States Minutes 18th June 2002

THE STATES assembled on Tuesday, 18th June 2002 at 9.30 a.m. under

the Presidency of the Deputy Bailiff , Michael Cameron St. John Birt, Esq.

All members were present with the exception of-

S e nator Frank Harris on Walker - out of the Island

A l an Simon Crowcroft , Connétable of St. Helier - out of the Island C e lia Joyce Scott Warr en, Deputy of St. Saviour - ill.

Prayers read by the Deputy Bailiff

Subordinate legislation tabled

The following enactments were laid before the States, namely -

Mis   use of Drugs (Modification) (Jersey) Order 2002. R & O 54/2002.

Mis   use of Drugs (Designation) (Amendment No.  4) (Jersey) Order 2002. R & O 55/2002.

Mis   use of Drugs (General Provisions) (Amendment No.  6) (Jersey) Order 2002. R & O 56/2002.

Matters presented

The following matters were presented to the States -

La Collette Fuel Farm, St. Helier: lease to Shell U.K. Limited and Esso Petroleum Company Limited (P.67/2002) - comments - P.67/2002 Com.(2)

P r esented by the Industries Committee.

Meetings of the States: restriction of the length of Question Time (P.93/2002) - comments - P.93/2002 Com. P r esented by the Privileges and Procedures Committee.

Jersey Potato Export Marketing Scheme 2001 (P.68/2002): report - P.68/2002 Rpt.

Presented by the Agriculture and Fisheries Committee.

THE STATES ordered that the said reports be printed and distributed. Matters noted - land transactions

THE STATES noted an Act of the Finance and Economics Committee dated 5th June 2002 recording the following decisions of the Treasurer of the States under delegated powers, in pursuance of Standing Orders relating to certain transactions in land -

(a ) as recommended by the Agriculture and Fisheries Committee, the lease to Bel Val Farm Limited

(Mr. Colin de la Haye) of Fields Nos. 445, 447 and 448, St. Martin (measuring 6.02, 2.13 and 3.07  vergées respectively), for a period of three years deemed to have commenced on 1st August 2001, at an annual rent of £1,100 (no rent review), with the Committee retaining the right to give six months

written notice at any time during the lease to terminate the agreement but only in relation to Field No.  445, and on

the basis that each party would be responsible for its own legal costs arising from this transaction;

( b ) as recommended by the Health and Social Services Committee, the lease to Dr. Andrew Nisbet and Mrs.

Pamela Margaret Nisbet, née Wragg, of the j' category three-bedroom property known as No. 5 Paddock End, La Rue à Don, Grouville , for a period of five years from 21st May 2002 on an internal repairing basis, at an annual rent of £13,200 payable monthly in advance, subject to annual review in line with the Jersey Retail Price Index figure at 21st May each year, with an option to break the lease after a period of three years. Each party would be responsible for the payment of its own legal costs arising from this transaction and no deposits were to be paid;

( c ) as recommended by the Agriculture and Fisheries Committee, the sale to Mr. Colin Stanley de la Haye

and Mrs. Paulette Lamy de la Haye, née Renouf , of Field No. 358, St. Catherine, St. Martin for a consideration of £2,000, on the basis that Mr. and Mrs. de la Haye would be responsible for the legal costs of the public arising from this transaction.

Matters lodged

The following matters were lodged "au Greffe" -

Population Policy (P.101/2002): amendment - P.101/2001 Amd.

Presented by Deputy M.E. Vibert of St. Brelade .

Cottage Homes Committee: transfer of functions to Housing Committee - P.104/2002. P r esented by the Housing Committee.

Bonne Nuit packaged sewage treatment plant - purchase of land - P.105/2002.

Presented by the Public Services Committee.

States of Jersey (Amendment No. 8) Law 200- P.106/2000. P r esented by the Legislation Committee.

Draft Public Records (Jersey) Law 200- P.107/2002.

P r esented by the Finance and Economics Committee.

Draft Air Transport Permits (Amendment) (Jersey) Law 200- P.108/2002. P r esented by the Jersey Transport Authority.

Arrangement of public business for the present meeting

THE STATES granted leave to the President of the Harbours and Airport Committee to withdraw the proposition regarding La Collette Fuel Farm, St. Helier: lease to Shell U.K. Limited and Esso Petroleum Company Limited (P.67/2002) lodged "au Greffe" on 14th May 2002 and set down for consideration at the present meeting.

Arrangement of public business for the next meeting on 25th June 2002

THE STATES confirmed that the following matters lodged "au Greffe" be considered at their next meeting on 25th June 2002 -

P o pulation Policy: provision of information and alternative proposals - P.102/2002. L o dged: 11th June 2002.

S e nator S. Syvret.

J e rsey Potato Export Marketing Scheme 2001 - P.68/2002. L o dged: 14th May 2002.

C o nnétable of St. Helier.

J e rsey Potato Export Marketing Scheme (P.68/2002): report P.68/2002 Rpt. P r esented: 18th June 2002.

A g riculture and Fisheries Committee.

D r aft Terrorism (Jersey) Law 200- P.75/2002. L o dged: 14th May 2002.

H  o  me Affairs Committee.

D r aft Terrorism (Jersey) Law 200- (P.75/2002): comments - P.75/2002. Com. P r esented: 11th June 2002.

H  u  man Resources Committee.

D r aft Terrorism (Jersey) Law 200- (P.75/2002): comments - P.75/2002. Com.(2). P r esented: 11th June 2002.

F i nance and Economics Committee.

D r aft Social Security (Amendment No.  16) (Jersey) Law 200- P.99/2002. L o dged: 11th June 2002.

E m  ployment and Social Security Committee.

D r aft Telecommunications (Jersey) Law 2002 (Appointed Day) Act 200- P.103/2002. L o dged: 11th June 2002.

I n dustries Committee.

Allocation policy of the F.B. Cottages Housing Trust - question and answer (Tape No. 741)

Deputy Geoffrey Peter Southern of St. Helier asked Deputy Terence John Le Main, President of the Housing Committee, the following question -

" ( a) Can the President confirm that F.B. Cottages Housing Trust operates an allocation policy which states that its housing units are for Jersey working men and their families' thereby discriminating against single mothers and their families, whereas their Constitution states To provide residential accommodation to persons in the Island considered by the members in their absolute discretion to be in need of such accommodation'?

( b ) Will he outline the steps he will take to ensure that such discrimination ceases?" The President of the Housing Committee replied as follows -

" ( a) The Florence Boot Cottages Trust was originally established in 1923 under the provisions of the lease of an area of land at Les Clôtures, St. Clement, which was granted by the States to the late Sir Jesse Boot. This lease set out a number of terms and conditions for the Trust which included an objective to construct houses and cottages for the British working class'. The Trust operated under the terms of the lease until 1997 when the States formally cancelled the lease and agreed the sale of the land to a newly constituted F.B. Cottages Housing Trust.

 T h e new F.B. Cottages Housing Trust is not bound by the terms and conditions of the original lease.

Although some confusion arose recently with the Trusts allocation policy as it appeared to be based on the old terms and conditions, this matter has now been resolved and the Committee is satisfied that the Trust is operating correctly under its new constitution. The most recent allocation of 25 houses included four to single parents and four to unmarried couples with young children.

( b ) The Committee will continue to work closely with Housing Trusts to ensure that social rented housing is

provided to those in need and without discrimination against single parent families."

Sous l'Eglise, St Peter - question and answer (Tape No. 741)

The Deputy of St. Peter asked the Deputy of St. Mary, President of the Harbours and Airport Committee, the following question -

" W ould the President inform the Assembly why the Committee has not acquired the property Sous l'Eglise, St. Peter from the Health and Social Services Committee, bearing in mind that it was identified by the Civil Aviation Authority as being a safety hazard some years ago?"

The President of the Harbours and Airport Committee replied as follows -

" T he house called Sous l'Eglise lies to the north of the runway and members may recall that a private jet crashed into this building in 1980. Unfortunately, the Island Development Committee allowed it to be rebuilt larger than it had been before and it now infringes the Transitional Slope (the one in seven) by about eight metres.

T h e 1998 Obstacle Survey Report by the CAA comments This is acceptable if that the building is provided

with obstacle lighting. However, in the longer term, when the opportunity arises the buildings should be removed'. In the 2000 Report there is added This building is now obstacle lit and there is the possibility that it will be demolished'.

W  hen the previous owner, Mr. Le Seelleur, died he left a number of properties, including Sous l'Eglise, in

trust for the benefit of the then Public Health Committee. At this time the Planning and Environment Committee included Sous l'Eglise in the list of forecast strategic acquisitions in Account C 0904 - Acquisition of Land - Major Reserve, which is how all of these matters have been dealt with over the years. An amount of £500,000 was then earmarked for this purchase and the sum remained in the Reserve until such time as the property was to become vacant and the transfer could be effected between the Public Health Committee and the Harbours and Airport Committee.

S  adly, when the report and proposition went to the Finance and Economics Committee it refused, by a

majority, to sanction the transaction. Despite several approaches by both the Health and Social Services Committee and the Harbours and Airport Committee, the Finance and Economics Committee still refused to sanction the transaction and confirmed that the original decision to fund this strategic acquisition through the Acquisition of Land vote no longer applied. The Harbours and Airport Committee, not surprisingly, feels aggrieved at the actions of the Finance and Economics Committee.

B y the end of this month, the Harbours and Airport Committee expects to reply to the Policy and Resources

Committee with the OXERA Report concerning the future funding of the Airport. The requirement, as we understand it, is for the Airport to be run commercially and to fund its future capital programme from its revenues. However, we believe that certain strategic elements of the Airport may have to be funded centrally, as in the case with every other aspect of the Island's infrastructure.

S i nce the early 1980's, central funds received nearly £50M from Airport operating surpluses and since 1997,

the Airport has funded over £20M of Capital Expenditure from the Trading Fund.

T h e Finance and Economics Committee has changed its financing policy towards the Airport to one of users

pay all' and has turned a blind eye to the obligations of the States as owner of a strategic asset of vital importance to the whole Island. The Airport is not in a financial position to deal with the elements of funding that the States were aware of prior to the User pays All' policy coming into being. That is why the £500,000 asking price of the Health and Social Services Committee for Sous l'Eglise should come from Vote C0904 from which it was properly budgeted over several years."

Draft Legal Practitioners (Jersey) Law 200- and related legislation - question and answer (Tape No. 741)

The Deputy of St. Martin asked Senator Wendy Kinnard, President of the Legislation Committee, the following question -

" W ould the President please inform members -

( a ) (i) of the progress of the Draft Legal Practitioners (Jersey) Law 200-; and the two related pieces of

legislation, the Law Society of Jersey Law 200-; and the Law Society of Jersey Bye Laws 200-?

(i i) w hen the draft Laws are likely to be lodged?

(i ii ) th e reason for the continuing delay in lodging these Laws?

( b ) of the monitoring system the Committee has in place to ensure that draft legislation is not unnecessarily delayed, in view of the many years it has taken to complete the work on the above legislation?"

The President of the Legislation Committee replied as follows -

" ( a) (i) The latest draft of the Legal Practitioners (Jersey) Law was considered by the Committee at its meeting on 25th January 2002. The Committee has been advised of differences of opinion between Jersey and English qualified lawyers on the provisions of the draft concerning the creation of the offence of unqualified persons practising Jersey law and is seeking to have those resolved. The Law Society of Jersey Law and Byelaws are considered by the Committee to be subsidiary to the Legal Practitioners Law and the three pieces of legislation will be presented to the States by the Committee on the same day if possible.

 ( ii ) The Committee is anxious to see progress on this legislation and hopes to lodge the draft laws in the

early autumn.

( ii i) These draft laws are of substantial importance both to the general public and to those engaged in the

provisions of legal services. There are of course potentially competing interests to be considered but, subject to the overriding public interest, the Committee is anxious to promote if possible laws that have the support of the relevant professional bodies. It is anticipated that there will be a further meeting between myself, the Attorney General, and representatives of the Jersey Law Society on this and  other topics in  the early future and  that the matter will be considered again by the Committee in August.

( b ) The Committee has available to it a list of the proposed and possible legislation which it has under its

consideration at any given time."

Meteorological Department - question and answer (Tape No. 741)

Deputy Robert Charles Duhamel of St. Saviour asked the Deputy of St. Mary, President of the Harbours and Airport Committee, the following question -

" ( a) What is the current staffing level and grade structure of the Meteorological Department?

( b ) Has the Committee or its officers, in the last six months, entered into discussions with any third parties

with a view to the provision of meteorological services to the Airport, Harbours or the general public, to replace any of the services currently provided by the Meteorological Department?

( c ) If the answer to (b) is in the affirmative, how many locally based staff would be required to assist in the

provision of meteorological services to the Island after all or part of these services have been contracted out?

( d ) Would the loss of jobs within the Meteorological Department be detrimental to the range of scientific

and technical job opportunities available to local residents?"

The President of the Harbours and Airport Committee replied as follows -

" ( a) There are 21 civil servants employed -

Job Title Principal Meteorological Officer

Senior Forecaster Forecaster 1 Forecaster 2/3 Senior Meteorologist Met IT Officer Leading Assistant Assistant

Grade Number

15 1

13 2 12 5 9/10 3 10 1 9 1 7 3 6 5

( b ) In responding to the OXERA Report on the future funding at the Airport, the Airport has questioned and

examined all of its operations. One of these is the provision of meteorological services to both aviation and non-aviation consumers. In order to assess the question of value for money as well as quality of service we have obtained information from the U.K. Meteorological Office against which these services can be benchmarked. Further dialogue is continuing to clarify a number of issues.

( c ) No decision has yet been taken on the issue of alternative sources of provision of service and is unlikely

to be taken until a States debate on the future funding of the Airport has taken place - hopefully in September. If the meteorological service were to be contracted out then staffing, buildings and facilities will be subject to discussion at the time.

( d ) No satisfactory answer is available until (b) and (c) above are resolved."

Report of the Policy Report 2001 Review Group and the Dairy Exit Plan - questions and answers (Tape No. 741)

Deputy Philip Francis Cyril Ozouf of St. Helier asked Senator Jean Amy Le Maistre, President of the Agriculture and Fisheries Committee, the following questions -

" 1 . Would the President advise if the Committee has considered the report of the Policy Report 2001 Review Group and if so -

(a ) w  hat are the main conclusions of the Review Group report on the Policy Report? (b ) w  hat is the Committee's response?

2 .  Would the President inform the Assembly as to the progress of the dairy industry exit plan, specifically

the level of take-up and reconciled cost to the public?"

The President of the Agriculture and Fisheries Committee replied as follows -

" 1 . (a) The Review Group Report has been issued to all States members today and therefore I believe that it is more appropriate to read the report in conjunction with the conclusions. In my opinion the conclusions are largely supportive of the Policy Report proposals. The Review Group Report raises a number of valid questions and these will, I am certain, be addressed by the Committee.

(b ) A s the Review Group's Report was published today the members of the Agriculture and Fisheries

Committee have not yet had the opportunity to discuss the Report but will be studying it this week. The Committee will consider the report and recommendations at the next meeting on 24th June. I would expect the Committee's response to be available soon after that meeting.

2 . The Assembly will be aware that a Dairy Industry Restructuring Scheme is currently underway,

following a request for financial support from the industry that was supported by the Agriculture and Fisheries Committee. The request was subsequently approved by the Finance and Economics Committee, who agreed States funding up to a maximum of £500,000 and attached a number of conditions to the financial support. The background to the Scheme is the collapse in market prices for dairy products over the past 18 months and the increase in the Island's milk production over the same period. Taken together these factors have considerably reduced the profitability of the industry as a whole and necessitated a reduction in the scale of milk production in the Island in order to stem losses. It is no exaggeration to say that the collapse in market prices and the consequent slump in profitability had created a crisis situation which required emergency action from the States.

T h e R  estructuring Scheme has involved a tendering process for the sale by dairy farmers of all or part of

their licensed litres'. This licence was issued by Jersey Milk, in accordance with the rules of the Jersey Milk Licensing Scheme, introduced on 1st June 2001. The Restructuring Scheme has therefore been based on the Milk Licensing Scheme, which provided a mechanism' for reducing the industry's capacity to produce milk. Under the Restructuring Scheme the sale of licensed litres attracts a Milk Licence Payment. The Restructuring Scheme has also involved, in order to encourage the sale of surplus animals to the UK, an Export Premium and a payment towards the cost of transport to the UK. It was agreed at the outset that the cost of the Milk Licence Payments would be shared equally by the States and Jersey Milk and that the other payments mentioned above would be borne by the States, within the funding limit available.

T h e S c heme has been administered by the Department and the help of Jurat Jill Clapham was enlisted to

supervise the opening of tenders and to ensure that the process was conducted entirely within the agreed rules for the Scheme. The Milk Licence Payments have been made - on the timescale envisaged when the Scheme was planned and as indicated in the Guidance information provided to farmers when the Scheme was announced - and most of the livestock payments have also been made. Before making the payments the Department requested an audit to verify the calculations and to comment on the administrative process.

T h e ta ke-up of the Scheme has been about 2.7m licensed litres, which is slightly greater than the 2.5m

originally planned for. On the basis of the 2.5m target it was estimated at the outset that approximately 630 cows would become surplus' and so would be eligible for the export payments. The number actually exported was 432 so that about 70% of the surplus animals have been exported. This compares with the target' of 60% envisaged when the Scheme was planned.

In f o r m ation provided to the Department by Jersey Milk on 7th June shows that, had it not been for the

Restructuring Scheme, the total licence for the second licence year (starting June 2002) would have been 19,348,157 litres. This is made up of 18,337,730 base litres for the year 2001-2002 and 1,010,427 of the assessed litres that were actually produced during the year. The Scheme has purchased 2,648,167 litres and this means that the total licence for the second year is 16,699,990 litres. States members may be aware that for the first year of the Licensing Scheme producers had the opportunity to produce their assessed' litres as well as their base' litres, on the understanding that their total licence for the second year would include that part of their assessed litres that they had actually produced in the first year.

W  it h r egard to the cost of the Scheme to the public, the total cost has two components, the Milk Licence

Payments, and the livestock payments and costs. The latter comprise an Export Premium for each animal exported to the UK, a contribution to the cost of transport to the UK for the animals exported, and the cost of culling and disposing of any surplus animals that had to be culled as a consequence of the Scheme.

T h e t o tal Milk Licence Payments have been £380,470.81, of which Jersey Milk has paid half. T h e t o tal costs of the Export Premia and transport to the UK have been £194,400.

T h e a c tual costs associated with animals that are being culled as a consequence of the Scheme cannot be

known until all the animals to be culled have actually been culled. This point will not be reached for several more weeks, so at this stage this cost can only be estimated. The Department's latest estimate is £41,580.

T h e D epartment has estimated the total cost of the Scheme, based on the prudent assumption that the

maximum number of animals that could possibly give rise to costs under the scheme would actually do so. On that basis the Department's estimate has been that the total cost could be very close to the maximum of £500,000 made available by the Finance and Economics Committee. Based on the information provided by Jersey Milk on 7th June, however, and on discussions with the participating farmers about their intentions with regard to culling animals, the Department has refined its estimate over the past week. The Department's estimate is now £426,215. I must emphasise, however, that the information required to provide a precise figure is not yet available to the Department, so this figure is a best estimate. This reduced estimate takes into account the fact that some surplus animals have been sold within the Island and so will not attract Scheme payments or add to Scheme costs. It also takes into account a late decision by an applicant to sell less licence than originally indicated.

T h e e f fect of the Scheme has been to reduce the total licensed litres to about 16.7m litres at the start of

the second licence year (June to May). It should also be noted that the main uptake from the scheme was to enable four of the larger herds in the Island to exit almost completely from the industry, not, as some might have expected, to enable more of the smaller herds to exit. The four herds account for some 85% of the cows eligible for payments and a similar percentage of the total cost of the Scheme. The average herd size in the Island will have been reduced.

T h e in dustry has requested a second restructuring scheme because Jersey Milk has recently lost further

export business through the continuing collapse in product prices. The request has been considered by the Agriculture and Fisheries Committee and is being recommended for acceptance by the Finance and Economics Committee. The estimated cost of this Scheme to the States would be not more than £350,000, with Jersey Milk contributing approximately a further £135,000. The cost to the States of a second scheme would be partly offset by any savings from the first scheme.

I ap o l ogise for the complexity of this answer, which reflects the complexity of the Milk Licensing

Scheme and the details of the Restructuring Scheme. I would like to put on the record the Committee's thanks to all involved in the Restructuring Scheme, including the industry leaders and Jersey Island Genetics, the Department and Jurat Jill Clapham, who have carried out a complex task successfully over quite a short period of time. I am sure that everyone who has the best interests of the industry at heart will be hoping that these emergency measures - for that is what they have been - will help the industry towards the stability and profitability that urgently need to be restored."

Staff numbers in the Health and Social Services Department - question and answer (Tape No. 741)

Deputy Lyndon John Farnham of St. Saviour asked Senator Stuart Syvret, President of the Health and Social Services Committee, the following question -

" W ould the President advise members -

(a )  how many  staff  were employed by the Health and Social Services Department, in both FTE and

headcount terms on 1st January 1996 and each anniversary to the present, split by (i) grade and (ii) function - administration, medical, nursing and manual workers?

( b ) the costs for the above?

( c ) how many employees in each case, and by grade, had permanent or temporary 'J' Category housing status

on 1st January 1996 and each anniversary to the present?

( d ) of the Committee's policy on awarding 'J' Category  consents under delegated authority from the Housing

Committee?

( e ) how many 'J' consents the President expects his Department to issue in 2002, 2003 and 2004 in order to

achieve its recruitment targets?"

The President of the Health and Social Services Committee replied as follows -

( a ) Attached as Appendix A is a summary of the Department's FTE and headcount for the years requested

split by employee group. Although a further more detailed split by function is now possible through the new Computer based Human Resources Management System it was not possible for previous years.

( b ) The costs requested are detailed in table attached as Appendix B. ( c ) Permanent Consents

S in c e 1994, when the Health and Social Services Committee was allocated an annual quota for posts for

permanent appointment, it has permanently appointed 69 members of staff. These are without exception all essential' posts, for which it can never be expected to find sufficient local candidates and all are in medical, paramedical, nursing, social care, health promotion and health protection posts.

W  e h a ve allowance within our total establishment for in excess of 850 potential' J' Category posts, of

which approximately 400 are filled by appointment from the United Kingdom at any point in time. The actual numbers and breakdown change by the day.

( d ) A copy of the Committees policy is attached (Appendix  C). It has been prepared in close consultation

with, and approved by, the Housing and Human Resources Committees and based on selection criteria established during the 1992 Strategic Policy Review (Appendix 7/2 refers) and by those Committees.

( e ) Permanent Consents

1 2 i n e ach year, unless it is proven that these numbers are no longer adequate to enable the Committee to

maintain  its  essential  services.  In  which  case  it  has  reserved  the  right  to  revert  to  the  Housing Committee for an increase and the Housing Committee has formally stated its support.

T e m p o rary Consents

A  ssuming that the States continue to support the Health and Social Services Committee andresource its

development plans for these years, the Committee has indicated that it will require an additional 75 posts each year. It is estimated that approximately 50 of these will need to be filled by staff from the United Kingdom on temporary J' Category consents. It is not possible to state with certainty how many of these posts will require appointment from the United Kingdom because the position in respect of each post is not known until the posts are advertised and the extent of skills available locally are known. Preference is always given to residentially qualified applicants."

Appendix A

HEALTH AND SOCIAL SERVICES COMMITTEE - ANALYSIS OF STAFF FTE AND HEADCOUNT 1997 - 2002 INCLUSIVE

1996 1997 *1 1998 1999 2000

For comparison agrees FTE H/C FTE H/C FTE H/C FTE H/C FTE H/C estab. for each year in (1828.40) (1925.88) (1914.34) (1914.34) (1910.35)

()

1. Civil servant 429.65 493 438.13 486 389.53 518 431.62 503 449.74 547
2. Manual worker 476.72 570 468.81 558 486.57 574 459.27 521 450.67 568 3 Nurses and 794.68 880 783.49 896 818.22 942 816.34 891 797.09 901 midwives

4 Junior doctors/ 85.54 92 85.58 94 88.07 132 91.63 103 90.72 100 consultants

5 Child care - - 60.26 70 62.41 72 66.30 71 60.26 69

officers/family

support

TOTALS 1786.59 2035 1836.27 2104 1844.80 2238 1865.16 2089 1848.48 2185

*1  1 977

C h ild  ren's Service joined Health and Social Services in this year

* 2  2001

E s ta blishment increased in this year for first time in 11 years

* 3  2002

M e d ical Staff Establishment reduced - Junior Doctors transferred to training posts

APPENDIX B

Analysis of the cost of Health and Social Services Staff 1995 - 2001

Negotiat-ing Year ending 31st December (£000)

Group

1995 1996 1997 1998 1999 2000 2002

Civil  servants 10,493 12,322 13,377 14,531 16,005 17,882 19,220 (inc.

professions

allied  to

medicine etc.)

Manual 9,697 10,417 10,904 11,179 11,654 12,497 13,085 workers

Medical  and 5,041 5,596 5,735 6,063 6,503 7,288 8,477 dental staff

Nurses  and 20,322 21,600 22,837 24,153 25,770 27,969 29,148 midwives

Child  Care - 1,870 1,754 1,888 1,956 2,199 2,355 officers  and

Family

support

workers

Total  Staff 45,553 51,615 54,807 57,815 61,888 67,634 72,285 Costs

APPENDIX C HEALTH AND SOCIAL SERVICES

PROCEDURE/GUIDELINES FOR EXTENSION OF CONTRACT/PERMANENT APPOINTMENT Following agreement between the Health and Social Services Human Resources and Housing Committees the

following policy has been introduced for review of the employment position of contract staff.

Initial contracts of employment can be offered for varying periods of up to five years depending upon the needs of the service. All contracts should include a statement that they will be reviewed 12 months prior to their expiry. Criteria for extension and/or permanent appointment have been agreed between the Committees and involved a formal process of application, scrutiny and approval, which should therefore commence a minimum of 15 months before the contract expiry date.

A.  Extension of contracts B a ckground

T h e Housing Committee agreed in its Act of 12th November 1993, to consider requests by the Health and

Social Services Committee for the extension of J' category housing consents from five years up to seven years for essential' staff in accordance with the criteria for 4xtensiuons described in Appendix 7/1 of the 1992 States Strategic Policy Report.

T h e process

I n presenting cases for extension of contracts to the Housing Committee, as well covering the criteria set out

in Appendix 7/1, the grounds for recommending such extensions MUST fall within at lease one of the following criteria -

( i)  Training

R e c o m mendation for extension should take into consideration whether a local person is currently being

trained to replace the contract appointment and that the period of training will be completed within the requested

extension period.

( ii ) Projects

T h e re commendation relates to a specific fixed term project which would be hindered by a change of

staff and will be completed by the end of the requested extension period.

( ii i)  Logistics

 I t can be clearly demonstrated that it has proved considerably difficult or impossible to replace the

contract employee, both locally and from outside the Island, but that the possibility of replacement may improve during the contract extension.

( iv )  Turnover

T h e t u rnover of contract staff within a particular area would be detrimental to the continuity of quality of

an important service, and phasing the replacement of contract staff over the requested extension period would contribute to maintaining the quality of the service.

B P e rmanent appointment

(i)  Permanent J' Category B a ckground

In 1 9 9 4, the Housing Committee agreed that within Health and Social Services an allocation of up to

seven (increased to 12 in 1998) essential J' Category permanent posts may be appointed each year. Applications are prepared for consideration by the Director of Human Resources for recommendation to the Health and Social Services Committee once a year.

On 4th September 1996, the Health and Social Services Committee reconsidered its policy regarding applications for permanent appointment from its quota of J' Category posts and agreed that it would, in exceptional circumstances, consider applications from staff nurse grade or equivalent (Grade 8 + for paramedical staff).

T h e p r ocess

In p r es enting cases for permanent J' Category appointment the grounds for recommending permanency

must be made under the following headings -

S u b s t an t i al personal contribution to a service which is of significant benefit to the Island S a t is f a ct o r y performance

I n a b il it y t o appoint local person

D  et r im  e n ta l effect of not continuing the employment.

In p r e paring cases for staff nurse grade or equivalent as well as the criteria listed above, managers will

also be expected to demonstrate that it has not been possible to recruit a suitable experienced replacement and that it was difficult to attract or train local people.

W  it h in the Department cases for permanency that fall within the extended provision for staff nurse or equivalent grade should be considered during the extension of contract from five to seven year period of employment. This will of course be subject to change should the Housing Department/Committee alter

their procedure/policy. Other more senior cases may be submitted at an earlier stage. ( ii ) Permanent

B a c k g round

In M  ay 1996 the States approved a new Public Services Recruitment Policy which was adopted to Health

and Social Services in September 1996, the effect of which was to allow for the possibility of non- residentially qualified people to be employed on a permanent basis. The States Human Resources Department to police the policy on its behalf. Within the Health and Social Services Department, the Director of Human Resources has delegated powers in this respect.

E li g ib i lity

(i ) a pplicants must have been continuously resident in the Island for a minimum period of five years

immediately prior to the application and

( ii ) h ave qualified in a profession or trade where it has been demonstrated to the satisfaction of the

Human Resources Department that it is unlikely that sufficient local residents would be available to fill potential vacancies over a period of the following three years.

NOTE:

The arrangements do not extend to previous residents/employees who may have subsequently left the Island. In this respect you are reminded that after expiry of contract such staff will be expected to leave the island for a minimum period of two years before they can be re-employed on a contract basis.

Eligibility relies on continuous residence in the Island; there is no requirement that the individual should have been employed in the public sector for that time.

Conditions attached

The contract of permanent appointment will be issued on the strict understanding that the person who is appointed permanently will -

( i)  not be able to take up controlled accommodation in the Island i.e. J' Category housing; ( ii ) not be permitted to live in hospital owned or leased accommodation.

T h e process for all types of application

A  pplications for under this policy for both existing staff and potential recruits who meet the criteria shall be

the responsibility of Line Managers who should seek approval of the service director.

For existing staff these should be prepared as early as practicable in the fourth year of the existing contract to enable as much notice of the ultimate decision (preferably 12 months) to be given to staff as possible.

A  ll applications should be submitted to the Unit Human Resources Managers for processing, for onward

transmission to the Director of Human Resource. In this respect, managers should noted that the Director is required on behalf of the Committee to scrutinise all applications to ensure that they comply with the established  criteria  and  will,  in  the  case  of  permanent  appointments  submit  his  recommendations  for approval of the Health and Social Services Committee, in the case of contract extensions to the Housing Committee and in the case of permanent non-J' applications approve these on behalf of the States Human Resources Department.

Sous l'Eglise, St Peter - question and answer (Tape No. 741)

The Deputy of St. Peter asked Senator Stuart Syvret, President of the Health and Social Services Committee, the following question -

" W ill the President -

 ( a ) confirm that Sous l'Eglise, St Peter, a property identified by the Civil Aviation Authority and the

Harbours and Airport Committee as being a safety hazard which should be demolished, has recently been refurbished and re-occupied?

( b ) indicate whether a health risk assessment has been carried out by Environmental Health Department

before that decision was taken, and what the findings, if any, were?"

The President of the Health and Social Services Committee replied as follows -

( a ) Sous l'Eglise and its adjoining field 768 are part of the property portfolio bequest to the States by the late

Harold Le Seelleur in accordance with his Will registered on 27th November 1996. At their meeting of 3rd June 1997, the States Assembly approved a report and proposition that the properties be formally administered by the Health and Social Services Committee.

T h e p roperty, consisting of three units of accommodation, was occupied at the time by three families

with leases terminating on 24th December 2001.

T h e H arbours and Airport Committee in its Act No. 5 of 26th February 1997 advised that the property

infringed the Aeronautical Surface (one in seven slope) and that the Civil Aviation Authority (CAA) Report recommended it should be demolished in the future when the house became available. They request that Sous l'Eglise be transferred to the Harbours and Airport Committee in consideration of reasonable refund to the H.E. Le Seelleur Fund.

A g r e e ment was reached between the Harbours and Airport Committee, Health and Social Services and

Planning and Environment Committees in March 2001 that the property be transferred in consideration of £500,000 and that this sum had been set aside in the Planning and Environment Committee's Vote of Credit C0904 Acquisition of Land - Major Reserve'. A report and proposition was prepared for the States and approved by each of the above Committees. However, when sent to the Finance and Economics Committee for approval and lodging with the States, it was decided by that Committee not to approve the funding previously set aside for some years in the Acquisition of Land - Major Reserve' budget and instead ask the Harbours and Airport Committee to fund the acquisition.

D u r in g the period October 2000 to June 2002 the property has been vacant awaiting the decision of the

Finance and Economics Committee to transfer the property with a loss of income to the H.E. Le Seelleur Fund of over £31,000 in lost rental.

In M  a rch 2002 the Health and Social Services Committee agreed that the property be refurbished and

used again for accommodation.

In M  a y 2002 the Health and Social Services Committee approved a plan to use the property for a short-

term only for beachguards on condition that the Tourism Committee funded and carried out minimum essential maintenance work to make the property habitable.

T h e d e cision to fund the transfer of the property is still awaited and further consideration to the use of the

accommodation will be made in September when the beachguards will be leaving.

( b ) The Environmental Health Department would not require a health risk assessment to be carried out unless there is either a change of use or the property were to be re-occupied on a long-term basis in

which case noise would be the chief concern. The demolition of the property is recommended by the

Civil Aviation Report at some time in the future' and that is still the plan but only when the funding of the

transfer has been resolved.

In t h e meantime, as there is no change of use of the property, the Environmental Health Department's

view is that it would be desirable that usage is restricted to the short term, such as that provided by seasonal usage."

Bellozanne works - questions and answers (Tape No. 741)

Senator Stuart Syvret asked the Deputy of St. Peter, President of the Public Services Committee, the following questions -