States Minutes 6th July 2004

THE STATES assembled on Tuesday, 6th July 2004 at 9.30 a.m. under

the Presidency of the Bailiff ,

Sir Philip Bailhache .

His Excellency the Lieutenant Governor,

Air Chief Marshal Sir John Cheshire, K.B.E., C.B., was present.

All members were present with the exception of –

S e nator Wendy Kinnard – out of the Island

S e nator Paul Vincent Francis le Claire – out of the Island

T h omas John du Feu, Connétable of St.  Peter – out of the Island J e remy Laurence Dorey, Deputy of St. Helier – ill

F r ancis Gerald Voisin, Deputy of St.  Lawrence – out of the Island L y ndon John Farnham , Deputy of St.  Saviour – out of the Island J e nnifer-Anne Bridge, Deputy of St.  Helier – out of the Island

Prayers read by the Deputy Greffier of the States. Welcome – His Excellency Mr.  Mel Cappe, the Canadian High Commissioner

The   Bailiff ,  on  behalf  of  all  members,  welcomed  His  Excellency  Mr. Mel  Cappe,  the  Canadian  High Commissioner, to the States.

M. Pierre Aguiton, former President of the Conseil Général de la Manche

The Bailiff informed members of the death of M. Pierre Aguiton, former President of the Conseil Général de la Manche, and that, with Senator Jean Amy Le  Maistre, he would be travelling to France later in the day for the purpose of attending M. Aguiton's funeral.

Deputy of St.  Mary – welcome back

The Bailiff , on behalf of all members, welcomed back to the States the Deputy of St.  Mary following a period of illness.

Subordinate legislation tabled

The following enactments were laid before the States, namely –

Battle of Flowers (Jersey) Order 2004. R&O 62/2004. Gorey Fête (Jersey) Order 2004. R&O 63/2004. Road Traffic (Saint Lawrence) (Amendment No.  17) (Jersey) Order 2004. R&O 64/2004. Medicines (Prescription Only) (Amendment No.  6) (Jersey) Order 2004. R&O 65/2004.

Misuse of Drugs (General Provisions) (Amendment No.  8) (Jersey) Order 2004. R&O 66/2004.

Matters presented

The following matters were presented to the States –

Lord Portsea Gift Fund: report and account for 2003. R.C.32/2004. Presented by the Education, Sport and Culture Committee.

Fiscal Strategy (P.106/2004) – amendments (P.106/2004 Amd.) – comments. P.106/2004. Presented by the Finance and Economics Committee. Amd.Com.

Fiscal Strategy (P.106/2004) – amendments (P.106/2004 Amd.) – comments. P.106/2004. Presented by the Employment and Social Security Committee. Amd.Com.(2)

Composition and Election of the States Assembly (P.115/2004): comments. P.115/2004. Presented by the Privileges and Procedures Committee. Com.

Composition and Election of the States Assembly (P.115/2004): comments. P.115/2004. Presented by the Policy and Resources Committee. Com.(2)

Sale of Properties (P.119/2004): comments. P.119/2004. Presented by the Policy and Resources Committee. Com.

Public and political access to economic models (P.121/2004): comments. P.121/2004. Presented by the Finance and Economics Committee. Com.

THE STATES ordered that the said reports be printed and distributed.

Matters lodged

The following matters were lodged "au Greffe" –

An Alcohol Strategy for Jersey (P.110/2003): amendment. P.110/2003. Presented by Deputy G.W.J. de Faye of St.  Helier. Amd.

Draft The Law Society of Jersey Law 200- (P.154/2003): second amendments. P.154/2003. Presented  by   Deputy  R.G.  Le  Hérissier  of  St.  Saviour,  and  referred  to  the Amd.(2) Presented by the Legislation Committee.

Draft  Stamp  Duties  and  Fees  (No.  3)  (Jersey)  Regulations  200-  (P.53/2004): P.53/2004. second amendment. Amd.(2) Presented by the Finance and Economics Committee.

Sale of Properties (P.119/2004): amendment. P.119/2004. Presented by Deputy P.N. Troy of St. Brelade, and referred to the Housing Amd. Committee.

Appointments Commission: re-appointment of member. P.127/2004. Presented by the Policy and Resources Committee.

Draft Unlawful Public Entertainments (Jersey) Regulations 200-. P.128/2004.

Presented by the Home Affairs Committee.

Draft Social Security (Amendment No.  14) (Jersey) Law 2000 (Appointed Day) P.129/2004. Act 200-.

Presented by the Employment and Social Security Committee.

Minimum Wage: proposed rates. P.130/2004. Presented by the Employment and Social Security Committee.

Draft Employment (Minimum Wage) (Jersey) Regulations 200-. P.131/2004. Presented by the Employment and Social Security Committee.

Draft Nursing and Residential Homes (Amendment No.  2) (Jersey) Law 200-. P.132/2004. Presented by the Health and Social Services Committee.

Fields 181, 182 and 183, St.  Peter: restriction on development. P.133/2004. Presented by the Deputy of St.  Peter.

Draft Stamp Duties and Fees (No. 3) (Jersey) Regulations 200-: withdrawn

THE STATES granted leave to the Vice President of the Finance and Economics Committee to withdraw the draft Stamp Duties and Fees (No.  3) (Jersey) Regulations 200-: amendment, (P.53/2004.Amd. lodged "au Greffe" on 8th June 2004), the Committee having lodged a revised amendment, (P.53/2004 Amd.(2)), at the present meeting.

Arrangement of public business for the next meeting on 20th July 2004

THE STATES, adopted a proposition of Senator Michael Edward   Vibert that the proposition of the Deputy of St.  Martin concerning the Composition and Election of the States Assembly, (P.115/2004 lodged"au Greffe" on 15th June 2004), be not considered on 20th July 2004.

Members present voted as follows –

POUR: 29 CONTRE: 14 ABSTAIN: 0

Senator J.A. Le  Maistre Senator S. Syvret Senator L. Norman Senator F.H. Walker Senator T.A. Le  Sueur Senator P.F. Routier Senator M.E.   Vibert

Senator P.F.C. Ozouf

Senator E.P.   Vibert Connétable of St. Martin Connétable of St. Ouen Connétable of St. Saviour Connétable of St. Brelade Connétable of St. Mary Connétable of St. Clement Connétable of St. Helier Connétable of St. Lawrence Connétable of Grouville

Senator R.J. Shenton Deputy of Trinity

Deputy R.C. Duhamel (S) Deputy J.J. Huet (H) Deputy of St.  Martin Deputy P.N. Troy (B) Deputy C.J. Scott - Warr en (S)

Deputy R.G. Le  Hérissier (S)

Deputy J.B. Fox (H) Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy P.J. Ryan (H) Deputy M.A. Taylor (C) Deputy of St.  Peter

Connétable of St. John Deputy A. Breckon (S) Deputy of St.  John

Deputy T.J. Le  Main (H) Deputy G.C.L. Baudains (C) Deputy J.A. Bernstein (B)

Deputy S.C. Ferguson (B)

Deputy of St.  Ouen Deputy of Grouville Deputy J.A. Hilton (H) Deputy G.W.J de Faye (H)

THE STATES confirmed that the following matters lodged "au Greffe" would be considered at the next meeting on 20th July 2004 –

An Alcohol Strategy for Jersey. P.110/2003. Lodged: 15th July 2003.

Health and Social Services Committee.

An Alcohol Strategy for Jersey (P.110/2003): comments. P.110/2003. Presented: 9th September 2003. Com. Finance and Economics Committee.

An Alcohol Strategy for Jersey (P.110/2003): amendment. P.110/2003. Lodged: 6th July 2004. Amd. Deputy G.W.J. de Faye of St.  Helier.

Draft Stamp Duties and Fees (No.  3) (Jersey) Regulations 200-. P.53/2004. Lodged: 6th April 2004.

Finance and Economics Committee.

Draft  Stamp  Duties  and  Fees  (No.  3)  (Jersey)  Regulations  200-  (P.53/2004): P.53/2004. second amendment. Amd.(2) Lodged: 6th July 2004.

Finance and Economics Committee.

Draft Act annulling the Island Planning (Designation of Sites of Special Interest) P.109/2004. (No.  9) (Jersey) Order 2004.

Lodged: 1st June 2004.

Deputy L.J. Farnham of St.  Saviour.

Mr.  William  Richmond-Pickering:  acceptance  of  bequest  and  establishment  of P.117/2004. Rivington Travelling scholarship.

Lodged: 22nd June 2004.

Education, Sport and Culture Committee.

Sale of properties. P.119/2004. Lodged: 22nd June 2004.

Housing Committee.

Sale of Properties (P.119/2004): comments. P.119/2004. Presented: 7th July 2004. Com. Policy and Resources Committee.

Sale of Properties (P.119/2004): amendment. P.119/2004. Lodged: 6th July 2004. Amd. Deputy P.N. Troy of St.  Brelade.

Draft Jersey Association for Mental Health and Jersey Schizophrenia Fellowship P.120/2004. (Integration with Jersey Focus on Mental Health) (Jersey) Law 2003 (Appointed

Day) Act 200-.

Lodged: 22nd June 2004.

Health and Social Services Committee.

St.  Clement's Primary School: approval of drawings. P.125/2004. Lodged: 29th June 2004.

Education, Sport and Culture Committee.

Court and Case Costs: investigation by Legal Budgets Limited. P.126/2004. Lodged: 29th June 2004.

Deputy A. Breckon of St.  Saviour.

Appointments Commission: re-appointment of member. P.127/2004. Lodged: 6th July 2004.

Policy and Resources Committee.

Draft Social Security (Amendment No.  14) (Jersey) Law 2000 (Appointed Day) P.129/2004. Act 200-.

Lodged: 6th July 2004.

Employment and Social Security Committee.

Minimum Wage: proposed rates. P.130/2004. Lodged: 6th July 2004.

Employment and Social Security Committee.

Draft Employment (Minimum Wage) (Jersey) Regulations 200-. P.131/2004. Lodged: 6th July 2004.

Employment and Social Security Committee.

Draft Nursing and Residential Homes (Amendment No.  2) (Jersey) Law 200-. P.132/2004. Lodged: 6th July 2004.

Health and Social Services Committee.

Draft Regulation of Investigatory Powers (Jersey) Law 200- (P.89/2003) – withdrawn

THE STATES noted that, in pursuance of Standing Order 17(6), the following matter lodged "au Greffe" was deemed to have been withdrawn –

Draft Regulation of Investigatory Powers (Jersey) Law 200-. P.89/2003. Lodged: 24th June 2003.

Home Affairs Committee.

Termination of pregnancy – questions and answers

The Deputy of Trinity tabled the following written questions of Senator Stuart Syvret, President of the Health and Social Services Committee –

" 1 . Following recent concern in the U.K. concerning the case of a 14 year old girl who had an abortion arranged by a 21 year old school health worker without the consent of her mother, would the President

inform members whether children in Jersey are being given abortions and related advice and treatment without

parental consent or knowledge, and, if so –

(a ) i s it legal in Jersey to do so without the parents' knowledge or consent? (b ) w hat are the relevant age restrictions?

(c ) w hat counselling is given before and after the abortion?

(d ) w hat guidelines exist?

( e ) w hat steps are taken to investigate and submit relevant evidence to the Attorney General for

possible prosecution of the person who has unlawfully impregnated the under-age girl? and,

(f ) w hat statistics are kept and are these publicly available?

2 .  I s the Committee satisfied that the activities of the Brook Advisory Centre, the General Hospital, the

family planning clinics at the Le Bas Centre and general practitioners comply with Jersey law, particularly in relation to the issue of the morning-after pill to children under the age of 16, (Levonelle- 2), or other abortion-inducing drugs, (such as RU486), or other forms of contraception, abortion, medical advice and treatment in connection with under-age sexual intercourse? In particular, is the strong drug Levonelle-2 considered to be contraceptive or abortifacient, and is the Brook Advisory Centre able to give it lawfully to children under 16?"

The President of the Health and Social Services Committee tabled the following written answers –

" 1 . Young women under the age of 16 are given termination related advice and treatment in accordance with the Termination of Pregnancy (Jersey) Law 1997. Since the introduction of this Law, 32 procedures have been carried out on young women under the age of 16 and of these 4 have been without parental consent or knowledge. These young women had an adult to care for them and all were over the age of 14 years.

( a) I t is legal under the current law provided that the girl demonstrates Gillick-competence' – as

outlined in the Fraser Guideline.

(b ) T here are no age restrictions, if the girl is competent and able to understand the implications of the

procedure – in other words, is Gillick-competent', as outlined above. No termination has been carried out in Jersey on young women under the age of 14 years since 1997 when the Termination of Pregnancy (Jersey) Law 1997 came into force.

(c ) A rticle 3 of the Termination of Pregnancy (Jersey) Law 1997 states that the medical practitioner

must provide written information about the counselling services available. (This is not a pre- requisite in the U.K.)

A ll w o m e n attending for termination are offered the opportunity to see a counsellor at the

outpatients clinic, and are offered counselling after the (termination) surgery if they so wish. For young women under the age of 16 counselling is mandatory.

T h e f o llowing information is provided as outlined in the Termination of Pregnancy (Jersey) Law 1997 – at th e fi rs t c o nsultation all women are given written information concerning –

( i) t h e st atutory rights and entitlements of, and benefits available to, families, mothers and

children;

(i i) t h e co u nselling services available to a pregnant woman wishing to have a termination,

(i ii ) t h e o p portunities for adoption for the child, if born, and (i v ) th e n a m es and addresses of approved places; and

(v ) i f f o l lo wing the first consultation, the pregnant woman still wishes to have a termination she must,  not  less  than  seven  days  after  that  consultation,  consult  an  approved  registered

medical practitioner who is authorized to carry out terminations (the second consultation').

T h i s p re-decision process provides the woman with a higher standard of care than that available in the

U.K.

A l l w o men are given the telephone number of the counsellor to take home with them to enable them to

access counselling if they need it.

I n ad d ition, all young women under the age of 16 are seen by a Consultant Child and Adolescent

Psychiatrist.

( d ) All practitioners have a copy of the Termination of Pregnancy (Jersey) Law 1997. British Medical

Association (BMA) and General Medical Council (GMC) guidelines exist for all medical practitioners and these guidelines include the Fraser Guidelines which are specific to this issue and cover Gillick Competence'. As per Gillick Competence' when consulted by a minor requesting abortion, or any other procedure, the Doctor will

c o n si d e r w h e ther the young woman understands the potential risks and possible longer term effects

of the proposed termination / treatment;

c o n si d e r w  h ether the young woman has sufficient maturity and competence to make this decision

and  give a valid consent;

m a k e every attempt to encourage the young woman to discuss her situation with her parents but provide

reassurance that confidentiality will be maintained. The importance of support before and after the termination is discussed.

( e ) Issues related to child welfare, and unlawful intercourse are referred to the Child Protection Officer who

will follow the appropriate process with regard to involving other agencies such as the police.

( f ) Article Nine of the Termination of Pregnancy (Jersey) Law 1997 states that the Medical Officer of

Health shall lay before the States, every calendar year, a report upon the operation of this Law in the preceding calendar year which shall include such information as may be prescribed'.

A l l s ta tistics are kept by Health and Social Services and are forwarded to the Medical Officer of Health.

These include the following details: age, marital status, previous pregnancies, residential status, and gestation of pregnancy.

2 . A ll relevant agencies and practitioners comply with the Termination of Pregnancy (Jersey) Law 1997. In

relation to the morning after' pill, if the young woman demonstrates Gillick competence', emergency contraception (for example, Levonelle – 2) is prescribed.

I f a g irl is presenting with a request for emergency contraception appropriate advice is given on all

aspects of sexual health. Levonelle – 2 is regarded as contraceptive rather than abortifacient as it is taken usually within 72 hours of unprotected intercourse – in other words, before implantation has occurred.

A b o r ti ve inducing drugs such as RU486 are not prescribed as a method of emergency contraception. This

would only be given as part of a medical termination and these are rarely offered in Jersey and only under the certification as outlined in the Termination of Pregnancy (Jersey) Law 1997."

Matters relating to sex education – questions and answers

The Deputy of Trinity tabled the following written questions of Senator Michael Edward   Vibert , President of the Education, Sport and Culture Committee –

" 1 . Is sex education in our schools (and other agencies such as the Brook Advisory Centre which are supported by the States) aimed at teaching pupils to delay sexual relations until attaining the age of consent (or, preferably, until marriage) or does it seek to undermine the law and their childhood, and endanger their sexual health, by promoting "safe sex" albeit under-age?

2 .  I s it considered that the above matters serve to promote under-age sexual intercourse and encourage teenage pregnancy and the significant increase in sexually transmitted diseases that is being witnessed?"

The President of the Education, Sport and Culture Committee tabled the following written answers –

" 1 . The main objective of sex and relationship education in our schools is to help and support young people through their physical, emotional and moral development.

A t a n appropriate age, pupils are taught to understand human sexuality, to appreciate the value of stable

relationships, to learn the reasons for delaying sexual activity and to recognise the benefits to be gained from such delay.

A s p a rt of the programme, secondary pupils are given advice on matters relating to sexual health and

factual information about safer sex. To encourage responsible behaviour, they are also made aware of the law in relation to sexual activity and informed about locally available confidential services.

2 .  E ffective sex and relationship education does not encourage early sexual experimentation. It helps young

people to acquire and develop the knowledge, skills and understanding they need to deal with the many different and often conflicting pressures they face today. Given the problems associated with teenage pregnancy and the reported increase in sexually transmitted diseases, it is appropriate for secondary schools to provide education about contraception."

Nursery and child care provision – question and answer

Deputy Roy George Le Hérissier of St. Saviour tabled thefollowing written question of Senator Michael Edward Vibert , President of the Education, Sport and Culture Committee –

"W  ould the President state what impact the provision, by the Committee, of early nursery education is having upon other child care provision? What policies are in place to ensure that the total availability of such provision is not seriously jeopardised?"

The President of the Education, Sport and Culture Committee tabled the following written answer –

" 1 . Range of child care provision

      T h ere is a complex and interconnected range of provision for child care in Jersey, as illustrated by the

following graph which profiles the number of places within States' provided schools (nursery classes) and the various classifications of registered providers.

N u r s er y classes in provided schools offer full and part time places for children aged 3+. They are staffed

by a qualified nursery teacher and nursery officers. Wrap-round care after school and during the holidays is an option that is being piloted at Janvrin School from September 2004 in partnership with Centrepoint Trust.

P r ofile of Nursery Classes and Registered Childcare in Jersey

1200 Grouville St. Peter St. Ouen

St. Lawrence 5% 5% 4% St. Martin

Day

1000 9% Playgroups 4% Tr3in%ity

5%

St. ClemNenutrseries

ESC Nursery Classes (based on

FPTlaEy)care St. John 3%

800 PSFalcahmyeilmy eDsay St.2M%ary Care

St. Brelade

60012%

400

St. Saviour St. Helier 15% 33%

200

Figure * Population by Parish

0

1970 1972 1974 1976 1978 1980 1982 1984 1986 1988 1990 1992 1994 1996 1998 2000 2002

1 . 2 The classification of providers, for purposes of registration under the Children's (Jersey) Law 1969, Part

VII, are as follows –

D a y N urseries – p r o vide full day care for children of a wide age range, which may include babies.

Hours of opening usually accommodate the needs of working parents and a lunch and  snack  service  is  provided.  Many  establishments  offer  an  all  year  round service from Monday to Friday, closing only on Bank Holidays and for short periods at Christmas and Easter.

P l a y g roups – o f fe r sessional care for a period of no more than five hours. Children attend

playgroup  between  the ages  of  two  and  five  years.  Playgroups  may refer  to themselves  as  nurseries,  nursery  schools,  kindergartens  or  playgroups.  Some groups follow school times of opening whereas others are open all year round.

P la y c a re – p r o v i d es for children from school entry up to the age of twelve years to meet the

needs of working parents before and after school and during the school holidays. Playcare  may  occur  in  a  variety  of  settings,  such  as  school  premises,  day nurseries, children's centres, community centres or church halls. The hours of opening  vary  in  accordance  with  the  type  of  service  offered.  This  may  be breakfast club, a before and after school facility, a school holiday club or a combination of these services.  Some playcare services include a homework club.

P la y S chemes – p r o vide playcare during the Easter and Summer school holidays for children age 5

to 11+ years. They are based in schools across the Island and can accommodate up to 480 children. Parents pay a means tested fee for their children to attend with approximately 10% of children offered places at no cost.

   T  h e c h i ld r e n a re o f fe r e d a wide range of activities including sports, art and craft,

visits to the beaches, parks and quiet activities and games.

F a m i ly Day Care –  o ffers care to children in the family day carer's own home.

  A   m a x im  u m  o f 6 c h i ld r e n under the age of 14 may be cared for at any one time of

which no more than three may be under the age of five years.

2 .  Trends in child care provision

      W  hile various interpretations may be drawn from the data, certain significant trends are apparent –

(a ) t he growth in nursery places in provided schools gives continued effect to the former Education

[1]

Committee's policy , agreed in October 1989, to provide nursery classes at each of its provided primary schools.  Nursery classes are now provided or planned at the following schools –

No. of places

Bel Royal 30 First Tower 40 Grands Vaux 30 Grouville 30 Janvrin 30 La Moye 30 d'Auvergne 30 Le  Squez 30 Mont Nicolle 30 Plat Douet 30 Rouge Bouillon 30 St.  Clement 30 St.  John 30 St.  Lawrence 30 St.  Mark 25 St.  Martin 30 St.  Saviour   30

510

Opened

2002

1996

1985

2000

(from September 2004) 2003

(from September 2005) 1998

2003

1998

1985

(from September 2006) 1997

1991

1989

1992

1993

( b ) the majority of these nursery classes have been developed in conjunction with the redevelopment or

refurbishment of primary schools through the Committee's capital development programme;

( c ) the increase in the number of places available in the Committee's nursery classes has been matched by a

proportionate increase in the number of places available in Day Nurseries, the majority which are privately provided.  Others are operated by not for profit organisations or, in the cases of Avranche and Westmount Nurseries, supported by the Parish of St.  Helier;

( d ) there has, following a period of consistent growth up to the mid 1990's, been a subsequent decline in the

number of Playgroups, which is unlikely to be attributable to the increased number of places available in States' nursery classes, although it may be effected by the increased number of places in day nurseries as a consequence of the variety of provision made by that sector;

( e ) following an increase in the number of registered places available from 1989-1995, the availability of

Family Daycare places has remained stable, although demand for these places reduced significantly in 2003;

(f )  the  number  of  Playcare  places  has  increased  significantly  in  the  last  four  years,  following  the

requirement to register, while, following a peak in 1997, the number of places in Play Schemes has declined.

2 . 2 It can be argued that, due to the complexity of provision, it is difficult to isolate one factor, such as the impact of the Committee's provision for nursery education, on other particular forms of provision. However, it is reasonable to assume that the increase in the number of places for children aged 3½ in the

Committee's nursery classes from 30 places in 1985 to 510 places in 2003 has had an impact on the nature and

distribution of other provision, particularly at a time when demographical change is also impacting on the number of children for whom placement is sought.

3 .  Review of the Committee's investment in Early Years provision

3 . 1 The Committee is concerned to ensure high quality early years' provision, not least because of the

beneficial impact which this has on individuals' throughout their lifetimes (see Appendix). The Committee considers it to be essential that the needs of the child in terms of personal, social and educational development is held to be paramount although meeting the needs of parents and other carers must also be given careful consideration.

3 . 2 The Education, Sport and Culture Committee acts as the political sponsor for the Jersey Child Care

Trust. The Trust, which was established in 1997, following the adoption by the States of a proposition by the Education Committee (P.244/1996)[2], is charged to co-ordinate, promote and facilitate

expansion of child care provision in the Island. The achievements of the Trust towards realising its purpose and, in particular, the ambitious programme which was approved by the States in October 2001 [3]

, have been charted in its annual reports and a recently published report on progress towards the achievement of aims and objectives detailed in its Strategic Plan.

 3 . 3 However, the Education, Sport and Culture Committee, recognising the complexity of early years

provision, its significance and cost, has initiated a comprehensive review of its investment in this area. The terms of reference for the review are –

" T o   u n d e rtake a mid-term review of the Jersey Child Care Trust Five Year Strategy, and the funding, responsibilities and purposes of the Trust in relation to the overall strategy for early years and childcare in Jersey and to make recommendations to the Education, Sport and Culture Committee with regard to –

th e n ee d fo r an overall strategy based on integrated working to support children and families;

c r ea t i n g c l a rity and focus regarding the roles and responsibilities of different departments and

organisations in developing the strategy and achieving its aims."

 3  . 4 The review is well advanced and it is planned that the Committee will receive the report and its

recommendations on 20th July. On that date, it will also be presented to the Partnership Group for Early Years Care and Education, which includes representatives from Private Sector providers, Departments for Employment and Social Security, and Education, Sport and Culture and parents' representatives nominated by Jersey Child Care Trust.

3 .5 The Committee considered it to be essential that the review be undertaken by an independent

practitioner and it is being led by Jenny Spratt, who is responsible for nursery education and care in Peterborough, which is recognised for excellence in early years' provision through its status as a "Beacon Authority". We are confident that the report will offer clear advice to the Committee in order that it might consider and determine its future policy in respect of this important area of activity.

Appendix

The Effective Provision of Pre-School Education (EPPE) Project*

T h e Institute of Education, University of London, University of Oxford and Birbeck College, University of

London have recently completed the first major European Longitudal study of a national sample of young children's intellectual, social and behavioural development between the ages of 3 and 7. In addition to investigating the effects of pre-school provision on young children's development EPPE explores the characteristics of effective practice and has demonstrated the positive effects of high quality provision on children's development.

K  ey findings

I m pact of attending a pre-school centre –

( a ) Pre-school experience, compared to none, enhances children's development.

(b ) The duration of attendance is important with an earlier start being related to better intellectual

development and improved independence, concentration and sociability.

( c ) Full time attendance led to no better gains for children than part-time provision.

( d ) Disadvantaged children in particular can benefit significantly from good quality pre-school experiences,

especially if they attend centres that cater for a mixture of children from different social backgrounds.

T h  e quality and practices in pre-school centres –

( a ) The quality of pre-school centres is directly related to better intellectual/cognitive and social/behavioural

development in children.

( b ) Good quality can be found across all types of early years settings. However quality was higher overall in

integrated settings, nursery schools and nursery classes.

( c ) Settings which have staff with higher qualifications, especially with good proportion of trained teachers

on the staff, show higher quality and their children make more progress.

 W  here settings view educational and social development as complementary and equal in importance,

children make better all round progress.

( d ) Effective pedagogy includes interaction traditionally associated with the term "teacher", the provision of instructive learning environments and sustained shared thinking' to extend children's learning.

* T h e full text of the EPPE Report is available from the States of Jersey Department for Education, Sport and Culture – contact Mrs. Y. Thebault 509426."

Complaints procedures – questions and answers

Deputy Roy George Le  Hérissier of St.  Saviour tabled th efollowing written questions of Senator Stuart Syvret, President of the Health and Social Services Committee –

" 1 . What is the policy for dealing with formal complaints in respect of the Committee's services?

2 . W hat time limits are placed upon the investigation and resolution of such complaints?"

The President of the Health and Social Services Committee tabled the following written answers –

" 1 . The policy for dealing with complaints is –

H e alth and Social Services policy entitled Service User Comment and Complaint Policy and Procedure'.

T h is is a comprehensive policy which provides guidance on roles and responsibilities to Health and Social

Services employees in regard to the complaints pathway. Its aims are –

( i)  To ensure easier and simple patient access to the complaints pathway. (A patient information leaflet is

available to be used as an adjunct to the policy.)

( ii ) To ensure that complaints processes are fair, impartial and consistent throughout the organisation. ( ii i) To ensure that complaints are resolved quickly.

( iv ) To ensure that effective improvements can be made within the organisation in response to the outcomes

(or lessons learnt') of complaints.

2 .  T he time limits will depend on the nature of the complaint, that is –

V e r b al complaints must be dealt with either on the spot or within two working days.

W  ri tt e n complaints require an acknowledgement of receipt within two working days. Health and Social

Services will then endeavour to provide the complainant with a full formal written response within 20 working days.

If a c o mplainant is dissatisfied with the response, he/she may write to the Directorate Manager to request

a review. This request will be acknowledged within two working days of receipt. The Chief Executive and a nominated member of the Health and Social Services Committee will review the complaint and provide the complainant with a formal written response within two months."

Implementation of the recommendations of the 2001 HMI of Prisons' report and the Young Offenders Institution rules and Prison rules – question and answer (Tape No. 932)

Deputy Jennifer-Anne Bridge of St.  Helier tabled the following written question of the Connétable of St.  Ouen Vice-President of the Home Affairs Committee –

" W ould the Vice-President outline progress to date –

( a ) on the recommendations that arose from the Report of Her Majesty's Chief Inspector of Prisons 2001. To

what extent is the implementation of these recommendations on target?

( b ) on the implementation of the Young Offenders Institution rules and Prison rules identifying the proposed

timetable for implementation?"

The Vice-President of the Home Affairs Committee tabled the following written answer –

" ( a) Her Majesty's Chief Inspector of Prisons made 147 recommendations in the 2001 inspection report. When the previous Prison Governor left his post at the end of May, he had addressed 122 of the recommendations although action on some is ongoing. There are a further 10 recommendations that are specific to the Women's Wing; these have been addressed in the new Women's Wing, construction of which will commence in 2005. The Home Affairs Committee is therefore satisfied with the progress that has been made on implementing the Inspection Report recommendations. The new Prison Governor takes up his post on the 2nd August 2004. The Committee will be asking him to audit the implementation plan at an early stage and provide a revised implementation plan for those actions that are either ongoing or outstanding.

( b ) Implementation of the Young Offenders' Institution Rules and Prison Rules has been delayed pending

the receipt of advice from H.M. Attorney General on the question of whether to appoint an Adjudicator to replace the Prison Board of Visitors to adjudicate on matters concerning the discipline of prisoners, in particular where the loss of remission is concerned.  Once this issue has been resolved, the Rules can be brought into effect."

Constitution of the Assemblée Parlementaire de la Francophonie – question and answer

The Deputy of St.  John tabled the following written question of the Connétable of St. Ouen, President of th Assemblée Parlementaire de la Francophonie –

" T he Assemblée Parlementaire de la Francophonie is currently a cross section of French speaking States members. Would the President confirm that this arrangement will not change in any way under the ministerial government? If not would he give details of the changes that are envisaged?"

The President of the Assemblée Parlementaire de la Francophonie tabled the following written answer –

" I am happy to give the Deputy the reassurance he is seeking about the future of the Jersey Branch of the Assemblée Parlementaire de la Francophonie (APF).

T h e APF is very much a parliamentary' organisation as its name implies and it is important that, under the

ministerial system, it remains representative of the Assembly as a whole and does not simply become part of the Executive arm of government. In Parliaments around the world where there is a government and opposition system it is, of course, traditional for Branches of international parliamentary bodies such as the APF or the Commonwealth Parliamentary Association to include representatives from all parties, and delegations to conferences are selected to reflect this balance.

A  s the Deputy points out in his question the Jersey Branch of the APF currently includes a cross section of

members, with the Executive Committee appointed by the States after each election. I see no reason why this should change under the new system of government. Although it is important for members involved in the APF to have a working knowledge of French I trust that in the future the Executive Committee will include some Ministers and/or Assistant Ministers as well as members involved in scrutiny and other backbench' members.

M  embers will be aware of moves to improve the co-ordination of links with France as set out in the recent

report of the Working Party looking into this matter. I believe that the value of the APF as a way of promoting Jersey's interests on the international stage has possibly been underestimated by some in the past. It is worth pointing out that Jersey can be represented at APF conferences alongside delegates from France, Canada, Switzerland, Belgium and many other European and African countries and I am sure this is very valuable as Jersey develops its own position on the international stage.

I a m hopeful that the role of the APF can be enhanced through greater co-ordination of all Jersey's links with France (and other French speaking countries) so that the overall benefit to the Island of the work of the APF,

the Commission Amicale and the proposed Groupe d'Etudes with the French National Assembly and Senate can

be maximised."

Oral questions

Deputy Geoffrey Peter Southern of St.  Helier asked the following question of the President of the President of the Policy and Resources Committee –

"W ill the President inform members of the ratio between manual workers and civil servants

employed in the public sector in the following categories –

o v er a l l totals;

p o st s t o be shed in the visioning project over the next five years; and p o st s t o be lost as a result of the 2005 FSR process".

Deputy Gerard Clifford Lemmens Baudains of St.  Clement asked the following question of the President of the Environment and Public Services Committee –

"W ill the President advise when work is due to start on Field 40 and the Hodge 2' sites in

St.  Clement and will he also advise when the Committee intends issuing revised figures for the estimated number of homes required to be supplied?"

The Deputy of St.  John asked the following question of the President of the Policy and Resources Committee –

" W ould the President advise whether the Committee intends to take action to prevent the flying of flags other than the Jersey flag or the Union flag from the flag pole on the old Harbour Office, which is under the administration of the Waterfront Enterprise Board Limited?"

Deputy Geoffrey Peter Southern of St.  Helier asked the following question of the President of the Education, Sport and Culture Committee –

" I s the Committee aware of any acoustic and soundproofing problems associated with the new Hautlieu classrooms, and, if so, will he inform members –

h o w m uch was saved on building costs by reducing standards on sound insulation and ceilings,

if any? and,

w  hat measures are proposed, if any, and at what current cost, to remedy any such problems?"

Deputy  Roy  George Le  Hérissier  asked  the  following  question  of  the  President of  the Policy and Resources Committee –

" W ould the President confirm whether the Property Study, which it has recently commissioned, will deal comprehensively with the issue of disabled access to all States' buildings?"

Deputy Roy George Le  Hérissier of St.  Saviour asked the following question of the President of the Environment and Public Services Committee –

"W ould the President outline when it is intended to split the current Environment and Public

Services Committee in line with the proposition, (P.70/2002), which established the current structure?"