States Meeting Transcript - 28th February 2023

STATES OF JERSEY OFFICIAL REPORT

TUESDAY, 28th FEBRUARY 2023

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

1.1 Welcome to His Excellency the Lieutenant Governor .................................... 9 QUESTIONS ......................................................................................... 9

2. Written Questions ........................................................................... 9

1. Deputy M.B. Andrews of St. Helier North of the Minister for Infrastructure regarding Active Card holders (WQ.37/2023) ........................................................ 9
2. Deputy G.P. Southern of St. Helier Central of the Minister for Social Security regarding reviewing the operation of zero-hours contracts in Jersey (WQ.38/2023) ............... 10
3. Deputy C.D . Curtis of St. Helier Central of the Minister for Children and Education regarding access to Les Quennevais School (WQ.39/2023).............................. 10
4. Deputy R.J. Ward of St. Helier Central of the Minister for Children and Education regarding registering Jersey-based teachers on to the cover staff list. (WQ.40/2023) ... 11
5. Deputy M.R. Scott of St. Brelade to the Chair of The States Employment Board regarding standards of ethical conduct in Government. (WQ.41/2023 ............................. 11
6. Deputy S.Y. Mézec of St. Helier South to the Chief Minister regarding the Financial Services portfolio. (WQ.42/2023) ........................................................ 12
7. Deputy M.B Andrews of St Helier North of the Chair of the States Employment Board regarding a breakdown of the payroll expenditure by ministerial department (WQ.43/2023) ............................................................................ 13
8. Deputy M.B Andrews of St Helier North of the Chair of the States Employment Board regarding payroll expenditure as a percentage of overall government expenditure (WQ.44/2023) ............................................................................ 17
9. Deputy M.B Andrews of St Helier North of the Chair of the States Employment Board regarding savings in payroll expenditure (WQ.45/2023 .................................. 17
10. Deputy R.J Ward of St Helier Central of the Minister for Economic Development, Tourism, Sport, and Culture regarding government funding for the Jersey Football Association (JFA) (WQ.46/2023) ........................................................ 17
11. Deputy R.J Ward of St Helier Central of the Chair of the States Employment Board regarding full time employees (FTE) in Broad Street (WQ.47.2023) .................... 18
12. Deputy R.J. Ward of St. Helier Central of the Chair of the States Employment Board regarding the timescale for all 2022 public sector pay awards being settled. (WQ.48/2023) ............................................................................ 19
13. Deputy G.P. Southern of St. Helier Central of the Minister for Social Security regarding the living wage (WQ.49.2023) ........................................................... 19
14. Deputy G.P. Southern of St. Helier Central of the Minister for Health and Social Services regarding g the various funding options' referred to in her response to Written Question 20/2023. (WQ.50/2023) .................................................................. 20

15. Deputy G.P. Southern of St. Helier Central of the Minister for Social Security regarding the Centre for Research in Social Policy (CRSP) at Loughborough University on Minimum Income Standards (WQ.51/2023) ............................................. 20
16. Deputy L.V Feltham of St Helier Central of the Chief Minister regarding new staff in the Ministerial Support Unit (WQ.52/2023) .................................................. 21
17. Deputy L.V Feltham of St Helier Central of the Chief Minister regarding Ministerial

travel (WQ.53.2023) ...................................................................... 22

18. Deputy L.V. Feltham of St. Helier Central of the Chief Minister regarding conflicts of interest during any meetings of the Council of Ministers (WQ.54.2023) ................ 22
19. Deputy M.R. Scott of St. Brelade of the Chief Minister regarding the Minister for External Relations and Financial Services (WQ.55/2023) ............................... 23
20. Deputy R.S. Kovacs of St. Saviour of the Minister for Infrastructure regarding the AquaSplash facility on the Waterfront (WQ.56.2023) ................................... 24
21. Deputy M.R. Scott of St. Brelade of the Chief Minister regarding a perceived disparity in the application of the principle of open justice by the Jersey judiciary (WQ.58.2023 ... 25
22. Deputy M.R. Scott of St. Brelade of the Minister for the Environment regarding conflicts of interest representing the Planning Committee (WQ.59/2023) ........................ 26
23. Deputy M.B. Andrews of St. Helier North of the Minister for Health and Social Services regarding the total number of medical appointments offered by her Department (WQ.60/2023) ............................................................................ 27
24. M.B. Andrews of St. Helier North of the Minister for Treasury and Resources regarding entities registered under the Zero/Ten' regime (WQ.61/2023) .......................... 29
25. Deputy M.B. Andrews of St. Helier North of the Chair of the States Employment Board regarding the current number of vacancies within each Government department (WQ.62/2023) ............................................................................ 30
26. Deputy M.R. Scott of St. Brelade of the Chair of the States Employment Board regarding a list of activities which could potentially lead to the dismissal of a public employee (WQ.63/2023) ............................................................................ 30
27. Connétable of St. Brelade of the Minister for the Environment regarding invasive extractor fan noise for residents of La Rue du Crocquet in St. Aubin (WQ.64/2023) ... 32
28. Deputy M.R. Le Hegarat of St. Helier North of the Minister for Home Affairs regarding Time off in Lieu in the States of Jersey Police (WQ.65/2023)........................... 32
29. Deputy G.P. Southern of St. Helier Central of the Minister for Health and Social Services regarding a report on the potential impact of the adoption of the terms and conditions contained in the Jersey Ethical Care Charter for Homecare (WQ.66/2023).............. 33
30. Deputy G.P. Southern of St. Helier Central of the Minister for the Environment regarding a report on the potential impact of the adoption of the terms and conditions contained in the Jersey Ethical Care Charter for Homecare (WQ.67/2023) ........................... 33
31. Deputy M.R. Scott of St. Brelade of the Minister for Economic Development, Tourism, Sport, and Culture regarding the direct involvement in planning applications of Ministers and officers of their departments (WQ.68/2023) ......................................... 34
32. Deputy M.R. Le Hegarat of St. Helier North of the Minister for Home Affairs regarding domestic violence incidents and rape allegations (WQ.69/2023) ........................ 35
33. M.R. Le Hegarat of St. Helier North of the Minister for Home Affairs Deputy regarding the States of Jersey Police, Fire and Rescue, Ambulance, Customs and Immigration and Prison services (WQ.70.2023) ............................................................ 36
34. Deputy M.R. Scott of St. Brelade of the Chair of the States Employment Board regarding the Probity standard to which the States Employment Board requires all public servants to adhere. (WQ.71/2023) ................................................................. 39
35. Deputy R.J. Ward of St. Helier Central of the Minister for Economic Development, Tourism, Sport and Culture regarding Jersey Sport (WQ.72/2023) ...................... 41

36. Deputy R.J. Ward of St. Helier Central of the Chief Minister regarding part CM P6' of the Chief Minister's published delivery plan (WQ.73/2023) ............................ 42
37. Deputy R.J. Ward of St. Helier Central of the Minister for Economic Development, Tourism, Sport, and Culture regarding section MEDTSC P7.1' of the Ministerial Delivery Plans relating to the Opera House (WQ.74/2023) .............................. 43
38. Deputy G.P. Southern of St. Helier Central of the Minister for Social Security regarding a review of the benefits system (WQ.75/2023) ............................................ 44
39. Deputy S.Y. Mézec of St. Helier South of the Minister for Housing and Communities regarding the Affordable Housing Gateway and the Assisted Purchase Pathway (WQ.76/2023) ............................................................................ 44
40. Deputy S.Y. Mézec of St. Helier South regarding of the Assistant Chief Minister projects that have existed for the purposes of implementing e-government (WQ.77/2023) ...... 45
41. Deputy S.Y. Mézec of St. Helier South of the Chief Minister regarding complaints by

civil servants about the conduct of Ministers or Assistant Ministers (WQ.78/2023) .... 46

42. Deputy L.V. Feltham of St. Helier Central of the Minister for Housing and Communities

regarding priorities in relation to their Communities' portfolio (WQ.79/2023) ........ 47

43. Deputy L.V. Feltham of St. Helier Central of the Chief Minister regarding Government of Jersey buildings and accessibility (WQ.80/2023)........................................ 47
44. Deputy L.V. Feltham of St. Helier Central of the Chief Minister regarding accessibility of Government services (WQ.81.2023) ..................................................... 51

3. Oral Questions ............................................................................. 55

1. Deputy S.Y. Mézec of St. Helier South of the Minister for Housing and Communities regarding legislation to enshrine a definition of homelessness in law (OQ.35/2023) .. 55

Deputy D. Warr of St. Helier South (The Minister for Housing and Communities): .......... 55

1. Deputy S.Y. Mézec : ...................................................................... 55
2. Deputy R.J. Ward of St. Helier Central : .................................................. 56
3. Deputy R.J. Ward : ........................................................................ 56
4. Deputy G.P. Southern of St. Helier Central :.............................................. 56
5. Deputy G.P. Southern : .................................................................... 57
6. Deputy C.S. Alves of St. Helier Central : ................................................. 57
7. Deputy C.S. Alves : ....................................................................... 58
8. Deputy S.Y. Mézec : ...................................................................... 58

2. Deputy L.V. Feltham of the Minister for Social Security regarding the evaluation of existing benefit areas (OQ.30/2023) ...................................................... 59

Deputy E. Millar of St. John , St. Lawrence and Trinity (The Minister for Social Security): .. 59

1. Deputy L.V. Feltham : .................................................................... 59
2. Deputy G.P. Southern : .................................................................... 59
3. Deputy G.P. Southern : .................................................................... 59
4. Deputy R.J. Ward : ........................................................................ 60
5. Deputy S.Y. Mézec : ...................................................................... 60
6. Deputy S.Y. Mézec : ...................................................................... 61
7. Deputy L.V. Feltham : .................................................................... 61

3. Deputy G.P. Southern of the Minister for Social Security regarding the measurement of relative poverty (OQ.32/2023) .......................................................... 62

Deputy E. Millar (The Minister for Social Security): .......................................... 62

1. Deputy G.P. Southern : .................................................................... 62
2. Deputy M.B. Andrews of St. Helier North : .............................................. 63

3. Deputy S.Y. Mézec : ...................................................................... 63
4. Deputy S.Y. Mézec : ...................................................................... 64
5. Deputy G.P. Southern : .................................................................... 64

3.4. Deputy M. Tadier of St. Brelade of the Minister for Home Affairs regarding the legal recognition given to Common Law Marriage (OQ.26/2023) ............................ 64

Deputy H. Jeune of St. John , St. Lawrence and Trinity (Assistant Minister for Home Affairs -

rapporteur): ............................................................................... 65

1. Deputy M. Tadier :........................................................................ 65
2. Connétable M.K. Jackson of St. Brelade : ................................................ 65
3. The Connétable of St. Brelade : ........................................................... 65
4. Deputy M. Tadier :........................................................................ 66

5. Deputy R.J. Ward of the Chief Minister regarding actions to address gender income inequality (OQ.28/2023) ................................................................... 66

Deputy K.L. Moore of St. Mary , St. Ouen and St. Peter (The Chief Minister): ................ 66

1. Deputy R.J. Ward : ........................................................................ 67
2. Deputy S.Y. Mézec : ...................................................................... 67
3. Deputy S.Y. Mézec : ...................................................................... 67
4. Deputy M.B. Andrews : ................................................................... 68
5. Deputy M.R. Scott of St. Brelade : ........................................................ 68
6. Deputy R.J. Ward : ........................................................................ 68

6. Connétable K. Shenton-Stone of St. Martin of the Minister for Home Affairs regarding the development and roll-out of the notification of domestic abusers (OQ.24/2023) ............................................................................... 69

Deputy L.M.C. Doublet of St. Saviour (Assistant Minister for Home Affairs - rapporteur): .. 69 3.7 Deputy M.R. Scott of the Minister for Health and Social Services regarding the employment of consultants and clinicians who had reached retirement age (OQ.34/2023) ............................................................................... 69

Deputy K. Wilson of St. Clement (The Minister for Health and Social Services): ............ 69 3.7.1 Deputy M.R. Scott : ....................................................................... 70

8. Deputy M.B. Andrews of the Minister for External Relations and Financial Services regarding the negotiation of tax and trade agreements (OQ.22/2023) ................. 70

Deputy K.L. Moore (The Chief Minister - rapporteur): ........................................ 70

1. Deputy S.Y. Mézec : ...................................................................... 70
2. Deputy S.Y. Mézec : ...................................................................... 70
3. Deputy R.J. Ward : ........................................................................ 71
4. Deputy R.J. Ward : ........................................................................ 71
5. Deputy M. Tadier :........................................................................ 71
6. Deputy M. Tadier :........................................................................ 72

9. Deputy R.J. Ward of the Minister for Health and Social Services regarding the reported shortages of HRT (Hormone Replacement Therapy) (OQ.29/2023) ........ 72

Deputy K. Wilson (The Minister for Health and Social Services):............................. 72 3.9.1 Deputy R.J. Ward : ........................................................................ 73

10. Deputy S.Y. Mézec of the Minister for Infrastructure regarding urban renewal work at Havre des Pas (OQ.36/2023)............................................................ 73

Deputy T. Binet of St. Saviour (The Minister for Infrastructure): .............................. 73

1. Deputy S.Y. Mézec : ................................................................... 73
2. Connétable A.S. Crowcroft of St. Helier : ............................................. 74

11. The Connétable of St. Martin of the Minister for Home Affairs regarding the Taskforce on Gender-Based Violence (OQ.25/2023) .................................... 74

Deputy L.M.C. Doublet (Assistant Minister for Home Affairs - rapporteur): .................. 74 3.12 Deputy M. Tadier of the Chair of the States Employment Board regarding the provision of electric pool cars to Government employees (OQ.27/2023)............... 75

Connétable A.N. Jehan of St. John (Vice-Chair, States Employment Board - rapporteur): .... 75 3.12.1 Deputy M. Tadier : ..................................................................... 75

13. Deputy M.B. Andrews of the Minister for Economic Development, Tourism, Sport and Culture regarding the Marine Sector Support Scheme (OQ.23/2023)............ 76

Deputy K.F. Morel of St. John , St. Lawrence and Trinity (The Minister for Economic

Development, Tourism, Sport and Culture): ............................................. 76

1. Deputy M.B. Andrews : ................................................................ 76
2. Deputy S.G. Luce of Grouville and St. Martin : ....................................... 76
3. Deputy L.V. Feltham :.................................................................. 76
4. Deputy L.V. Feltham :.................................................................. 77

14. Deputy L.V. Feltham of the Minister for Infrastructure regarding access to swimming facilities in Town (OQ.31/2023) ........................................................... 77

Deputy L. Stephenson of St. Mary , St. Ouen and St. Peter (Assistant Minister for Infrastructure

- rapporteur): .............................................................................. 77

3.14.1 Deputy L.V. Feltham :.................................................................. 78

15. Deputy G.P. Southern of the Minister for Health and Social Services regarding the implementation of the Jersey Ethical Care Charter (OQ.33/2023) .................... 78

Deputy K. Wilson (The Minister for Health and Social Services):............................. 78 3.15.1 Deputy G.P. Southern : ................................................................ 78

4. Questions to Ministers without notice - The Minister for Housing and Communities 79

1. Deputy S.Y. Mézec : ...................................................................... 79 Deputy D. Warr (The Minister for Housing and Communities): ............................... 79

1. Deputy S.Y. Mézec : ...................................................................... 79
   2. Deputy T.A. Coles of St. Helier South : .................................................. 79

4.2.1 Deputy T.A. Coles : ....................................................................... 80

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

4.3.1 The Connétable of St. Brelade : ........................................................... 80

4. Deputy R.J. Ward : ........................................................................ 81

4.4.1 Deputy R.J. Ward : ........................................................................ 81

5. Deputy L.V. Feltham : .................................................................... 82

4.5.1 Deputy L.V. Feltham : .................................................................... 82

6. The Connétable of St. Helier : ............................................................ 82

5. Questions to Ministers without notice - The Minister for International Development83

1. Deputy S.G. Luce : ........................................................................ 83 Deputy C.F. Labey of Grouville and St. Martin (The Minister for International Development): ............................................................................................ 83

1. Deputy S.G. Luce : ........................................................................ 83
   2. Deputy M.B. Andrews : ................................................................... 84

3. Deputy S.Y. Mézec : ...................................................................... 84

5.3.1 Deputy S.Y. Mézec : ...................................................................... 84

4. Deputy M.R. Scott : ....................................................................... 84

5.4.1 Deputy M.R. Scott : ....................................................................... 85

5. Deputy C.D . Curtis of St. Helier Central : ................................................ 85
6. Deputy R.S. Kovacs of St. Saviour :...................................................... 85

5.6.1 Deputy R.S. Kovacs : ...................................................................... 86

7. Deputy B. Ward of St. Clement : .......................................................... 86

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

1. Deputy C.D . Curtis : ...................................................................... 87 Deputy K.L. Moore (The Chief Minister): ...................................................... 87

1. Deputy C.D . Curtis : ...................................................................... 87
   2. Deputy T.A. Coles : ....................................................................... 88

6.2.1 Deputy T.A. Coles : ....................................................................... 88

3. Deputy L.V. Feltham : .................................................................... 88

6.3.1 Deputy L.V. Feltham : .................................................................... 89

4. The Connétable of St. Helier : ............................................................ 89

6.4.1 The Connétable of St. Helier : ............................................................ 89

5. Deputy M.B. Andrews : ................................................................... 90
6. Deputy R.J. Ward : ........................................................................ 90

6.6.1 Deputy R.J. Ward : ........................................................................ 90

7. Deputy S.Y. Mézec : ...................................................................... 90

6.7.1 Deputy S.Y. Mézec : ...................................................................... 91

STATEMENTS ON MATTERS OF OFFICIAL RESPONSIBILITY ......................... 92

7. The Minister for Infrastructure regarding an update on the New Healthcare Facilities project ...................................................................................... 92

7.1 Deputy T. Binet (The Minister for Infrastructure): ....................................... 92

1. Deputy M. Tadier :........................................................................ 93
2. Deputy M. Tadier :........................................................................ 94
3. Deputy L.J. Farnham : .................................................................... 94
4. The Connétable of St. Helier : ............................................................ 95
5. Deputy R.J. Ward : ........................................................................ 95
6. Deputy R.J. Ward : ........................................................................ 95
7. Deputy S.Y. Mézec : ...................................................................... 96
8. Deputy S.Y. Mézec : ...................................................................... 96
9. The Connétable of St. Brelade : ........................................................... 97
10. Deputy M.R. Scott :.................................................................... 97
11. Deputy L.J. Farnham : .................................................................. 97
12. Deputy L.J. Farnham : .................................................................. 98
13. Deputy R.J. Ward : ..................................................................... 99
14. Deputy R.J. Ward : ..................................................................... 99
15. The Connétable of St. Clement : ....................................................... 99
16. The Connétable of St. Clement : ...................................................... 100
17. Deputy G.P. Southern : ............................................................... 100
18. Deputy G.P. Southern : ............................................................... 100
19. Deputy L.V. Feltham :................................................................ 100
20. Deputy L.V. Feltham :................................................................ 100
21. Deputy T.A. Coles :................................................................... 101

22. Deputy T.A. Coles :................................................................... 101
23. Deputy L.J. Farnham : ................................................................ 101
24. Deputy L.J. Farnham : ................................................................ 101
25. Deputy M.R. Le Hegarat of St. Helier North : ........................................ 101
26. Deputy M.R. Le Hegarat : ............................................................ 102
27. Deputy M. Tadier : .................................................................... 102
28. Deputy M. Tadier : .................................................................... 102
29. The Connétable of St. Clement : ...................................................... 102
30. Deputy L.J. Farnham : ................................................................ 103
31. Deputy L.J. Farnham : ................................................................ 103

8. The Minister for Treasury and Resources regarding a complaint relating to the calculation of pension entitlements from the Public Employees' Pension Fund ..... 104

8.1 Deputy I.J. Gorst of St. Mary , St. Ouen and St. Peter (The Minister for Treasury and Resources):.............................................................................. 104

LUNCHEON ADJOURNMENT PROPOSED .................................................. 105 LUNCHEON ADJOURNMENT ................................................................. 105 PUBLIC BUSINESS .............................................................................. 106

9. Reduction of Lodging Period ............................................................ 106

9.1 Deputy P.M. Bailhache of St. Clement :................................................. 106

10. Vote of No Confidence: Chair of the Health and Social Security Scrutiny Panel (P.7/2023) .................................................................................. 106

10.1 Deputy P.M. Bailhache : ................................................................. 106

1. Deputy G.P. Southern : ............................................................... 108
2. Deputy I. Gardiner of St. Helier North : .............................................. 112
3. Deputy L.M.C. Doublet : ............................................................. 112
4. Deputy R.J. Ward : .................................................................... 114
5. Connétable K.C. Lewis of St. Saviour : .............................................. 116
6. Deputy M.R. Le Hegarat : ............................................................ 116
7. Deputy B. Ward : ..................................................................... 116
8. Deputy B. Porée of St. Helier South : ................................................ 118
9. The Connétable of St. Martin : ........................................................ 119
10. The Connétable of St. Clement : ................................................... 121
11. Deputy A. Howell : ................................................................ 122
12. Deputy M.R. Scott : ................................................................ 122
13. Connétable D. Johnson of St. Mary : .............................................. 124
14. Deputy T. Binet : ................................................................... 125
15. The Connétable of St. Brelade : .................................................... 126
16. Deputy M.B. Andrews : ............................................................ 127
17. Deputy T.A. Coles : ................................................................ 129 Deputy C.F. Labey : ............................................................................ 130
18. Deputy C.F. Labey : ................................................................ 134
19. Deputy L.J. Farnham :.............................................................. 134 Deputy K.F. Morel : ............................................................................ 134
20. Deputy I.J. Gorst : .................................................................. 135
21. Deputy S.G. Luce : ................................................................. 137
22. Deputy S.Y. Mézec : ............................................................... 138
23. Deputy M. Tadier : ................................................................. 140

ADJOURNMENT ................................................................................. 145

[9:41]

The Roll was called and the Dean led the Assembly in Prayer. [9:45]

COMMUNICATIONS BY THE PRESIDING OFFICER The Bailiff : 1.1  Welcome to His Excellency the Lieutenant Governor

On behalf of Members I would like, of course, to welcome His Excellency the Lieutenant Governor to the Chamber this morning. [Approbation]

QUESTIONS

2.  Written Questions

1. Deputy M.B. Andrews of St. Helier North of the Minister for Infrastructure regarding Active Card holders (WQ.37/2023)

Question

Will the Minister advise the number of Active Card holders broken down annually for each of the past five years; and will he further advise for each of these years the budget surplus or deficit of Active Jersey?

Answer

The number of Active Card holders broken down annually for each of the past five years is as follows:

• 2018 – 6986 (includes 1312 free users)

• 2019 – 6028 (includes 1252 free users)

• 2020 – no data available due to Covid disruptions.

• 2021 – 4090 (includes 690 free users)

• 2022 – 4376 (includes 848 free users)

Membership figures fluctuate throughout the year, with the peak in January and lows in December. As an average, figures have been taken from the records for May of each year.  

Free users are mostly made up of the "free child" benefit of full Active membership, along with some long-standing complimentary membership arrangements i.e. Probation; Care Leavers etc.

Active membership is one income stream for the Sport Division and does not have a separate expenditure budget. Resources and facilities are shared across functions of the division, it is therefore not possible to provide the budget surplus or deficit that specifically relates to the Active membership.

2. Deputy G.P. Southern of St. Helier Central of the Minister for Social Security regarding reviewing the operation of zero-hours contracts in Jersey (WQ.38/2023)

Question

Will the Minister outline what progress, if any, has been made in reviewing the operation of zero- hours contracts in Jersey, and state whether she intends to bring forward for debate any necessary legislation (indicating, if so, the relevant timeframe for such legislation) to fulfil the requests made by the Assembly through the adoption of Regulation of Zero-Hours Contracts' (P.32/2021), as amended, in particular –

1. the prevention of employers requiring zero-hour workers to always be available for work;
2. a right for zero-hour workers to a reasonable notice of work schedule;
3. a right to switch to a contract which reflects the normal hours worked; and,
4. a right for zero-hour workers to receive compensation for shift cancellation or curtailment without reasonable notice?

Answer

The Employment Forum, an independent statutory body, is continuing its work into the operation of Zero Hours' Contracts and associated labour protections in Jersey, taking into account the criteria set out with the agreement of the Assembly in P.32/2021. As set out in my Ministerial Delivery Plan, the timeframe for the Forum to complete its work is by the end of Q1 2023. I will then consider the Forum's findings, including any recommendations for legislative action. At this stage it would not be appropriate to speculate on the results of the Forum's work in relation to any of the criteria set out in P.32/2021.

3. Deputy C.D . Curtis of St. Helier Central of the Minister for Children and Education regarding access to Les Quennevais School (WQ.39/2023)

Question

Will the Minister advise whether access to Les Quennevais School cannot be securely maintained due to there being no gate and there being an insufficient door entry system; and will she further indicate whether there are any consequential safeguarding issues that need to be rectified urgently?

Answer

I thank the Deputy for bringing this to my attention. I was not aware of any insufficiency in the door entry system at Les Quennevais School, nor have I been made aware of any urgent safeguarding issues as a consequence.

There are a wide range of site security options deployed across the school estate and the specifics of each site often present their own unique challenges in this respect. My department take site security and safeguarding very seriously, and significant investment has been made in recent years to improve this across the school estate.

I have asked CYPES officers to liaise with the school and Jersey Property Holdings to fully understand any issues at Les Quennevais School and, if appropriate, to develop a costed plan and timeline for resolution.

4. Deputy R.J. Ward of St. Helier Central of the Minister for Children and Education regarding registering Jersey-based teachers on to the cover staff list. (WQ.40/2023)

Question

Will the Minister state how long it currently takes to register Jersey-based teachers on to the cover staff list for Jersey schools; and will she explain how this process works?

Answer

There is a clear policy in place to ensure safer recruitment practice is adhered to. Timescales vary according to the circumstances of the applicant.

 The School Improvement and Advisory Service and People Services have been looking at ways to expedite the process and have recently implemented the following changes.

If a teacher currently working in a Government of Jersey school requests to join the supply list, they complete a simple form containing relevant information e.g. what subject they teach, age range and availability, a zero-hour contract can be issued by People Hub and they can start work.

If a Jersey teacher is returning to the Island, they must complete an application, provide proof of their qualified teacher status, contact details of two referees and obtain a Disclosure and Barring Services (DBS) check. Delays can happen if an applicant has been working abroad as different jurisdictions need to be contacted as part of an overseas police check. Please note, DBS timescales can vary and are not within our control.

5. Deputy M.R. Scott of St. Brelade to the Chair of The States Employment Board regarding standards of ethical conduct in Government. (WQ.41/2023)

Question

Further to the response to Written Question 3/2023, regarding standards of ethical conduct in Government, will the Chair –

1. provide the definition of "accountability" used in drafting the response; and
2. advise what specific activities are totally prohibited and would lead to the dismissal of a public sector employee and state whether any of the following are included in such prohibited activities –

1. lying;
2. violence;
3. threats;
4. abusive behaviour;
5. offering promotions or advancing applications for paid public positions in return for sexual or other favours;
6. accepting bribes or payment from any third party, outside of the acceptable gifts and hospitality policy;
7. ignoring Conflicts of Interest;

(viii) engaging in retaliatory actions against any citizen or any other public employee;

9. discriminatory behaviour based on a person's age, gender, religion, race, disability status, sexual orientation, family relations;
10. failing to keep safe the data of citizens or sharing that data without consent in breach of legal obligations;

11. breaching confidentiality; and
12. failing to undergo training in ethical standards during every year of employment within the public sector or to meet a target number of hours of training or to pass independent testing on ethical standards?

Answer

1. In terms of a definition of accountability within the public service, all employees must take accountability for their own conduct, behaviours, and work, ensuring they:

• adhere to the values and behaviours framework
• take responsibility completing all mandatory training
• take responsibility for raising at early stages, concerns about their ability to undertake their work effectively or meet standards
• respond to reasonable management requests and directions
• use and comply with the formal policies and procedures issued on behalf of the States Employment Board
• meet their contractual obligations in line with employment legislation
• keep up to date with standards set by professional bodies and regulators
• complete their induction to their role
• participate in and contribute towards their annual appraisal/performance review
• disclose to their line manager or through corporate systems anything that may impact on their role at work, including external issues such as legal action against them, investigations, convictions, or conflicts of interest.

Accountability is embedded within each policy to ensure each public servant referenced is clearly accountable and responsible for their performance in a specific area. The States Employment Board requires all public servants to be well led, effectively managed, and adequately skilled to undertake their duties efficiently and to a good standard.

2. The original response still applies in respect of how these would be handled under the policy and procedure, and the disciplinary rules would apply. However, in the list provided all may be considered as gross misconduct, for which dismissal is a potential outcome. This is subject to the severity of the incident and impact on the public service.

6. Deputy S.Y. Mézec of St. Helier South to the Chief Minister regarding the Financial Services portfolio. (WQ.42/2023)

Question

Further to her statement on 6th February 2023 regarding the Financial Services portfolio, in which she referred to a letter received from the Minister for External Relations and Financial Services, will the Chief Minister publish this letter in full and, if not, why not?

Answer

My exchange of correspondence with Deputy Ozouf was sent to all States Members and the media on 6th February 2023.

7. Deputy M.B Andrews of St Helier North of the Chair of the States Employment Board regarding  a  breakdown  of  the  payroll  expenditure  by  ministerial  department (WQ.43/2023)

Question

Will the Chair provide a breakdown of the payroll expenditure by ministerial department for each year since 2017 to date?

Answer

Please find extracts from the Annual Report and Accounts which provide a breakdown of the payroll expenditure by ministerial department for the years 2018 – 2021 including a column to show the breakdown of the total payroll expenditure as a percentage of overall government expenditure (as requested in WQ.44/2023). Links are provided below to the original Annual Report and Account documents from which the presented information has been taken.

2021 Annual Report & Accounts - See Page 276-277

2020 Annual Report & Accounts - See Page 210

2019 Annual Report & Accounts - See Page 150-151 (this also holds the 2018 data)

Note: Data for 2022 is currently under review and audit ahead of its publication as part of the 2022 Annual Report and Account and States Employment Board annual report.

Note: With agreement from Deputy Andrews data for 2017 has not been provided due to the requirement to source additional data not previously reported.

8. Deputy M.B Andrews of St Helier North of the Chair of the States Employment Board regarding payroll expenditure as a percentage of overall government expenditure (WQ.44/2023)

Question

Will the Chair provide government payroll expenditure as a percentage of overall government expenditure for each year since 2017 to date?

Answer

The information requested by Deputy Andrews in this question has been provided as part of the response to WQ.43/2023.

9. Deputy M.B Andrews of St Helier North of the Chair of the States Employment Board regarding savings in payroll expenditure (WQ.45/2023)

Question

Further to the response to Written Question 14/2023 and the increase in the States of Jersey headcount from 1,015 since 2018, will the Chair advise whether savings in payroll expenditure will be made in future Government Plans across this term of office?

Answer

Our focus is supporting and investing in the delivery of frontline services. These services must be efficient and deliver value for taxpayers, which means a close eye must be maintained on overall headcount.

Ministers do not necessarily consider that future Government Plans will result in either a reduction in headcount and/or a reduction in payroll expenditure. The two are also not interlinked – headcount could be reduced whilst overall payroll expenditure increases (for example, due to pay awards), or vice-versa.

Ministers recognise, however, that in respect of headcount, the public service cannot continue to employ more people every year at the rate seen since 2018. Numbers need to be stabilised, and growth in some areas will need to be balanced with savings elsewhere, which is work the Government is currently undertaking through its Value for Money Review.

10. Deputy R.J Ward of St Helier Central of the Minister for Economic Development, Tourism, Sport, and Culture regarding government funding for the Jersey Football Association (JFA) (WQ.46/2023)

Question

Will the Minister detail the current level of Government funding for the Jersey Football Association (JFA) and advise what, if any, charges the JFA incur when using Government owned facilities?

Answer

The Jersey Football Association (JFA) does not receive any repeat or annualised grant funding directly from Government but has received targeted funding for training and safeguarding in recent years. The JFA receives annual grant funding through Jersey Sport for community football coaches and is also eligible to apply for travel grants through the annual application process.

The JFA utilises a number of football pitches at various Government run locations (including amongst others; Oakfield, Les Quennevais, FB Fields, Springfield) to deliver its development programmes, holiday courses and league fixtures. The JFA is charged accordingly for this.

The Commercial rate per hour for example to hire Springfield's 3G pitch is £93.30. The JFA and its affiliated clubs pay a "club rate" of £82.00 per hour. If bookings involve juniors (i.e. those under 18), then the rate is halved.

The JFA also leases office space on the 2nd floor at Springfield Stadium for which it is also charged.

11. Deputy R.J Ward of St Helier Central of the Chair of the States Employment Board regarding full time employees (FTE) in Broad Street (WQ.47.2023)

Question

Will the Chair provide the number of current full-time employee's (FTE) in Broad Street, broken down per Ministerial department, with a comparison of the number of FTEs in those departments as of February 2022, and including the Communications Team as a separate line of information?

Answer

Table 1 shows the breakdown of the FTE and Actual Headcount for the departments with posts identified as being primarily based in Broad Street between 14th April 2022 and 14th April 2023. The majority of staff based in Broad Street are able to work from alternate office locations or from home.

Table 1 – Comparison between posts based in departments within Broad Street between 14th February 2022 and 14th February 2023.

Specifically for the Communications Team there were 36 employees (34.6 FTE) in 2023 and 35 (33.0 FTE) in 2022. Given the nature of their role, members of the communications team are based both in the Broad Street office, the Studio at 28-31 The Parade, and in their allocated Departments, as required.

12. Deputy R.J. Ward of St. Helier Central of the Chair of the States Employment Board regarding the timescale for all 2022 public sector pay awards being settled. (WQ.48/2023)

Question

Will the Chair provide the timescale for all 2022 public sector pay awards being settled and allocated to staff?

Answer

To date five pay groups have accepted the 7.9% pay offer for 2023. They are:

- Civil Servants;

- Police;

- Prison;

- Doctors and Consultants; and

- Manual Workers

Civil Servants, Police, Prison, and Doctors and Consultants received their pay uplift in January 2023. Manual Worker Staff will receive their uplift in their March salary, backdated to 1st January 2023.

The Nurses and Midwives ballot will close in the week commencing 20th February. A formal pay offer has been given to the Jersey Fire and Rescue Service Association. Pay talks are continuing with school leaders' unions and teachers' unions.

13. Deputy G.P. Southern of St. Helier Central of the Minister for Social Security regarding the living wage (WQ.49.2023)

Question

Following the debate of  P.78/2022 the Council of Ministers agreed a sum of £30,000 in the Government Plan 2023 to 2026 to evaluate the technical aspects of the different options to deliver the living wage; will the Minister advise what progress, if any, has been made in developing these options?

Answer

Work on investigating the feasibility of devising a scheme to be brought to the States to convert the Minimum Wage over time to a Living Wage in Jersey will commence shortly and will continue through 2023, as set out in the agreement of the Assembly to P.78/2022. Funds allocated in the Government Plan 2023 – 2026 will be drawn down as and when required to support that work.

14. Deputy G.P. Southern of St. Helier Central of the Minister for Health and Social Services regarding g the various funding options' referred to in her response to Written Question 20/2023. (WQ.50/2023)

Question

Will the Minister outline what the "various funding options" referred to in her response to Written Question 20/2023 are and will she further confirm what expenditure, if any, there had been on the planned questionnaire by the Government of Jersey before the decision was made to change direction?

Answer

The "various funding options" on which all stakeholders will be consulted, including members of the public, are currently in development. Subject to ministerial review, we envisage publishing them for consultation in Autumn 2023.

As set out in my answer to WQ.20/2023, I decided not to proceed with the planned survey which was originally intended to be sent to approximately 3,500 households in Jersey. I did so on the basis of advice received about the potential complexity of the survey. I am, however, considering other options for understanding more about the broad public attitudes to health care funding. I will provide this information to Health and Social Security Scrutiny Panel, once I have determined how to proceed.

Approximately £7,200 was spent on the survey work which included testing the proposed questions with focus groups. The focus group work will inform any future attitudinal survey work that is undertaken.

15. Deputy G.P. Southern of St. Helier Central of the Minister for Social Security regarding the Centre for Research in Social Policy (CRSP) at Loughborough University on Minimum Income Standards (WQ.51/2023)

Question

Will the Minister outline what attention, if any, has been given to the work of the Centre for Research in Social Policy (CRSP) at Loughborough on Minimum Income Standards (MIS) during her department's research into the minimum and living wage; and will she further advise why no MIS exist for Jersey, through which we could evaluate poverty levels in the Island, when Guernsey, Isle of Man, United Kingdom, Inner and Outer London all have this data?

Answer

A report prepared for the Jersey Government in May 2015 set out a detailed assessment of options for calculating a living wage, including the adoption of Minimum Income Standards. The report references in detail the work of the CRSP and the Joseph Rowntree Trust.

Last year the States Assembly agreed amended wording to P.78/2022 requesting action from the Minister for Social Security as follows:

"all investigations including consultation and engagement with the Employment Forum in relation to the feasibility of devising a scheme to be brought to the States to convert the Minimum Wage over time to a Living Wage, including any legislative changes that may be necessary, be completed and presented to the States Assembly by end of December 2023"

This work is included in the workplan of the Minister for 2023 and will commence shortly. The work will include a review of the previous report on living wage issues as well as gathering current information from neighbouring jurisdictions. The work will include an evaluation of the potential benefits of setting up and maintaining an MIS for Jersey for the purposes of setting a living wage.

The Centre for Research in Social Policy at Loughborough University produces an annual report on its calculation on a Minimum Income Standard for the UK in conjunction with the Joseph Rowntree Foundation. The MIS does not set or evaluate poverty levels.

Information on relative low income levels in Jersey is provided through the latest Household Income Survey published in August 2022.

16. Deputy L.V Feltham of St Helier Central of the Chief Minister regarding new staff in the Ministerial Support Unit (WQ.52/2023)

Question

Will the Chief Minister advise how many new staff have been appointed within the Ministerial Office since she took office, including details of –

1. their role;
2. whether it was a new, existing or changed position;
3. the job grade; and
4. the recruitment process followed?

Answer

Since the formation of the current government, three members of staff have been appointed as Government of Jersey Employees. They work as Research and Administration Officers, providing mainly administrative services around diary and correspondence management, at civil service Grade 8. These appointments filled existent vacant positions, replacing staff with the same Job Description. They were subject to a recruitment process that included open advertisement and an interview panel.

In addition, one individual has been engaged as a temporary member of staff providing leave and vacancy cover via an agency. These arrangements are designed to be short term in nature.

A recruitment exercise is underway to appoint additional Research and Administration Officers filling existent vacant positions, and which will also be subject to panel interview. The labour market is currently challenging, including for administrative staff, and these vacancies have been openly advertised for some time to ensure a reasonable field of candidates.

Given this question relates to individuals, care has been taken in the drafting of this response to limit identifying them, especially given their civil service grade, while still providing a full answer to the question.

17. Deputy L.V Feltham of St Helier Central of the Chief Minister regarding Ministerial travel (WQ.53.2023)

Question

Will the Chief Minister provide details of all Ministerial travel, and the associated expenses (including those of any accompanying staff), since she took office, including the purpose, length, and outcomes of each visit?

Answer

Yes. It is important to deliver transparency around costs, and a report will be produced by this government at six monthly intervals providing a breakdown of ministerial travel costs, with the first report due to be published before 31March 2023

18. Deputy L.V. Feltham of St. Helier Central of the Chief Minister regarding conflicts of interest during any meetings of the Council of Ministers (WQ.54.2023)

Question

Will the Chief Minister advise whether Ministers have declared any actual, potential, or perceived conflicts of interest during any meetings of the Council of Ministers; and if any conflicts of interest have been declared, how they were managed?

Answer

Ministers have made declarations at the Council of Ministers where they consider an actual or perceived conflict of interest may exist, with each Council of Minister's agenda having a designated time slot at the start of the meeting for that to be done.

The treatment of that declaration depends on its nature, with the course of action either being for the Minister to remove themselves from the meeting or, having made the declaration, to remain in the meeting. It is a decision for the Chief Minister and the declaring Minister, in each instance, to determine how they wish to proceed.

The addition of a dedicated slot at the start of meetings is a new development for this Government, seeking to introduce more formality into the process of making declarations.

In addition, the Code of Conduct and Practice for Minsters and Assistant Ministers was updated by this Government in 2022, including expanding the provisions to deliver more clarity and advice to identify and manage conflicts. The latest provisions being as below.

Naturally, all areas of governance are maintained under review.

"4. Avoiding Conflict of Interest

Ministers and Assistant Ministers must identify and actively address any actual or perceived conflict of interest between their ministerial responsibilities and their private interests, or any other public role they hold, including their role as a constituency representative, ensuring that any conflict does not compromise their judgement, the conduct of government, or place themselves under an improper obligation.

Where a conflict or perceived conflict relates to the Minister's portfolio, the Minister or Assistant Ministers should be guided by the general principle that they should either dispose of the interest giving rise to the conflict, or take alternative steps to manage the conflict, which can include transferring a ministerial responsibility to another Minister, or in relation to a more minor matter, a delegation to an Assistant Minister. In some cases, it may not be possible to devise a mechanism to avoid such an actual or perceived conflict of interest, for example, due to the significance and nature of the conflict, and in any such case, the Chief Minister must be consulted, and it may be necessary for the Minister to cease to hold ministerial office.

Where the conflict relates to a matter outside of a Minister's area of responsibility, but the Minister or Assistant Minister is part of a wider discussion at the Council of Ministers, or in other ministerial meetings, they should declare this at the earliest opportunity, the declaration should be recorded, and the Minister or Assistant Minister would generally be asked to recuse themselves from any discussions.

In considering the above, the extent of the conflict, whether it is a conflict generally held by many people, and how direct or substantial it is to the interests of the Minister or Assistant Minister, should be considered.

A perceived conflict of interest should generally be treated as seriously as an actual conflict, and Ministers are expected to err on the side of caution in the wider interests of the government and maintaining public confidence."

19. Deputy M.R. Scott of St. Brelade of the Chief Minister regarding the Ministerfor External Relations and Financial Services (WQ.55/2023)

Question

Will the Chief Minister advise –

1. what proportion of the Minister for External Relations and Financial Services' work relates to promoting, protecting or otherwise representing the Island in finance industry matters in his ongoing External Relations portfolio;
2. with respect to her press statement dated 6th February 2023 regarding her objective of restoring trust and confidence in Government and the standards to which she holds Ministers, what distinction she has made in supporting the Minister for External Relations and Financial Services in continuation of his role in External Relations whilst applying these standards to his Financial Services portfolio, and what consideration she has given to a possibility that this could demonstrate a lack of consistency in application of the said standards;
3. any risk assessment and industry consultation she has undertaken with respect to this support; and
4. whether she or any other member of the Council of Ministers has received any communications from the public (including current and former members of the finance industry) expressing concern regarding the continuation of the Minister of External Relations and Financial Services in the role of Minister for External Relations and, if so, how many?

Answer

1. The Minister for External Relations, working concurrently with the Chief Minister, is responsible for conducting Jersey's external relations in accordance with the common policy agreed by the Council of Ministers. This includes serving Jersey's best economic interests by promoting a strong, diversified and internationally-connected economy, safeguarding our competitive position as a platform for global business and promoting growth through trade and investment.

In the course of the Minister's ongoing engagements, which also include a wide diplomatic remit, it is not possible to specify with accuracy the proportion of work that will relate specifically to promoting, protecting or otherwise representing the Island in finance industry matters. In doing so, however, the Minister will continue to work concurrently with the Chief Minister, and closely with Deputies Millar and Gorst , with regard to financial services.

2. Recent reports regarding the administration of Deputy Ozouf 's personal affairs required a proportionate response. I consider that the transfer of responsibility for financial services and allowing Deputy Ozouf more time to focus on his work as External Relations Minister, where there is an ongoing and significant agenda, met this requirement.
3. Ministers and Assistant Ministers engage and consult with industry as part ofour everyday roles, and that knowledge and experience helps inform decisions on an ongoing basis, including political ones relating to the allocation of ministerial portfolios.
4. This issue attracted considerable public attention, and I have received communications from the public, both verbal and written, expressing a range of views regarding this issue.

20. Deputy R.S. Kovacs of St. Saviour of the Minister for Infrastructure regarding the AquaSplash facility on the Waterfront (WQ.56.2023)

Question

Further to Written Question 208/2022 regarding the AquaSplash facility on the Waterfront, will the Minister advise:

1. the amount paid to the operator each year since the start of the contract in 2003;
2. how much will be paid annually in the new contract from July 2023;
3. what will be the duration of the new contract from July 2023 and detail any provisions for further increases (e.g., inflation); and
4. who negotiated the new contract and when?

Answer

a)  The Government does not hold information on how much Serco has paid towards the operation of the facility. However, Serco are paid an annual management fee to run the pool. This management fee payable to Serco is performance based and index linked.

The maximum Government of Jersey subsidy is inclusive of any management fee payable to the contractor and the amount of management fee is determined by the extent to which the contractor's annual financial deficit is less than the Government of Jersey subsidy fixed for that year.

Administrative responsibility for the AquaSplash leisure pool was transferred to the Education, Sport and Culture Department in 2009. The annual grant paid to Serco for the operation of the Waterfront Pool was as follows:  

• 2010 - £470,000
• 2011 - £477,000

• 2012 - £484,000
• 2013 - £492,000
• 2014 - £500,000
• 2015 - £401,000
• 2016 - £500,000
• 2017 - £393,000
• 2018 - £468,000
• 2019 - £425,000
• 2020 - £583,000
• 2021 - £414,000
• 2022 - *

*Awaiting publication of the States of Jersey annual report and accounts 2022

1. The contract is still being negotiated and drafted for post July 2023 so we are not yet able to present final figures
2. Same as previous answer
3. Same as previous answer

21. Deputy M.R. Scott of St. Brelade of the Chief Minister regarding a perceived disparity in the application of the principle of open justice by the Jersey judiciary (WQ.58.2023)

Question

Following  concerns raised recently by the local media regarding a perceived disparity in the application of the principle of open justice by the Jersey judiciary compared with the judiciary in England and Wales:

1. what action, if any, will the Chief Minister be taking to ensure the principle of open justice receives statutory recognition in Jersey?
2. is consideration being given to aligning the practice of Jersey courts more closely with the guidance issued by the Lord Chief Justice of England and Wales to the judiciary of England and Wales and related media law in that jurisdiction; and
3. does the Chief Minister support the implementation of measures that reflect the recommendations in the Justice Committee of England and Wales' Report on Open Justice and Court Reporting in the Digital Age?

Answer

The concept of Open Justice, and the right of citizens to know as much as possible about the operation of the courts, is a fundamental part of an effective and credible justice system. The European Court of Human Rights has set out that public trials are a fundamental principle enshrined by Article 6, with the transparent administration of justice contributing to the right to a fair trial[1].

Conversely, as the UK's Law Commission has recently highlighted in its report on open justice, "the principle of open justice has, however, never been absolute"[2]. Courts also have a responsibility to victims, vulnerable parties and some defendants to maintain the confidentiality of some proceedings.

The underlying principle in Jersey, as in the UK, is that proceedings should be open unless there is a pressing reason for them to be held in private. However, it is open to judges in the UK to hear matters in private where it is deemed necessary.

1. It would be an unusual step for Jersey to address this issue by statute. In the UK, as in Jersey, there is an expectation that the courts will be responsible for managing their own processes in these areas. Allowing the courts to proceed in private where necessary means that a decision can be taken in light of the particular circumstances of each case.
2. The practice of Jersey courts' is not within the gift of the executive to manage. The right of the courts to manage their own process is a fundamental component of their independence, and independent courts are a necessary check on the power of government.
3. The recommendations of the Justice Committee are wide ranging and concern court reporting rules, remote observation of court cases, open days, case law recording and more. Those recommendations are made against the backdrop of a different system of justice, administered by a different structure of courts. There is always room for improvement in processes, but it would not be either appropriate or effective to import a set of recommendations made in a different context.

22. Deputy M.R. Scott of St. Brelade of the Minister for the Environment regarding conflicts of interest representing the Planning Committee (WQ.59/2023)

Question

Has the Minister considered that in situations where the Planning Committee has decided to refuse a planning application against officer advice, there is a conflict of interest for the Director of Planning or any senior planning officer to represent the Planning Committee in an appeal against the decision; and if so, will he explain what action he proposes to take to resolve that conflict, and if not, will he explain why?

Answer

Senior Planning Officers in the Regulation Directorate, the Head of Development and Land, and the Group Director of Regulation are Chartered planning professionals and adhere to the ethical and professional standards for their various institutions. Most notably, the Royal Town Planning Institute (RTPI) of the UK. The RTPI guidance on the ethical and professional standards is published on its website: https://www.rtpi.org.uk/media/2836/ethics_update_2017.pdf

In this document, the RTPI defines a conflict of interest occurs when personal or other interests affect a planner's ability to exercise independent professional judgment, and which can call into question their professional integrity. The RTPI considers that such conflicts may arise at any time and RTPI members should be alert to situations where potential conflicts could occur and declare an interest to their employer as soon as they become aware of one.

The Regulation Directorate of Infrastructure and Environment has a policy and internal process in place for officers to declare when they believe a conflict may arise, with an auditable action thread to remove the conflict – in most circumstances this means passing a piece of work onto another member of staff.

In the ethical and professional standards document, the RTPI specifically addresses the issue of planning professionals dealing with Committee Overturns' (on page 12), or specifically addressing the situation where a planning professional is required to defend a decision of a Planning Committee that is contrary to their officer report. This can be a regular occurrence for a planning professional within the context of working for an authority. The ethical and professional advice is for the planner to disclose that they are representing a decision that is a Committee overturn and therefore contrary to their officer recommendation, taking care to avoid giving the impression that the evidence they are presenting is their own professional view. For the avoidance of doubt, acting in defence of the decision and the presentation on behalf of the Government of Jersey and decision maker is an appropriate professional standard.

Although the planner can give technical evidence on behalf of the decision maker, in some cases they may ask the decision maker to speak with conviction of the planning reasons for the decision. In this case, a member of the Planning Committee is asked to attend and speak at an appeal hearing. However, this is not always possible due to availability of the members and, in that instance, the senior planner continues to provide the evidence on behalf of the decision maker.

Planning inspectors will consider all material consideration when re-assessing an application at appeal. The inspector will review the case in totality and come to their own professional judgement when making a recommendation to the Minster.

23. Deputy M.B. Andrews of St. Helier North of the Minister for Health and Social Services regarding the total number of medical appointments offered by her Department (WQ.60/2023)

Question

Will the Minister state the total number of medical appointments offered by her Department for the period 2018 to date, and advise what percentage of those appointments have been cancelled?

Answer

The table below shows the total Outpatient Clinic appointments offered and the percentage of these that were cancelled each year between 1 January 2018 and 31 January 2023. Appointments that were rescheduled are also categorised as cancelled. The percentage of appointments cancelled shown below have been further categorised by care group.

 The Other' Care Group comprises of Pre-Assessment Clinic appointments (where a patient is contacted by a nurse prior to an inpatient or day case admission) and Phlebotomy appointments.

This answer is an update to previously asked Written Questions: WQ.312/2022 and WQ.15/2023. Please note that small variation in numbers is as expected – for example there are data quality validations and corrections reflected in the latest data.

  Notes:

1. "Medical appointments" has been interpreted as all General & Acute outpatient medical appointments. As such, the data presented includes Jersey General Hospital and Overdale Hospital activity as well as clinics in other locations, such as Le Bas or Springfield.

2. An appointment is counted as cancelled:

1. when  the  Appointment  Status  in  TrakCare  (the  electronic  system  that  captures appointment slots) has been set to 'Cancelled' or
2. if the status has been set to 'Not Attended', this can be further categorised by reason, which can be

1. Appointment cancelled by service'. Reasons include instances where clinics are cancelled and rebooked in an alternative location or time, which may be on the same day. It is currently not possible to report on these separately.
2. Appointment cancelled by patient'. Reasons include:

1. Appointment cancelled by or on behalf of the patient
2. Appointment no longer required
3. Appointment no longer required (Pat)
4. Appt cancellation informed by 3rd party
5. Appt cancelled by patient - awaiting patient contact
6. Away from Island/Education/Military/Travel
7. Earlier appointment requested
8. GP instructions
9. Later appointment requested
10. Leaving island
11. Patient transferred to private care

3. Transferred appointments, are  not counted. A transferred appointment occurs when the patient will see a different clinician (to whom the appointment has been transferred'), but the appointment date and time remains exactly the same.
4. When HCS or the patient cancel the appointment, a new appointment will be given at the next available slot in relation to the urgency of the patient's referral.
5. HCS encourages all patients to inform the specialty service with as much notice as possible to ensure the slot can be re-allocated to someone else on the waiting list. If a patient requires a different date or time, they can find information on how to inform HCS in their appointment letter. Work is ongoing to ensure patients are given a new appointment slot with a letter being sent to the patient with the new details.

Medical Appointments Cancelled (as per above definitions) by year, Health & Community Services

 Data Source: Hospital Patient Administration System (TrakCare, Outpatient Report BKG1A).

Medical Appointments Cancelled (as per above definitions) by Care Group and year, Health & Community Services

 Data Source: Hospital Patient Administration System (TrakCare, Outpatient Report BKG1A).

24. M.B. Andrews of St. Helier North of the Minister for Treasury and Resources regarding entities registered under the Zero/Ten' regime (WQ.61/2023)

Question

Will the Minister state how many entities have registered under the Zero/Ten' regime since 2013?

Answer

Entities are not required to register under the Zero/Ten' regime. A corporate entity may be taxed at 0%, 10% or 20% depending upon the relevant sources of income declared on the annual tax return.

39,060 entities filed returns for year of assessment 2020. A breakdown of corporate entities is available in the Statistical Digest.

25. Deputy M.B. Andrews of St. Helier North of the Chair of the States Employment Board regarding  the  current  number  of  vacancies  within  each  Government  department (WQ.62/2023)

Question

Will the Chair state the current number of vacancies within each Government department?

Answer

The current number of vacancies are as follows:

Methodology

• The Government Plan sets out estimated positions  for the  financial year, the data for employees as January 2023 has been used to identify filled positions.
• Not all positions will be fully funded or may be seasonal.
• Departments indicated with an asterisk monitor vacancy through a manual method, awaiting a completion of the establishment build within Connect People system.
• This approach does not take into account where a budget vacancy exists, but a decision has been made to delay or defer going to market.

26. Deputy M.R. Scott of St. Brelade of the Chair of the States Employment Board regarding a list of activities which could potentially lead to the dismissal of a public employee (WQ.63/2023)

Question

Further to the responses provided to Written Questions 23/2023 and 41/2023, including (for the latter) in respect of a list of activities which could potentially lead to the dismissal of a public employee, will the Chair –

1. specify which of these listed activities are characterised as gross misconduct in a public servant's contract of employment with a sanction of summary dismissal without notice in the event of a breach having been proved following a disciplinary hearing;
2. provide the content of the ethical organisational guidelines and ethical standards that are intended to address each of these activities, specifying whether such guidelines are intended to encompass the ethical standards fully; and
3. advise whether each of these activities is covered in the training of public sector employees and, if so, in what way is this training delivered and how often it is refreshed?

Answer

1. Section 18 of the Contract of Employment for Senior Employees states:

The Employer retains the right to terminate your contract without notice if you are guilty of gross misconduct. No payment in lieu of notice will be made if your contract is terminated for gross misconduct.

Section 23 of the contract states:

The Employer will apply policies and procedures in specific situations that may arise during the course of your employment. You will be expected to follow these policies and procedures, and to familiarise yourself with them. Of particular relevance are the policies/procedures relating to maternity, discipline, grievance, managing attendance, custody, redundancy and health and safety.

2. The disciplinary general rules and performance addresses areas considered to be Gross misconduct (list is not exhaustive):

• Theft fraud and dishonesty
• Corruption
• Serious misrepresentation
• Aggressive behaviour
• Being unfit for duty
• Serious breach of the codes
• Negligence or malpractice
• Malicious or wilful damage to property
• Confidentiality
• Engaging in political activities
• Misuse and inappropriate use of applications, emails, internet, or social media
• Contravention of a duty restriction under the law/loss of legal entitlement to practice
• Criminal offences outside of employment

3. The Codes of Practice and disciplinary policy were recently introduced and updated after considerable consultation. Toolkits have been developed to support managers and employees in the introduction of these policies and training is being developed. Mandatory training is in development for the codes of practice.

27. Connétable  of  St.  Brelade  of  the  Minister  for  the  Environment  regarding  invasive extractor fan noise for residents of La Rue du Crocquet in St. Aubin (WQ.64/2023)

Question

Will the Minister advise whether he will instruct the Environmental Health Department to deal with the situation of residents of La Rue du Crocquet in St. Aubin as a priority, in light of their indications that they have been subject to invasive extractor fan noise for months without any action being taken; and will the Minister undertake to communicate a timeline for resolution of the problem to the residents?

Answer

Officers have been putting and continue to put considerable effort into investigating complaints and working with various parties concerning noise issues in the La Rue du Crocquet area, with a view to bringing about a resolution. This work is still ongoing, so it would not be appropriate to comment further.

28. Deputy M.R. Le Hegarat of St. Helier North of the Minister for Home Affairs regarding Time off in Lieu in the States of Jersey Police (WQ.65/2023)

Question

Will the Minister state –

1. the maximum number of hours that States of Jersey Police officers are allowed to accumulate as Time off in Lieu';
2. who monitors the system of Time off in Lieu';
3. how many officers have accumulated more than the allowed hours;
4. how many hours are currently recorded in the system;
5. how many hours are given at the start of each year as part of any previous pay settlement; and
6. whether the Fire and Rescue Service, Ambulance Service and Prison Service have a similar system, and if so, the details for these systems as requested in the queries above in paragraphs

(a) to (e)?

Answer

29. Deputy G.P. Southern of St. Helier Central of the Minister for Health and Social Services regarding a report on the potential impact of the adoption of the terms and conditions contained in the Jersey Ethical Care Charter for Homecare (WQ.66/2023)

 Question

Following Oral Question 215/2021, and in the light of the recruitment and retention difficulties currently experienced in the care sector, will the Minister indicate whether, in consultation with the Care Commissioner, she will prepare a report on the potential impact of the adoption of the terms and conditions contained in the Jersey Ethical Care Charter for Homecare, as agreed by the States through adoption of P.48/2017 but never delivered by previous Ministers?

Answer

This Government will undertake an exercise to review outstanding Propositions from previous States Assembly decisions, in liaison with the Privileges and Procedures Committee, to determine how best to progress them or return them to the Assembly.

With regard to the Ethical Care Charter specifically, the challenges associated with the recruitment and retention of care staff are clearly articulated in the Jersey Care Commission's (JCC) November 2022 discussion paper Addressing challenges and risks in social care'.

It is for this reason that my Ministerial Plan sets out my intention to work across the Council of Ministers to agree a whole island health and care workforce strategy. Work will commence in 2023.

In developing that strategy, I will, in consultation with providers and care users, give consideration to the standards set out in the Ethical Care Charter and the matter of whether it should be adopted in its current form.

My intention, however, it to develop a strategy that works across the whole health and care sector, unlike the Charter which only focuses on the home care sector.

30. Deputy G.P. Southern of St. Helier Central of the Minister for the Environment regarding a report on the potential impact of the adoption of the terms and conditions contained in the Jersey Ethical Care Charter for Homecare (WQ.67/2023)

Question

Following  Oral  Question  215/2021,  and  in  the  light  of  the  current  recruitment  and  retention difficulties experienced in the care sector, will the Minister indicate whether, in consultation with the Care Commissioner, he will prepare a report on the potential impact of the adoption of the terms and conditions contained in the Jersey Ethical Care Charter for Homecare, as agreed by the States through adoption of P.48/2017 but never delivered by previous Ministers?

Answer

This Government, in liaison with the Privileges and Procedures Committee, will undertake an exercise to review outstanding Propositions from previous States Assembly decisions to determine how best to progress them or to return them to the Assembly.

In relation to the Ethical Care Charter, in November 2022, the Jersey Care Commission (JCC) produced a report on Addressing challenges and risks in social care.' Amongst other challenges, this report discussed the JCC's findings on the issues that regulated care providers, including home care providers, are facing in recruiting and retaining care staff. The evidence relied on by the JCC was obtained in carrying out its usual regulatory and inspection responsibilities; from engagement events with the sector; and the results of a sector-wide survey of 120 care providers and adult social care managers.

The JCC made seven recommendations in the report, including recommendations that the Government should review some areas of policy that impact on the recruitment and retention of care workers.

As set out in the Minister for Health and Social Services' 2023 Ministerial Plan, the Minister will commence work across the Council of Ministers to agree a whole-island workforce strategy which will set out how the Government will work to address barriers to recruitment and retention, including for the home care workforce.

While this important work is ongoing and as the JCC has recently produced a thorough report on the current issues affecting the care sector, I do not intend to request either that it directly undertakes or assists me to undertake any further reports to address these matters at this stage.

31. Deputy M.R. Scott of St. Brelade of the Minister for Economic Development, Tourism, Sport, and Culture regarding the direct involvement in planning applications of Ministers and officers of their departments (WQ.68/2023)

Question

In respect of the direct involvement in planning applications over the last five years of each of the following –

• both himself and former Ministers for Economic Development';
• officers in the Department for Economic Development or the Department for Economy; and
• the Regulation Standards Officer (with respect to administration of the Minister's powers under the Tourism (General Provisions) Order 1990);

will the Minister state –

1. the number of occasions on which a Minister or an officer of either Department has exercised the right to comment on a planning application relating to land designated for economic use, including (without limitation) farmland and visitor accommodation;
2. the activity conducted at the premises to which any such comment related;
3. the number of times the Regulation Standards Officer., acting in a tourist regulation capacity and having been contacted by a planning officer in respect of premises used for an economic purpose, has informed the planning officer that the Department had no comment because the premises did not relate to visitor accommodation; and

4. the number of times this Officer has passed comment on an application that was not of the nature to which paragraph (c) refers?

Answer

a)  and b)

Relevant officers are approached as consultees for applications relating to land designated for farmland and visitor accommodation. The number of times an officer had exercised the right to provide a comment on a planning application relating to each of these categories is listed below:

100. Comments are only made by the Regulation Standards Officer when the consultation relates to Tourist  Accommodation.  The  Officer  is  not  consulted  to  non-tourist  accommodation  use applications.
101. See table above

32. Deputy M.R. Le Hegarat of St. Helier North of the Minister for Home Affairs regarding domestic violence incidents and rape allegations (WQ.69/2023)

Question

Will the Minister state –

1. how many domestic violence incidents were recorded in 2021 and 2022; and, of these, how many resulted in successful prosecutions;
2. how many rape allegations were recorded in 2021 and 2022; and, of these, how many resulted in successful prosecutions; and
3. in respect of the rape allegations, how many identified a suspect?

Answer

1. There were 1151 domestic abuse incidents during 2021 and 1084 during 2022.

From these incidents or initial calls for service, 425 criminal investigations were opened in 2021 and 403 criminal investigations were opened in 2022.

From these 828 criminal investigations opened through 2021 & 2022.

Currently 178 have progressed to court. 17 cases where discontinued and 10 were found Not guilty', leaving 151 successful prosecutions

2. During 2021 55 Rape allegations were made.   During 2022 58 rape allegations were made.

Currently from these 113 criminal investigations opened through 2021 & 2022, five have progressed to court.

1 was discontinued and 4 were found not guilty'.

32 criminal investigations are currently still live.

(On average Rape Criminal Investigations will take over one year to get from the reported crime date to a court date).

3. From the 55 rape allegations during 2021, 43 criminal investigations identified a potential suspect.

From the 58 rape allegations during 2022, 54 criminal investigations identified a potential suspect.

33. M.R. Le Hegarat of St. Helier North of the Minister for Home Affairs Deputy regarding the States of Jersey Police, Fire and Rescue, Ambulance, Customs and Immigration and Prison services (WQ.70.2023)

Question

In relation to the States of Jersey Police, Fire and Rescue, Ambulance, Customs and Immigration and Prison services, will the Minister advise –

1. the number of Full Time Equivalent (FTE) officers each service has;
2. the number of FTE civilian staff each service has;
3. the headcount of officers currently in each service;
4. the headcount civilian staff currently in each service;
5. what recruitment, if any, is currently underway in each service; and
6. what number of officers, if any, are above their earliest retirement date in each service?"

Answer

Head Count and FTE

In relation to the above questions, we have deemed the term officers' to be those that are on a uniformed service terms and conditions for Fire & Rescue, Police and Prison, and for Ambulance, those who are on WFM terms and conditions. Please see the table below for details of questions a-d.

Please note, all JCIS are Civil Servants, and this is reflected above.

There are also other members of the teams under Manual Workers and Nurse and Midwife terms, but as these have not been requested in the question, we have not given details.

Recruitment underway in each Service

Fire & Rescue:

Preparation for on-call recruitment has begun.

2 x non-operational Watch Commander level posts for a fixed period until recruitment for 2 operational Watch commanders is possible.

5th Station Commander post.

Deputy Chief Fire Officer

On-call recruitment will take place across the year.

Police:

Analyst x 1

Crisis Worker x 2

Senior Analyst x 1

Communications Manager (Financial Intelligence Unit) x 1

IDVA x 1

Ambulance:

Eleven new roles from the Government Plan 2023.

2 x Paramedic (filled on temporary arrangements)

4 x ECA (2 x filled on temporary arrangements and 2 profiled for recruitment from April 23) 0.43 x Clinical Training Officer (profiled recruitment from April) 1 x Operational Support Officer (profiled recruitment from April)

2 x Specialist Paramedics (profiled recruitment from April)

There are three current vacancies.

1 x Paramedic

1 x Advanced Paramedic Manager under review following the Demand and Capacity Review. 1 x Head of Operations, currently filled through an Act Up opportunity.

Work is underway with HR to recruit to these posts as soon as practically possible.

Job Descriptions are in production for new roles where required and agreed through the D&C review. Customs and Immigration:

Customs and Immigration Officer - 3 vacancies

 Passport Officer - 1 vacancy

Prison:

Intervention Facilitator x 2

Earliest Retirement Date

This was not a simple task due to the movement of some members from the PECRS to the PEPS on 1 January 2019 which meant that they now have two pension benefits which both have different Normal Retiring Ages (NRA) resulting in different Early Retirement Ages (ERA).

 The NRA for uniformed members in the PECRS is 55 and in the PEPS it is 60. Uniformed members in the PECRS who were first employed before 1 March 2009 could retire from age 50 and uniformed members in the PEPS can retire from age 55.

Members who moved into the PEPS from the PECRS are called transition members and there are 192 transition members who are uniformed. For some members they are over their ERA in the PECRS but are under their ERA in the PEPS due to the different NRAs.

 The overall table shows that there are 401 uniformed members but there are 593 benefits, this is down to the 192 transition members who have a benefit in the PECRS and the PEPS.

Total pension benefits payable to uniformed members member

34. Deputy M.R. Scott of St. Brelade of the Chair of the States Employment Board regarding the Probity standard to which the States Employment Board requires all public servants to adhere. (WQ.71/2023)