Jersey Community Relations Trust

STATES OF JERSEY

r

JERSEY COMMUNITY RELATIONS TRUST

Lodged au Greffe on 12th August 2003 by the Policy and Resources Committee

STATES GREFFE

PROPOSITION

THE STATES are asked to decide whether they are of opinion

to a p prove the establishment of "The Jersey Community Relations Trust", as set out in the report dated

22nd July of the Policy and Resources Committee, the aim of which is to seek to eliminate discrimination on any ground including, but not limited to, grounds of colour, race, nationality or ethnic or national origins, gender or sexual orientation, disability, and age, by promoting good relations between all members of society, and seeking to achieve equality of treatment and opportunity within our community.

POLICY AND RESOURCES COMMITTEE

REPORT

Background

In  1996,  the  States  charged  the  Policy  and  Resources  Committee  with  2  responsibilities  concerning  racial discrimination –

(a ) to take necessary steps to implement appropriate legislation and;

(b ) to encourage more enlightened attitudes through education and a promotional campaign.

Part  (a) was progressed almost immediately, with an officer being seconded with the specific task of drawing up a brief for the Law Draftsman. However, work in earnest on part  (b) was not begun until October 1999, when the Policy and Resources Committee sponsored a forum on racial discrimination. The report of the forum, which was attended by over 90 people from both the public and private sector, posited that racial discrimination was a growing problem in the Island, and although not as grave an issue as in other jurisdictions, measures to curb racial discrimination needed to be put in train.

Consequently, under the auspices of the Policy Resources Department, a steering group and working groups were set up to research specific areas which had been identified at the forum as being either causes of racial problems, or ways to mitigate racial attitudes and promote cultural integration. These working groups informally became known as the "Racial Discrimination Forum 2000" (Forum).

The Steering Group Committee

• N isha Bismillah, Policy and Resources Department (Chair)

• M ichael Wavell

• R ev. Bill Matthews (One World Week)

• D aniel Wimberley (One World Week)

• Ja son Lane (Policy and Resources)

The Steering Group Committee met with the leaders of the Working Groups bimonthly and co-ordinated the work overall.

The Forum's Working Groups

Each Group consisted of 6 to 10 people, and over a year the groups met twice monthly, many in the evenings. The groups were again comprised of both public and private individuals from within the local community, including civil servants, voluntary agency workers, interested individuals, politicians and senior school students, all of whom volunteered their time towards this initiative. The leaders of the working groups were –

Group leader

1. R e s earch and Information

M r s . Iris Le Feuvre and Mr. Richard Tremellen-Frost

2. P u blicity and the Media M r . C olin Powell
3. C i tizenship andLanguage R e v . Chris White
4. E d ucation

M r . J immy Johns

5. H o using

M r . R ui De Abreu

6. V o luntary Organisations M r . D aniel Wimberley
7. E mployment and Learning Opportunities M r s . Melanie Cavey

(viii)  L egislation

S e n at or Wendy Kinnard

Working with a budget of £5,000 from the Policy and Resources Committee, some of the work the groups have initiated, endorsed or already completed is as follows –

1. A written Jersey Citizens Charter involving rights and responsibilities.
2. A Code of Conduct in the Workplace (the results of a questionnaire which was sent to 70 Island companies with the majority ofcompanieswelcoming a Code), modelled after the Commission for Racial Equality in theUnitedKingdom Code.
3. T h reeresearchprojects –

(i ) s ix Focus Groups of the Portuguese Community (conducted by ACET Jersey);

• a d u l ts with 10 years or more residency,

• a d u l ts with 20 years or more residency,

• f a rm   workers,

• h o t e l workers,

• i n m a tes at La Moye Prison,

• 6 t h F orm students;

(i i) M u seum Curator Initiative – documenting the Portuguese experience in Jersey (joint project with

Jersey Museum);

( ii i ) a feasibility study looking at the problem of Portuguese translations in the public sector

(commissioned by the Policy and Resources Committee).

4. Id e ntification of projects already in existence in the Island by various voluntaryagencies and where there is a gapin services, and need for further services.
5. S u ccessfully lobbied for, and drafted 3 ethnic-relatedquestions in the2001Censusto ascertain much- needed data.
6. S u pported an initiative by the SwedishHonoraryConsul for the Police to draft guidelines forpeople housing foreign-speakingstudents.
7. Id e ntified the need for a "WelcomePack" in various languages tobe drafted fornewseasonalworkers.
8. V i sited and gave lectures toschoolstudentsabout racial discrimination and encouraged the issuetobe discussed in various course subjects (e.g. ReligiousEducation, Citizenship).
9. C o untryComparison Analysis – looked athow countries such as Germany, Switzerland and Swedendeal with the subject and whatJerseycanlearn from them.

What was also significant was that, although the working groups had intended to only focus on the issue of race, other areas of discrimination in the Island were constantly being brought to their attention, notably with regard to age, gender, and disability.

After more than a year's work on such projects, the steering group met with the group leaders to discuss how the good work started could best continue; how progress should be made with the many other identified areas of discrimination, and how the enthusiasm of the members and the momentum of the groups could be maintained. It was concluded that the Forum had done as much work as it could and that a permanent structure, with political backing and financial resources, was necessary to continue and, without this, initiatives and incentives could only be continued in the present relatively fragmented manner. The Forum further concluded that a body, similar to the Child Care Trust, should be established and known as "The Jersey Community Relations Trust". This Trust would be able to fulfil functions which neither Government nor any other collective body at present are able to fulfil, by continuing the work of the Forum, supporting existing and developing novel community projects and, moreover, supporting and complementing, through communication and education, the aims of any proposed anti- discrimination legislation, such as the proposed Race Discrimination (Jersey) Law.

Following further exploratory work, the following proposals (summarised here) were submitted to the Policy and Resources Committee, at its meeting of 14th June 2001, for consideration –

The need for a co-ordinating body

1. T h ere is a need to tackle the issueof racial and other formsof discrimination before it becomes a more serious problem. Discrimination in its gravest situation can be manifested inviolence,andleadtoother social problems.Although racial andother discriminatory incidents in the Island maybeperceived to be few, thelevel of unprovokedattacks, both verbal andphysical,onvulnerablegroups is on the increase. The Forum'sworkconfirmed this fact.
2. A l thoughRacial Discrimination legislation isunderway, a clear and independent mechanismisrequired to co-ordinate the communicationandeducationwork in this area. A single co-ordinatingbodywould, along with other relevant individuals and organisations, not only be able to play a major role in supporting the aimsof this legislation when itcomes into being, butalso any future legislation regarding gender, disability oragediscrimination.
3. G i ven the present enthusiasm of the volunteerswho have worked within the Forum,every effort must be made to harness their hard workandencouragetheir efforts, to keep this momentum. This is after all, a Jersey initiative for the community by the community.
4. T h e Island is a party, through the United Kingdom,to a numberof international conventionswhich embrace non-discrimination ideals, and assuch,itis essential that measuresaretaken to uphold these principles and to comply with the responsibilities and obligations of these conventions. In responseto international political enquiries, reference has been madeof the workofthe Forum and its working groups andassurancesgiven that such work will continue to bedeveloped.

The benefits of a trust

1. Im  proved strategic direction of the racial discrimination initiative specifically, but also tackling allother issues of discrimination. This would benefit community safety issues in general.
2. Im  provedco-ordination and awarenessof the bodies involved intackling racial problems and promoting social and cultural integration.
3. M  aintaining the momentumofcommunityvolunteerswho have been involved in the original initiative and committed to workin a structured, secure and accountableframework.
4. E n suringall vulnerable groupsin the Islandarebeing protected.

After consideration of all factors and information presented, the Policy and Resources Committee –

• a g r e ed that it would support the establishment of "The Jersey Community Relations Trust";

• a g r e ed that the aims and objectives of the proposed Trust should be amended to make them more balanced in relation to all areas of discrimination;

• a p p r oved the draft constitution for the Trust (refer to the Appendix);

• n o t e d the valuable contribution of the Law Officers, the Home Affairs and Education Committees in the drafting of the constitution;

• a g r e ed, following the difficult experience encountered with the funding arrangements for the Child Care Trust, that prior to registration before the Royal Court, funding for this new Trust should be secured for a secure period, and;

• d e c id ed, prior to lodging "au Greffe" a report and proposition, to seek the Finance and Economics Committee's support for these proposals.

When this proposal was first submitted in February 2002 the cash limited budgets for 2002 had already been agreed and the Finance and Economics Committee reported that it was not in a position to support the initiative at that time. The Policy and Resources Committee decided, having determined that it could not reprioritise its own existing budgets to accommodate this additional expenditure that investigations should be carried out to see whether private funding, or funding from other States bodies, could be secured.

It is anticipated that with the approval of the States Assembly to the establishment of the Community Relations Trust, finances will be forthcoming from certain private sector organisations. The Committee has noted that "One World Week" and other volunteers had raised funds for the Trust in the amount of £3,000 is testament to the community's willingness to see the Trust established. However, it has become very clear that such private and voluntary sector contributions will not provide any significant ongoing funding and, at its meeting of 6th February 2003, the Policy and Resources Committee decided that the matter should be debated by the States, but that in order to minimise the call on public funds a revised budget request should be formulated.

As a result of this ongoing delay, the President of the Policy and Resources Committee withdrew the previous Committee's projet Jersey Community Relations Trust' (P.33/2002) on 10th June 2003.

As a result of recent discussions it has been agreed that, subject to the States approving the establishment of the proposed Trust on the terms described, the Finance and Economics Committee would be prepared to consider providing a one-off grant to enable the Trust to be established and to cover the first 12-18 months' running costs, in the sum of £100,000. Thereafter, and once incorporated, it will be for the Trust to bring forward proposals for its ongoing funding requirements.

The Policy and Resources Committee recommends that the States Assembly approves the establishment of "The Jersey Community Relations Trust", under the terms of reference as contained within the proposed Constitution shown at Appendix 1 to this report.

There are no manpower implications in this proposal for the States and the financial implications are as outlined in Appendix 2 to this report.

THE JERSEY COMMUNITY RELATIONS TRUST DRAFT CONSTITUTION

Definitions

In  this  Constitution,  the  following  words  in  the  left-hand  column  shall  be  defined  in  accordance  with  the expressions set out in the right-hand column opposite.

The Trust The Jersey Community Relations Trust.

The States The States of Jersey.

The Committee The body of persons from time to time in

accordance with the provisions of paragraph  5.1.

Auditor The person or persons appointed by the

Committee in accordance with the provisions of paragraph  6.8.

The Law The Loi (1862) sur les teneures en fidéicommis et

l'incorporation d'associations, as amended. Independent Trustee A person who is not a States Member and who

has no significant or material link between

his/her personal or business affairs and the affairs

of the Trust.

1. N  a me and Incorporation

T h e A  ssociation shall be called "The Jersey Community Relations Trust" and shall be incorporated under

the Law.

2. A  im

" T o s eek to eliminate discrimination on any ground including, but not limited to, grounds of colour, race, nationality or ethnic or national origins, gender or sexual orientation, disability or age, by promoting good relations between all members of society, and seeking to achieve equality of treatment and opportunity within our community".

3. O  b jectives

1. T o encouragemutualrespectamong all peopleinthe Island.
2. T o promote equality oftreatmentand opportunity.
3. T o encourage and facilitate partnerships which enhance social harmony.
4. T o identify areas where discrimination arises, while promoting and encouraging existing and future initiatives to tackle it.
5. T o promote education in thecommunityaboutthe aim of the Trust.
6. T o promote recognition andacceptanceof cultural diversity.

7. T o promote training in furtheranceof the aim oftheTrust and the developmentthereof.
8. T o provide information andadviceand facilitate initiatives concerning discrimination.
9. T o sponsorand support research in furtherance of the aim oftheTrust.
10. T o take measures to counter discriminatory behaviour, attitudes, and policies.
11. T o monitorthese objectives.

4. P o w ers

T o a c hieve its aim, the Trust may –

( a) r ai se money, for use solely in the furtherance of these objectives, by means of contributions,

donations and legacies, grants, loans and other sources;

( b ) r e ceive and accept, from any source, gifts and grants of money and/or of any other kind of

property whether unconditionally or subject to any terms, conditions or trusts;

( c ) p u rchase, take on, lease or exchange, hire or otherwise acquire any moveable or immovable

property which the Trust may think necessary for the promotion of its objects and to construct, maintain and alter any buildings or erections necessary for the work of the Trust;

(d ) m a ke loans either interest-free or at a rate of interest at or less than a commercial rate and/or to

make grants and/or donations of money and/or of any kind of property to any individual, group of individuals, partnership or body corporate practising or promoting anti-discrimination policies and services, and to provide such persons or bodies with any kind of financial assistance whether by way of guarantee, indemnity, or otherwise and so that any such grant or provision of financial assistance may be made unconditionally or subject to such trusts or conditions as the Trust may think fit to impose or accept;

( e) a d minister grants from funds provided by the States and contractual arrangements for private

sector groups using States facilities;

(f ) ta k e such lawful steps by appeals, public meetings, or other means as may from time to time be

deemed expedient for the purpose of procuring contributions to the funds of the Trust from donations, or otherwise;

( g ) a r range, prepare, print, publish, issue and disseminate any pamphlet, book, document, film,

recording or other work and to fix, make and receive fees, royalties and other charges therefor and for admission to and otherwise in respect of any exhibition, lecture, display, course of instruction or other activity connected with the objects of the Trust;

(h ) su b scribe to, become a member of or co-operate with any organisation, institution, society or body

involved or interested in matters which are within the objects of the Trust;

(i ) s e ll , manage, lease, hypothecate, dispose of or otherwise deal with all or any part of the property

of the Trust;

(j ) a t i ts absolute discretion, invest the monies of the Trust not immediately required for its purpose in

or upon such investments, securities or property as may be thought fit, subject nevertheless to such conditions (if any) and such consents (if any) as may for the time being be imposed or required by law and subject also as hereinafter provided;

(k ) em  ploy, contract with or otherwise commission, instruct or engage persons, whether as employees,

officers, advisers or otherwise;

(l ) d o all or any of the things herein before authorised either alone or in conjunction with any other

organisation, institution, society or body with which this Trust is authorised to co-operate;

( m ) p ay out of the funds of the Trust the costs, charges and expenses of and incidental to the

formation, incorporation, maintenance and development of the Trust.

(n ) d o any such other lawful things as will further the attainment of the above objectives.

(o ) ap  ply all income to the Trust, howsoever generated, solely towards the objects of the Trust and no

portion thereof, save as provided in clause  7.2 below, shall be transferred directly or indirectly by way of dividends, bonus or profit to any member of the Trust and no member of the Trust shall be appointed to any office of the Trust paid by salary or fees or receive any remuneration or other benefit in money or money's worth from the Trust.

5. C  o mmittee ofTrustees

1. T h e business and property of theTrust shall be controlled andmanaged by a Committee of Trustees. Trustees shallbeappointed to the Committeeof Trustees asfollows –

C h a ir

A n in dependent person, who is not a States member, to be appointed by the States on the recommendation

of the Policy and Resources Committee. The person so appointed by the States for the first 3  years of the life of the Trust is ..

M e m  bers

T h e P olicy and Resources Committee shall appoint one Trustee from its membership.

T h e Home Affairs Committee shall appoint one Trustee who is not a member of that Committee or the

States.

T h e Education, Sport and Culture Committee shall appoint one Trustee who is not a member of that

Committee or the States.

T h e T rustees appointed, as above, shall appoint a further 5 independent Trustees.

2. T h e Committee shall, atoneof its meetings, appoint one of its members to beVice-Chair, another of its members to be Honorary Treasurer and anotherof its members to be Honorary Secretary for such a period, save as indicated inclause 5.4below,as it shalldetermine. A Trustee shall,atnotime, hold more than one such office withintheCommittee.
3. T h e Committeemay, as itseesfit, invite any person to attend its meetings and/orprovide advice inanex- officio capacity.
4. A l l Trusteesshall retire in rotationonce every 3  years andmay offer themselves for re-nomination and re- election. Such rotation is to beorganised so as to provide for an orderly rotation over a 3-year period. In the firstinstance –

• T  h e Chair, and the Trustee appointed solely by the Policy and Resources Committee will be appointed for a period of 3  years.

• T h e Trustee appointed by the Home Affairs Committee and 3 of the independent Trustees will be appointed for a period of 2  years.

• T  h e Trustee appointed by the Education Committee and 2 of the independent Trustees will be appointed for a period of one year.

• A  ft e r the first year of appointment, all appointments shall be for a period of 3  years.

When a Trustee who holds the honorary position of either Vice-Chair, Treasurer or Secretary retires, the Committee shall, as it sees fit, appoint another of its members to fill the vacant honorary position.

5. T h e Committeeshall meet notless than 4  times in everycalendar year andon a quorumatany meeting of the Committee shall consist of 5  persons including the Chair or Vice-Chair, or anothermember acting in that official capacitybyagreementof the meeting andat such other times as they shall from time to time decide, subject, save in the caseenvisagedinClause 9 below, on eachoccasion to not less than one week's notice being given tothemembersof the matters tobe discussed.
6. A l l decisions of the Committee will be binding provided they are achievedthrough a simple majority of those members attending a properlyconstituted meeting. TheChairwillhave a secondvote, to be castin the eventoftherebeing a tiedvote. In such a case, the Chair will cast his/her second vote in favour of the status quo.
7. A c curate minutes of all meetings of the Committeeof Trustees shallberecorded and maintainedby the Honorary Secretary. Such minutes will be considered and, subject to any amendment being agreed, approved at the meeting immediately following that which they record. Such minuteswillbeavailableto Trustees for inspection at any reasonable time.
8. If anymemberoftheCommittee shall, without reasonable causeand without giving reasonable notice, fail to attend 3  consecutive meetings oftheCommittee, the Committeemayat its sole discretion terminate his/her membershipoftheCommittee.
9. S h ould an independent Trustee lose his/her independence, either by becoming a memberof the Statesor for anyother reason, the Committeemay, or maynot at its sole discretion, terminate his/her membership of the Committee.
10. S hould a Trustee act in a mannerdeemedtobe detrimental to the aim and objectives of the Trust, the Committee may,ormaynot at its sole discretion, terminate his/her membership of the Committee.
11. S hould clauses 5.8,5.9or 5.10 be invoked andshould a Trusteeberemoved from the Committee or should a vacancy occurdue to a Trusteedyingorresigning from office then, in thecaseof –

(a )       a T rustee appointed by a States Committee;

th a t C o m  m  it tee shall be asked to appoint another candidate or candidates to the Committee; (b ) a n independent Trustee;

th e T ru s t s h a ll be required to appoint another candidate or candidates to the Committee.

P e rs o ns appointed under this clause shall be appointed to complete the term of office of the Trustee they

are replacing.

6. A  cc ounts

1. T h e Committeeshallcause to bekeptproperaccountsofthefinances of the Trustin respect of –

(a ) a ll sums of money received and expended by the Trust and the matters in respect of which such

receipts and expenditure take place; and

(b ) al l assets and liabilities of the Trust.

2. T h ereshallbe a current accountand a deposit accountunderthenameoftheTrustopened and maintained in a bankestablished with a branch in Jersey and approved by the Treasurer ofthe States.
3. A l l fundsof the Trust shall as soon aspossible after receipt be paid into its bankaccounts. Such accounts shall beunderthe control of the Committee,whichshall from time to time provide for its methodof operation, but so that thesignatureof at least 2 membersof the Committee,oneofwhom shall be an officer as defined in 5.1 and 5.2shall at all times be requiredto operate theaccounts.
4. T h e appropriation ofbenefits shall be approved by the Committeeat its meetings orotherwise as itmay from time to time decide.
5. T h e books ofaccountshallalwaysbeopento inspection byMembersoftheCommittee.
6. T h e Committeeshall make adequatearrangements for the security and safe custody of all monies and books belongingtotheTrust.
7. T h e Committeeshall cause the booksto be audited atleastonceineach year byoneormoreQualified Accountants and shallprovidebooks of accountinwhich shall bekept all properaccountsof all money received and paid respectively byoronbehalfof the Committee.
8. T h e Auditor shall be appointed by the Committee under a formal contract and in accordance with procedures agreed bytheTreasurer of the States.

7. F i n ance

1. T h e financial year of the Trustshallbe from January 1st toDecember31st.
2. A l l propertyormoney received by or for the Trust shall be applied for the objects of the Trustandshall not begivenor paid to any member or officer of the Trust, exceptbywayofpaymentforservicesactually rendered totheTrustor for expenditure properly incurredon its behalf.
3. T h e Trust may receive gifts and legacies of property moveable or immovable and it may sell, let, exchange or hypothecate realproperty as shall beexpedient in ordertoraisefunds for its purposes.
4. D e cisions on the acquisition or disposal of property shall be taken by a vote at a meeting of the Committee.

8. D  u ties

1. W ithin its first year, the Trustshall provide, for approval bythePolicy and ResourcesCommittee, a detailed business plan and budget.
2. D u ring the second year of the Trust's existence, the Trust shall produce a 5-year strategic report together with fundingand action plans for the same period. Such plan mustbesubmitted to the Policy and ResourcesCommitteefor approval and will be presented to the States by the Presidentof the Policy and ResourcesCommitteeonbehalfoftheTrust, for information and reporting purposes.
3. T h ereafter, theTrustwillproduceanannual report which will be presented bythePresidentof the Policy and ResourcesCommittee to the States for information and reporting purposes.

9. A  lt eration to the Constitution

T h i s Constitution may be altered by a resolution passed by a majority of those present and voting at a

Meeting of the Committee called for that purpose, provided that no such resolution shall be considered unless a notice in writing setting out the terms of the resolution shall have been sent to every member of the Committee not less than 14  days before the date of the Meeting at which it is to be considered: PROVIDED ALWAYS that no alteration to these Rules shall be effective until approved –

(i ) b y the Policy and Resources Committee; and thereafter

(i i) b y the Royal Court of Jersey in accordance with the Law.

10. R e presentation

T h e C  hair or Vice-Chair shall represent the Trust before the Royal Court and before all Tribunals.

11. D i ssolution

1. T heTrustmay only be dissolved with the agreementof the Stateson the recommendation of the Policy and ResourcesCommittee.
2. I n the eventof a decisionbeingmadeto dissolve the Trust, the remainingfundsand assets shallbe dispensed accordingto the decisions of the CommitteeofTrustees subject alwaysto the approvalof the Royal Court pursuant to anapplication in accordance with the Law.

Funding Requirements: S ta r t- up costs:

£ Legal costs and fees 5,000 Fit out/refurbishment 3,000 Furniture and equipment 2,000 Establishment  2,000

12,000

R u n n ing costs: (18 months)

£

Staff costs 67,500 (Co-ordinator/admin.

support) Telephone/I.C.T., etc. 2,500

Office rent, rates, etc. 14,000

Maintenance/repairs 1,500

Printing, publishing, etc.  2,500

88,000