regulatory law has the vires. But there is no question this issue about the terms and conditions of care staff is critical to make sure these services can be staffed appropriately. I do remember, I think the Care Commission have themselves commented on the shortage of staff at the present time, and that is clearly not just a problem unique to Jersey, it is U.K. (United Kingdom)-wide as well.

2. Deputy R.J. Ward :

Can I ask a question, I think it was linked to what was just said? Does the Minister believe that the care charter that protects staff from excess hours and protects right in the workplace is a positive step for a care provision on the Island?

Deputy J.H. Young:

Yes, very much. At my age I am hoping to see my days without having to need a care home. The Care Commission is a relatively new body. It is vital. From my interactions with the Commission and the Inspectorate during the COVID time, I can tell you I was very impressed with the Commission's work. I think Members should be proud that we have such a body and they are driving and wholly behind the issue of children's services. We all know there are issues about childcare services; the Commission are driving that on. But I will add this to the list. I do have a question: here is a body being charged with care standards, is it right and was it the intention of law that we give them the job of regulating pay conditions? I am not sure. I will take that issue as a formal request.

3. Deputy R.J. Ward :

I did have a supplementary until that very last sentence. Does he not feel that that is his job to regulate those conditions and the rights of those workers given that he has the oversight of the Care Commission?

Deputy J.H. Young:

Why do we have regulation? We have regulation to ensure that the policies that this Assembly sets and the laws are delivered. We have to work within the structure of the law. At the moment, the advice I have had, is this steps outside the law. But the Deputy raises a point in this Assembly so I will act on it formally and put formal requests to have that made clear. I will be frank, if it requires a change in the law and the Commission are behind it, then I will initiate it.

4. Senator S.Y. Mézec :

It follows on from the question from Deputy Ward . If the Minister accepts that there is a link between the terms and conditions of people working in the care sector and the quality of service that they are able to provide for those they are caring for, and he accepts that the Care Commission have raised it as an issue, the question then follows is: what exactly is the Minister doing about it and will he not undertake more action to ensure that the care sector becomes a better place to work in so that we can attract the right calibre of candidates and fill those roles so that the people they look after are getting the care that they deserve?

Deputy J.H. Young:

The Senator makes a very good argument, as he always does. But I have agreed already to follow this up formally. I do not know if I can go more than that.

5. Deputy M. Tadier :

Is it the Minister's analysis that our care sector is too heavily reliant on the private sector and because of that there is necessarily an inherent profit motive, which may impact on delivery of service putting profits before people?

Deputy J.H. Young:

No, I can see this is obviously a question that is loaded with politics and it is not one I want to go here at the moment. This Island has been well-served by our care homes for decades.

[10:00]

I am not going to stand here and say: "No, we have a nationalise it all." No. But we do need to start developing policies. The question is: is government a first-place provider or a provider of last resort? In the end if we have a shortage of those facilities then I think government would have to step in. We have a number of facilities within the Minister for Health and Social Services' domain and it may be we need to find out whether they are sufficient. I think Members have raised a lot of issues that I will add to my portfolio of regulatory work in just about every other area and ask the Commission please to report along these matters.