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Health and Social Security - Approved Panel Minutes - 29 March 2018

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Health and Social Security Scrutiny Panel

Record of Meeting

Date: 29th March 2018

 

Present

Deputy R. Renouf , Chairman Deputy G. Southern , Vice-Chairman Deputy T. McDonald

Apologies

Senator S. Ferguson Deputy J. Hilton

Absent

 

In attendance

Mr I. Dyer, Head of Policy and Quality Improvement, Health and Social Services Department [Item 2]

Mr F. Le Gros, Legal Adviser, Law Officers' Department [Item 2]

Ms  K.  Goldsworthy,  Project  Manager  Legislation,  Health  and  Social Services [Item 2]

Miss K. Boydens , Scrutiny Officer Mr T. Leveridge, Scrutiny Officer

 

Ref Back

Agenda matter

Action

 

1. Records of Meetings

The Panel noted and approved the records of the meetings held on 5th, 8th, 9th, 13th, 15th and 16th, 20th, 21st, 26th and 27th March 2018. The Chairman signed them accordingly.

 

21/03/18 Item 2

2. Mental Health Regulations

The  Panel  welcomed  Officers  from  the  Health  and  Social  Services Department and the Law Officers' Department to discuss the draft mental health regulations.

The Panel noted that the Mental Health (Jersey) Law 2016 and the Capacity and Self-Determination (Jersey) Law 2016 were approved in 2016 and were due to come into force on 1st October 2018. Following approval of the Laws, a number of Regulations had been drafted. The Regulations were lodged by the Minister for Health and Social Services on 27th February 2018 and were due to be debated on 10th April.

The Panel noted that there were six Regulations in total and one law amendment:

  • P.42/2018 Draft Capacity and Self-Determination (Amendment) (Jersey) Law 201 -
  • P.43/2018 Draft Capacity and Self-Determination (Capacity and Liberty - Assessors) (Jersey) Regulations 201 -
  • P.44/2018 Draft Capacity and Self-Determination (Independent Capacity Advocates) (Jersey) Regulations 201 -

 

 

 

 

  • P.45/2018 Draft Capacity and Self Determination (Supervision of Delegates etc.) (Jersey) Regulations 201-
  • P.46/2018  Draft  Mental  Health  (Guardianship)  (Jersey) Regulations 201-
  • P.47/2018  Draft  Mental  Health  (Independent  Mental  Health Advocates) (Jersey) Regulations 201-
  • P.48/2018  Draft  Mental  Health  and  Capacity  (Consequential Amendment  and  Transitional  Provision)  (Jersey)  Regulations 201-

The Panel recalled that concerns had been raised by Independent Jersey Advocacy (IAJ) regarding P.47/2018 and access to statutory advocacy for voluntary patients. It was noted that voluntary patients would have access to general advocacy services only. The Panel was advised that voluntary  patients,  who  remained  in  an  approved  establishment  for treatment voluntarily would have access to general advocacy services but it was not deemed appropriate to extend statutory advocacy rights to them because of the consensual nature of their receipt of treatment. The Panel was informed that the Health and Social Services Department would maintain general advocacy services and was currently seeking funding within the next Medium Term Financial Plan for this service.

The Panel was advised that a review group would be established to review both Laws and the Regulations. In that regard, once reviewed, the review group would suggest amendments to the Minister should they be required.

Once the Officers had left the meeting, the Panel requested the Officer to draft a Comments paper on the Regulations.

KB

 

3. Organ Donation

The Panel noted that its report, "Organ Donation" (S.R.3/2018) was published on Tuesday 27th March 2018.

 

16/03/18 Item 1

4. Disability Discrimination Regulations

The  Panel  noted  that  its  "Draft  Discrimination  (Disability)  (Jersey) Regulations 201 (P.20/2018): Comments" were lodged on Monday 16th March 2018.

 

13/02/18 Item 8

5. Future Hospital Review Panel

The Chairman advised that the Review Panel was drafting a short follow- up report on the Future Hospital Project. It was noted that the Review Panel intended on presenting the report before the last States sitting.

 

27/03/18 Item 1

6. Long-Term Care Scheme

The  Panel  noted  that  its  report,  "The  Long-Term  Care  Scheme" (S.R.4/2018) was published on Wednesday 28th March 2018.

 

 

7. Legacy Report

TL/KB

 

 

The Panel noted its draft legacy report and requested several minor changes. The Officers advised that the changes would be made and a revised report would be circulated via email in due course.

 

 

8. Future Meetings

The Panel noted that it had no further scheduled meetings and thanked its Officers for their hard work and dedicated service to the Panel.