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Approved Panel Minutes - Health and Social Security Panel - 2020

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Health and Social Security Panel

Records of Meetings

Year: 2020

The following records of meetings have been approved by the Panel. Signed

Deputy Mary Le Hegarat

Chairman

Health and Social Security Panel

Present

Deputy Mary Le Hegarat , Chairman Deputy Kevin Pamplin, Vice-Chairman Deputy Trevor Pointon

Apologies

Deputy Carina Alves

Absent

 

In attendance

Deputy Richard Renouf , Minister for Health and Social Services

Senator  Steve  Pallett,  Assistant  Minister  for  Health  and  Community Services

Rob Sainsbury, Group Managing Director, Health and Community Services Rose Naylor, Chief Nurse, Health and Community Services

Patrick Armstrong, Medical Director, Health and Community Services

Sammy McKee , Committee and Panel Officer

Struan Coad, Panel Advisor (telephone conference) Paul O'Conner, Panel Advisor (telephone conference)

 

Agenda matter

Action

1. Review of the Jersey Care Model

The Panel received the Minister and his Officers for an update in respect of the Jersey Care Model (JCM) and how its implementation was progressing to date. The Panel was informed that the Health and Community Services Department (HCS) had held engagement sessions with members of the public in 13 different locations around the island to discuss the new Jersey Care Model. In addition, multiple workshops had taken place with HCS staff, Government Departments, GP practices, key stakeholders and external partners. It was noted that the workshops had proven to be extremely valuable to the HCS team working on the JCM and the Panel was advised that very positive feedback had been received from members of the public as to how the workshops had been conducted.

The Panel was advised that the JCM was currently being "stress tested" by a Health Planner to ascertain its viability and that this work would be concluded by the end of March 2020. It was further advised that an economist, who had been engaged by HCS, was currently undertaking work to determine how much the JCM would cost.

The Panel queried with the Minister and his Officers as to which areas of the JCM would be prioritised to be developed in 2020. It was advised that the following areas would be focussed on this year:

  • Diabetes – moving from secondary to primary care
  • Community Services – introduce more prominent support
  • Introduce night sittings
  • Deliver mental health ambition

Consideration was given to how success of the JCM would be quantified and how HCS would determine how much care had moved into the community. The Health estate

 

 

was also discussed, and it was noted that an Island Public Estate Strategy was currently being developed by the Growth, Housing and Infrastructure Department.

The Panel thanked the Minister, his Officers and the Panel's Advisors for their time.

 

Present

Deputy Mary Le Hegarat , Chairman Deputy Kevin Pamplin, Vice-Chairman Deputy Carina Alves

Apologies

Deputy Trevor Pointon

Absent

 

In attendance

Deputy Richard Renouf , Minister for Health and Social Services (Item 4 only)

Senator  Steve  Pallett,  Assistant  Minister  for  Health  and  Community Services (Item 4 only)

Miguel Garcia-Alcarez, Head of Mental Health/Adult Mental Health (Item 4 only)

Michelle West, Director, Health and Social Services (Item 4 only)

Dennis Pimblott, Mental Health Improvement Lead (Item 4 only)

Jennie Pasternak, Lead Social Worker Mental Health (Item 4 only)

Clare Ryder, Lead Nurse Mental Health (Item 4 only)

Jake Bowley, Consultant (Item 4 only)

Rachel McBride, General Manager, Mental Health Group (Item 4 only)

Sammy McKee , Committee and Panel Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel approved the records of the meetings held on 5th December 2019 (public and private).

 

2. Review of the Jersey Care Model

The Panel received an update from the Officer. It was noted that the deadline for the call for evidence for the Panel's review of the Jersey Care Model (JCM) was 31st January 2020. The Panel agreed that a further media release should be sent out prior to the deadline date to remind members of the public of the date late and to help prompt further submissions.

It was noted that the Panel was due to receive the Minister for Health and Social Services for a Public Hearing on Thursday 13th February. The Panel also agreed to invite Mr Jim Hopley to a Public Hearing, following his request in a written submission. The Officer was asked to liaise with Mr Hopley to make the necessary arrangements. The Panel agreed that further public hearings would be agreed following the deadline date for the call for evidence and once the Panel had had the opportunity to consider the evidence received.

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3. Work Programme

The Panel considered its future work programme. It was agreed that, following the Panel's review of the Jersey Care Model, it would undertake a review of Maternity Services in Jersey.

 

4. Mental Health Update

 

 

The Panel received a briefing from the Minister for Health and Social Services and his Officers on Mental Health and the Mental Health Improvement Plan.

 

5. Future Meetings

The Panel is next due to meet at 10am on Thursday 30th January in Le Capelain, States Building

 

Present

Deputy Mary Le Hegarat , Chairman Deputy Kevin Pamplin, Vice-Chairman Deputy Trevor Pointon

Deputy Carina Alves

Apologies

 

Absent

 

In attendance

Mr Ian Kenny, Optical Services

Sammy McKee , Committee and Panel Officer

 

Agenda matter

Action

1. Review of the Jersey Care Model

The Panel met with Mr Kenny to discuss the current position and future possibilities in Jersey of optometry/ophthalmology care modelling. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 34.

 

Present

Deputy Mary Le Hegarat , Chairman Deputy Kevin Pamplin, Vice-Chairman Deputy Carina Alves

Deputy Trevor Pointon

Deputy Geoff Southern [for Item 2 only]

Apologies

 

Absent

 

In attendance

Sammy McKee , Committee and Panel Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel approved the records of the meetings held on 7th and 16th January 2020.

 

2. Review of the Jersey Care Model

The Panel noted that Deputy Geoff Southern had been co-opted onto the Panel to assist with its review of the Jersey Care Model.

The Panel received an update from the Officer. It was noted that the Panel's Advisors were due to provide an interim report before the end of week, detailing the main areas of concerns/questioning in respect of the proposed Jersey Care Model. It was further noted that the Advisors were due to visit Jersey on 13th February to attend the Public Hearing with the Minister for Health and Social Services and carry out a number of further evidence gathering meetings with key Officers.

The Panel noted that the deadline for the review's call for evidence' was Friday 31st January. It was further noted that, to date, it had received 13 written submissions from members  of  the  public.  The  Panel  reviewed  the  information  provided  in  the submissions and consideration was given to the areas of questioning for the Public Hearing with the Minister for Health and Social Services.

The Panel agreed to review the interim report, once received from the Advisors, and to form questions for the Public Hearing based on its findings. The Officer was requested to prepare a draft question plan and to circulate it to the Panel for its consideration.

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3. Quarterly Hearing with the Minister for Social Security

The Panel noted that it was due to receive the Minister for Social Security for a Quarterly Hearing at 2:45pm. The Panel prepared for its Hearing.

 

4. Office 365

The Panel agreed to attend an Office 365 training session at 9:30am on Tuesday 4th February.

 

5. Future Meetings

 

 

The Panel's next meeting is due to take place at 10am on Thursday 13th February in Le Capelain room, States Building.

 

Date: 10th February 2020

 

Present

Deputy Mary Le Hegarat , Chairman Deputy Kevin Pamplin, Vice-Chairman Deputy Carina Alves

Deputy Trevor Pointon

Deputy Geoff Southern

Apologies

 

Absent

 

In attendance

Mr Jim Hopley, Hon Chair of Jersey's Disability Partnership Sammy McKee , Committee and Panel Officer

 

Agenda matter

Action

1. Review of the Jersey Care Model

The Panel received Mr Jim Hopley for a Public Hearing in respect of its review of the Jersey Care Model. A recording was made so that a transcript could be produced.

 

Date: 11th February 2020

 

Present

Deputy Mary Le Hegarat , Chairman Deputy Kevin Pamplin, Vice-Chairman Deputy Carina Alves

Deputy Trevor Pointon

Deputy Geoff Southern

Apologies

 

Absent

 

In attendance

Sammy McKee , Committee and Panel Officer

 

Agenda matter

Action

1. Review of the Jersey Care Model

The Panel prepared for its Public Hearing with the Minister for Health and Social Services that was due to take place at 10am on Thursday 13th February. The Panel made a number of minor amendments to the question plan that the Officer was asked to enact. It was noted that the question plan would be re-circulated to the Panel before the end of the day.

The Panel recalled that it was due to meet with its Advisors at 9am on Thursday 13th, ahead of the Hearing.

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Date: 13th February 2020

 

Present

Deputy Mary Le Hegarat , Chairman Deputy Kevin Pamplin, Vice-Chairman Deputy Carina Alves

Deputy Trevor Pointon

Deputy Geoff Southern

Apologies

 

Absent

 

In attendance

Minister for Health and Social Services, Deputy Richard Renouf

Ms. Caroline Landon, Director General, Health and Community Services Mr. Rob Sainsbury, Group Managing Director, Health and Community Services

Mr. Patrick Armstrong, Medical Director, Health and Community Services

Mr. Struan Coad, Attain, Panel Advisor Mr. Paul O'Conner, Attain, Panel Advisor

Sammy McKee , Committee and Panel Officer

 

Agenda matter

Action

1. Review of the Jersey Care Model

The Panel received the Minister for Health and Social Services and his Officers from Health and Community Services for a Public Hearing. The proceedings were webcast live and a recording was made so that a transcript could be produced.

 

Date: 5th March 2020

 

Present

Deputy Mary Le Hegarat , Chairman Deputy Kevin Pamplin, Vice-Chairman Deputy Carina Alves

Deputy Trevor Pointon

Apologies

Deputy Geoff Southern [for Item 2 only]

Absent

 

In attendance

Mark Cox, Acting Chief Executive Officer, Channel Islands Co-Operative Society Limited [Item 3 only]

Ian Winstanley, Head of Medical, Channel Islands Co-Operative Society Limited [Item 3 only]

Bruce Wiling, Chair of Friends of Our New Hospital' [Item 4 only]

Graham Bisson, Member of Friends of Our New Hospital' [Item 4 only] Peter Funk, Member of Friends of Our New Hospital' [Item 4 only]

Jean Lelliot, Member of Friends of Our New Hospital' [Item 4 only]

Andy Howell , Member of Friends of Our New Hospital' [Item 4 only]

Tom Binet , Member of Friends of Our New Hospital' [Item 4 only]

Sammy McKee , Committee and Panel Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel approved the records of the meetings held on 29th and 30th January and 10th, 11th and 13th February 2020.

 

2. Review of the Jersey Care Model

The Panel noted receipt of an interim report from its advisors which highlighted their main  thoughts/concerns  to  date.  The  Panel's  advisors  joined  the  meeting  on  a conference call and discussed the interim report and the advisors' findings and recommendations. The Panel and its advisors also considered the possibility of deferring the Public Hearing that was due to take place with the Minister for Health and Social Services on 17th March. It was agreed that the hearing would be deferred until the Panel had had sight of the work that was currently being undertaken on the Jersey Care Model by PwC ( Price Waterhouse Coppers). The Panel was advised at its Public Hearing with the Minister on 13th February that PwC's work was due to be completed by the end of March and would be made available for the Panel review in mid-April. The Officer was requested to advise the Department of the Hearing's cancellation and to liaise about alternative dates. The Panel agreed to consider the advisors' report further at its next meeting, once it had had more time to review its contents, and to invite the advisors for another conference call.

The Panel agreed to invite the Chair of the Primary Care Body, Dr Nigel Minihane to a private meeting to discuss the Body's submission to the Panel and any other thoughts in respect of the Jersey Care Model from a GP's (General Practitioner) perspective. The Officer was asked to make the necessary arrangements.

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The Panel noted that follow up questions from the Public Hearing on 13th February had been sent to the Minister for Health and Social Services and that the Panel was due to receive a response on Friday 6th March.

 

3. Meeting with Channel Islands Co-Operative Society Ltd

The Panel met with Mark Cox, Acting Chief Executive Officer, Channel Islands Co- Operative Society Limited and Ian Winstanley, Head of Medical, Channel Islands Co- Operative Society Limited to discuss their recent announcement that the Society had entered into a consultation period to look at the future of Co-operative Medical Care. The record of this meeting was classified as exempt in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Absolute Exemption Article 26.

 

4. Meeting with Friends of Our New Hospital'

The Panel met with the Friends of Our New Hospital Group to discuss their concerns in respect of the new Jersey Care Model and the implications for the future hospital. The record of this meeting was classified as exempt in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Absolute Exemption Article 26.

 

5. Health and Well Being Framework

The Panel noted that a statement announcing the launch of the Health and Well Being Framework was due to be made by Senator Pallet, Assistant Minister for Health and Social Services, at the last States Assembly sitting. However, it was further noted that due to illness the statement and launch was postponed until the next States sitting on Monday 9th March.

 

6. Office 365

It was noted that the Panel had received training on the use of Office365 on Tuesday 3rd March and that the Members had found it useful. The Panel was advised that going forward Teams would be used for the majority of Panel business.

 

7. Future Meetings

The Panel's next meeting was due to take place at 10am on Thursday 19th March in Le Capelain room, States Building.

 

Meeting held by video conference

Date: 20th March 2020

 

Present

Deputy Mary Le Hegarat , Chairman Deputy Kevin Pamplin, Vice-Chairman

Deputy Carina Alves Deputy Trevor Pointon

Apologies

 

Absent

 

In attendance

Deputy Richard Renouf , Minister for Health and Social Services

Deputy Hugh Raymond, Assistant Minister for Health and Social Services Senator Steve Pallett, Assistant Minister for Health and Social Services Ruth Johnson , Head of Policy

Matthew Berry, Senior Legal Adviser, Law Officers' Department

Andy Harris , Committee and Panel Officer

 

Agenda matter

Action

1. Briefing from the Minister for Health and Social Services

The Panel received Deputy Richard Renouf , Minister for Health and Social Services, Deputy Hugh Raymond, Assistant Minister for Health and Social Services, Senator Steve Pallett, Assistant Minister for Health and Social Services, Ruth Johnson , Head of Policy and Matthew Berry, Senior Legal Adviser, Law Officers' Department for a briefing via Microsoft Teams to discuss the legislative programme arising in response to the Covid-19 situation.

It was explained that the Law Officers' Department (LDO) and the Department for Strategic Policy, Planning and Performance (SPPP) had been working closely to identify challenges arising from the Covid-19 situation that could be addressed through legislation. It was noted that there were a small number of risks and mitigations that had been identified that could not presently be addressed through primary legislation. It was proposed that a number of regulations would be brought forward for debate in the coming week in order to allow the States Assembly to move rapidly to address issues without having to wait for a meeting of the Privy Council to be convened. It was explained that the LDO was in contact with the Ministry for Justice and had seen drafts of comparable legislation in the United Kingdom (UK) to inform its own response. It was noted that Jersey and Guernsey had adopted a different approach to the Isle of Man and intended to bring forward its own primary legislation where possible, rather than extending UK legislation by Order in Council.

Legislative next steps

It was noted that legislative proposals would be presented for consideration by the Assembly or made through Order by Ministers and lodged with the Assembly in the coming week. It was explained that they were broken down by the method of delivery

 

 

and likely timing of presentation. It was expected that the Assembly would consider one set of proposals on the Tuesday sitting and the rest on a sitting taking place on the Friday. It was noted that all of the emergency legislation would be temporary and in place until 30th September 2020, subject to review if required. It was explained that the following legislation would be debated at the States sitting on Tuesday 24th March:

Draft Cremation (Suspension and Modification of Regulations – Covid-19) (Jersey) Regulations 202- this legislation was meant to reduce the envisaged pressures that would be placed on medical practitioners during the period of the Covid-19 epidemic. This would be achieved by removing the requirement for one or both of the certificates and examinations required of a body prior to cremation,  which  had  the  potential to  significantly  reduce  the  burden  on medical practitioners with regard to the authorisation of cremations. These amended Regulations would provide a temporary discretion for the Medical Officer  of  Health  or  Medical  Referee to  waive  the requirement for a  re- examination of the deceased and the completion of a Certificate of Medical Attendant in respect of Covid-19 deaths. It would also temporarily suspend the requirement for a second examination of a body by an independent registered medical practitioner. Both changes to the process had been drawn up in collaboration  with  the  Viscount,  Superintendent  Registrar  and  medical practitioners involved in delivering the present process.

Draft  Regulation  of  Care  (Standards  and  Requirements)  (Covid-19  - Temporary Amendment) (Jersey) Regulations 202- it was noted that as a result of the Covid-19 epidemic, and subsequent change in the working practices of care homes and service providers it would not be possible for them to fulfil all of their statutory obligations under the standards of the Regulations. It was noted that the purpose of the regulations was to allow the Care Commission to disapply Regulations which would require workers to be suitably qualified in circumstances where staff were unavailable and under-qualified staff were required to step in. It was also noted that due to the Covid-19 epidemic, it was likely that the Care Commission would be unable to fulfil its legal obligation to conduct annual inspections due to restrictions and guidance around social distancing.

Draft  Regulation  of  Care (Amendment  of  Law)  (Covid-19  -  Temporary Amendment) (Jersey) Regulations 202-  this amendment would exempt any temporary accommodation where care was required to be provided (e.g. a hotel) from being subject to regulation by the Care Commission.

Draft Public Finances Law (Amendment of Law) (Jersey) Regulation 202- this amendment would provide the Minister for Treasury and Resources with powers  to  withdraw  amounts  from  the  Consolidated  Fund  in  emergency circumstances  brought  on  by  the  COVID-19  pandemic,  and  associated measures to ensure that appropriate levels of funding were made available in a swift and efficient manner for the duration of those circumstances. It was noted that this amendment would increase the amount that the Minister for Treasury and Resources could transfer from one heads of expenditure to another without the requirement for States Assembly approval. This was likely to be used in line with the Disaster Recovery Fund that was due to be established.

 

 

Unlawful Public Entertainment Regulations 2019 – the regulations currently allowed for the Bailiff of Jersey to give consent for a large-scale event to take place, however, there was no mechanism within the regulations for this consent to be withdrawn. It was noted, therefore, that the amendment would bestow this power to the Bailiff .  

Amendment Regulations to the Statutory Nuisances (Jersey) Law 1999 These Regulations would amend the Statutory Nuisances (Jersey) Regulations 2017, to add a matter that constitutes a statutory nuisance to the list in Article 2(1) of the Statutory Nuisances (Jersey) Law 1999. The new statutory nuisance was any event at which persons gather, if the event is of such size or duration, and is held in such circumstances in relation to potential contamination or infection with Covid-19, as to be prejudicial to health or a nuisance. This change would enable the Minister for the Environment to shut down gatherings of people that the latest health advice suggests should not go ahead.

Draft Marriage and Civil Status (Amendment of Law) (Covid-19 – Temporary Amendment) (Jersey) Regulations 202 – This would enable certain registration services performed by the Superintendent Registrar to be delivered remotely by  enabling  the  Superintendent  to  act  as  the  informant  for  registration purposes. It would also facilitate the conduct of the death registration process by providing that a doctor would be qualified' to certify the fact and cause of death for a person if the doctor had seen the deceased in the previous 28 days (as opposed to 14).

Draft Criminal Procedure (Jersey) Law 2018 (Appointed Day) (No. 3) Act 202- This amendment would bring forward provisions of the Criminal Procedure Law that  had  not  yet  been commenced  into  operation  earlier  than  previously planned. The provisions included provisions on the presentation of criminal cases by prosecutors and facilitated the giving of evidence remotely in order to enable criminal trials to proceed in a manner consistent with social distancing. This amendment also provided the court with additional flexibility to cope with the effects of Covid-19.

The following pieces of legislation were due to be debated at the States sitting on Friday 27th March:

Powers related to testing, and detention – it was explained that new powers were required to impose requirements on people to be screened or assessed for coronavirus. In addition, powers would be provided to enable appropriate officers to enforce a requirement on individuals to remain in a place to which they will be conveyed for the purposes of screening and/or assessment and/or isolation and/or self-isolation during the period of the outbreak of Covid-19.

Covid-19 (Schools and Day Care of Children) (Jersey) Regulations 202 These Regulations provided specific powers for the Minister to require the closure  of  school  premises  or  day  care  accommodation  to  prevent  the contamination and spread of an infectious disease. The powers also provided the Minister with powers to ensure that alternative educational provision is made available.

 

 

A new offence of conveying the body of a deceased person without permission

Triennial Regulations would provide that the conveyance of a body (whether or not infected with coronavirus or any other disease) anywhere within Jersey or its territorial waters was only permissible by those persons or parties with authority to do so. Persons or parties who are permitted to convey a body would be identified by the legislation or by the Viscount. These provisions were required to address gaps in current legislation and to support delivery of all phases of the Covid-19 response plan.

Covid-19 amendments enabling law - This would be a short piece of primary legislation  that  would  allow  the  States  Assembly  to  amend  all  existing enactments, including primary legislation by Regulations. It would also give the Assembly the ability to confer order making powers on Ministers to make further specific provision to address the effects of Covid-19. This would require the approval of the States Assembly and the Privy Council on 15th April 2020 and would enable the Assembly to move quickly to address the implications of Covid-19. The legislation could also contain some provision in relation to the operation of the Courts.

It was expected that the following Ministerial Orders would be introduced by the end of the following week:

Amendments to the Medical Practitioners (Registration) (General Provisions) (Jersey) Order 2014 – this would allow the Jersey Care Commission to register medical practitioners who had been registered by the General Medical Council (GMC) under their emergency powers in the UK to register in Jersey. This would allow Health and Community Services to employ retired doctors.

Amendments to the Social Security (Contributions) (Jersey) Order 1975 and the Social Security (Collection of Class 1 and Class 2 Contributions) (Jersey) Order 2013 – this amendment would allow self-employed individuals to defer payment of social security contributions without it affecting their benefits and entitlements.

It was also noted that the Draft Emergency Powers and Planning (Medicines) Jersey Order 2020 had already been approved by the Minister for Health and Social Services. It was explained that this Order gave the Minister the power to issue a serious shortage protocol in respect of prescription only medicine or to issue a direction for the purpose of preventing or controlling the outbreak of a pandemic disease in Jersey.

 

Health and Social Security Scrutiny Panel

Record of Meeting Meeting held by video conference

Date: 24th March 2020

 

Present

Deputy Mary Le Hegarat , Chairman Deputy Kevin Pamplin, Vice-Chairman Deputy Carina Alves

Deputy Trevor Pointon

Apologies

 

Absent

 

In attendance

Sammy McKee , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda Matter

Action

1. Coronavirus – Draft Regulations

The Panel discussed draft Regulations that were due to be brought to the States Assembly by the Minister for Health and Social Services that week for debate. The Panel considered the following in its discussion.

Legislation in relation to social distancing – In the Community

The Panel recalled that there was existing legislation in Jersey that restricted and provided powers to restrict the movements of persons who had contracted or who were suspected of contracting an infectious disease, such as Covid-19. It was further recalled that the legislation afforded powers primarily to the Medical Officer of Health and other specialist medics and health inspectors. It was noted that, in respect of Social Distancing in the community, Articles within the Loi 1934 sur la Sante Publique (the "1934 Law") could be applied for present purposes.

The Panel noted, however, that the 1934 Law did not contain reference within its articles to when the Medical Officer of Health and health inspectors could enter a house, establishment or other place in the Island. The Panel agreed that in order to balance the right to privacy, such legislation needed to specify the grounds for when this was due to take effect. The Panel further raised concerns that the 1934 Law did not contain the word knowingly' when referencing people infected with a disease. For instance, the Law contained the power to punish persons with a fine who were infected with a disease that used a vehicle or appeared in a road or other public place. The Panel noted that due to the nature of Covid-19, a person may not be aware that they were infected as there could be no symptoms present for the first five to eleven days, post infection. The Panel agreed to query this matter with the Minister for Health and Social Services.

Draft Cremation – Suspension or Modification of Regulations

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The Panel noted that the Draft Cremation (Suspension and Modification of Regulations

– Covid-19) (Jersey) Regulations 202- had been drawn up in collaboration with the Viscount, Superintendent Registrar and medical practitioners involved in delivering the present process. The Panel agreed to request the advice provided by each of these bodies, in respect of changes, in order to gain a better understanding of any potential legal challenges that might arise from cause of death without the safeguards of the Cremation (Jersey) Regulations 1961.

Capacity and Self Determination Jersey Law 2016

The Panel raised concerns regarding the 2016 Law and the current requirement for two persons to undertake assessments, if that assessment was required after 28 days. The Panel agreed that this requirement was not practical at the current time due to significant constraints on front line GP care providers. The Panel agreed to request confirmation from the Minister for Health and Social Services as to whether he intended to amend the 2016 Law in line with the Draft Regulation of Care (Standards and Requirements) (Covid-19) – Temporary Amendment) (Jersey) Regulations 202-.

Concerns about adult and child social care

The Panel agreed to seek assurances from the Minister for Health and Social Services that provision would be in place with regards to statutory visits to vulnerable people and children in need, child protection visits and a looked after child.

Absence of Legislation for Adult Social Care

The Panel noted that there were no statutory visits or any processes for reviews of adult social care. The Panel noted that only best practice' was currently used in the absence of legislation.

The Panel agreed to seek confirmation from the  Minister for Health and Social Services as to whether the delivery of adult social care would continue according to current best practice or whether the process would be relaxed in line with the proposed amendments to other Legislation in response to Covid-19.

Mental Health Services

The Panel agreed to seek clarity from the Minister for Health and Social Services as to the potential impact of the current situation on the delivery of Mental Health Services and the agreed timeline. The Panel also agreed to seek confirmation from the Minister as to whether the Hospital would remain the "place of safety" during the Covid-19 outbreak and what process was in place to facilitate the transfer of patients between care facilities based on the Law specifying numbers of clinical staff required to monitor the patient.

The Panel noted the urgency of its requests to the Minister, with specific priority requested for the draft Regulations due for debate on Tuesday 24th March 2020 and Friday 27th March 2020.

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Health and Social Security Scrutiny Panel

Record of Meeting Meeting held by video conference

Date: 26th March 2020

 

Present

Deputy Mary Le Hegarat , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Carina Alves

Deputy Trevor Pointon (Item 2 only)

Apologies

 

Absent

 

In attendance

Sammy McKee , Committee and Panel Officer Ben Walker , Research and Project Officer

Deputy Richard Renouf , Minister for Health and Social Services Deputy Hugh Raymond, Assistant Minister for Health and Social Services

Matthew Berry, Legal Advisory, Law Officers' Department

Ruth Johnson , Director Social Policy, Strategic Policy, Planning and Performance

David Le Marquand, Policy Principle, Strategic Policy, Planning and Performance

Mark Richardson, Assistant Director, Health and Community Services

 

Agenda Matter

Action

1. Coronavirus – Draft Regulations

The  Panel  considered  Draft  Covid-19  (Enabling  Provisions)  (Jersey)  Law  202- (P.29/2020) and Draft COVID-19 (Screening, Assessment and Isolation) (Jersey) Regulations 202- (P.32/2020), which were due to be brought to the States Assembly by the Minister for Health and Social Services for debate on Friday 27th March. It was noted that the Panel was due to receive a briefing from the Minister and his Officers at 2:30pm that afternoon.

With regard to P.32/2020, the Panel raised concerns about the implications of the Regulations on persons with mental illness and referred to the absence of statutory requirements within the Mental Health (Jersey) Law 2016 regarding adult social care. The Panel further expressed its concerns about the reliance on best practice', which could be circumvented in times of crisis. The Panel agreed that following the briefing on the Draft Screening, Assessment and Isolation (Jersey) Regulations and the Draft

 

 

(Enabling Provisions) (Jersey) Law, it would publish Comments on both laws ahead of the debate on Friday.

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2.  Coronavirus – Briefing

The Panel received a briefing on the Draft Covid-19 (Enabling Provisions) (Jersey) Law 202- (P.29/2020) and Draft COVID-19 (Screening, Assessment and Isolation) (Jersey) Regulations 202- (P.32/2020) from the Minister for Health and Social Services and his Officers.

Draft (Enabling Provisions) (Jersey) Law (P.29/2020)

It was noted that the purpose of the Law was to ensure that emergency legislation could be enacted as quickly as possible and without approval of the Privy Council, which announced that it may have difficulty convening future meetings. The Panel was advised that, if approved, the draft Law would provide alternative powers to those that currently existed, which would maintain greater control for the States Assembly over the legislative process. The Panel queried whether, in the case where a state of emergency was declared, the Emergency Powers and Planning (Jersey) Law 1990 would supersede the draft Law. It was advised that the draft Law would not be superseded but it was possible that the two Laws could operate at the same time in the case of an emergency. It was further advised that the objective of the draft Law was not to have to rely on a state of emergency before making important decisions for the health of the Islanders.

The Panel queried the expiry date of 31st December 2020 of the draft Law and whether it could be extended if necessary. It was advised that it would be best for  the Regulations, which would be brought forward under the draft Law, to be time limited given the extraordinary circumstances. It was further advised that an expiry date forced a decision point and allowed the States Assembly to put measures in place and to review them when the time was right. The Panel was also advised of safeguards put in place within the draft Law to ensure it could not be used to impose or increase taxation, impose a penalty of imprisonment for more than 4 years for a criminal offence, or introduce retrospective legislation or amend the draft Law or the Human Rights  (Jersey)  Law  2000.  During  the  briefing  the  Panel  queried  whether  the safeguards around taxation included GST (The Goods and Services Tax) and income tax. It was advised that a distinction would be drawn between GST and income tax and that the draft Law had been proposed in response to a public health concern and to address taxation matters.

Draft Screening, Assessment and Isolation (Jersey) Regulations (P.32/2020)

The Panel was advised the draft Law would enable the States Assembly to introduce new powers required to impose requirements on people to be screened or assessed for coronavirus. In addition, the draft Law would provide powers enabling appropriate officers to enforce requirements on individuals to remain in a place to which they would be conveyed for the purposes of screening and/or assessment and/or isolation and/or self-isolation during the period of the outbreak of Covid-19.

The Panel was further advised that Regulation 4 of the draft Law introduced powers relating to self-isolation. The Panel was advised that the draft Law, if approved, would

 

 

introduce the power to enforce isolation and would enable noncompliance to be penalised with a fine. The Panel was also advised that Regulation 5 of the draft Law enabled the Minister, by Order, to prohibit members of the public going to or remaining in public places and was comparable to legislation in the United Kingdom. It was noted that whilst the decision to lockdown' the Island had not yet been taken, the draft Law allowed the power to be in place for when that decision was made by the Minister. The Panel noted that guidance would be issued as to what a "reasonable excuse" was prior to the Order being brought forward by the Minister.

The Panel was advised that Regulation 6 of the draft Law introduced powers to direct or remove persons to a place suitable for screening or assessment. The Panel was further advised that under the draft Regulation, an authorised officer would have the power to direct a person to a place which was suitable for testing. The Panel noted that Regulation 7 enabled an authorised officer to require a person to remain at a place for screening or assessment purposes for a period not exceeding 48 hours and require a person to be screened or assessed. The Panel was further advised that whilst there was an assumption that most people would comply with the draft Law, there may be some people who do not, so powers were needed to detain those people.

The Panel was advised that Regulation 8 provided a range of powers to be used depending on the post-screening outcome – i.e. whether the test was positive for Covid-19, the screening was inconclusive, or the test results were not yet available. It was advised that the Regulation allowed for an authorised person to impose a requirement or restriction. The Panel queried whether the draft Law recognised and allowed for the delay in test results coming back to Jersey from the UK. It was advised that Regulation 8 dealt with that instance by requiring a person to be detained up to 14 days, if a health officer had reasonable grounds to suspect that the person had been infected with Covid-19 and therefore presented a risk to the public.

The Panel was advised that the powers contained within the draft Regulations applied to everyone in Jersey (unless they were exempt by Order), including children. The Panel raised a question about the powers that would be exercised under the Law and the issue of a person's mental health. It was advised that if a person did not comply because they did not have the capacity to comply, that would be considered a reasonable excuse. The Panel raised further questions regarding a person's capacity and seeking consent for a screening or assessment. It was advised that seeking consent  under  the  draft  Regulations  would  be  the  same  as  any  other  medical examinations in a person's life; if someone had no capacity then the decision would rest with their lasting power of attorney or equivalent.

The Panel was advised that Regulation 11 created a right to a review by the Minister, if a requirement was imposed on a person, to test whether they were reasonable and proportionate measures. The Panel queried whether guidance on how a review by the Minister might be exercised would be available before the debate of the draft Law. The Minister confirmed that, due to other time pressures it was unlikely that the guidance would be available to present to States Members before the debate. The Panel noted that the draft Regulations, if enacted, would expire on 30th September 2020, just after the States Assembly was due to reconvene after the summer recess. It was advised

 

 

that if Jersey was still in the throes of Covid-19 there would be an option to bring new Regulations which carried the same powers as under this draft Law.

The Minister reassured the Panel that his intention was not to impose dictatorial laws or initiate a police state. It was noted that an Order to stay in a place could only be made on public health grounds and in order to deal with an emergency.

The Panel thanked the Minister and Officers for their time and for providing a very informative briefing.

 

Health and Social Security Scrutiny Panel

Record of Meeting Meeting held by video conference

Date: 30th March 2020

 

Present

Deputy Mary Le Hegarat , Chairman Deputy Kevin Pamplin, Vice-Chairman Deputy Trevor Pointon

Deputy Geoff Southern

Apologies

Deputy Carina Alves

Absent

 

In attendance

Sammy McKee , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda Matter

Action

1. P.31/2020  -  Draft  Social  Security  (Amendment  of  Law  No.12)  (Jersey) Regulations 202- ("Draft Regulations")

The Panel considered the Draft Regulations - (P.31/2020) which were debated by the States Assembly on the 27th March 2020. The Regulations were lodged in response to the outbreak of Covid-19 and removed the obligation on the States to pay into the Social Security Fund for the years 2020 and 2021.

The Panel raised concerns regarding the Draft Regulations which, if adopted, would enable the Minister for Social Security to withhold £130,000,000 in total from the States Grant to respond to the outbreak of Covid-19. The Panel recalled the Draft Social Security (Amendment of Law No. 11) (Jersey) Regulations 201- P.110/2019 which was approved by the States Assembly on the 14th October 2019 and imposed a legal requirement to fully reinstate the States Grant in 2023.

It was noted that the Panel was due to receive a briefing from the Minister for Social Security and the Minister for Treasury Resources later that day. The Panel raised concerns about the decision of the Ministers to liquidate equity positions at a time when their value has fallen sharply. The Panel further raised concerns about the absence of any financial analysis made available to the Panel prior to the Draft Regulations being lodged for debate by the States Assembly. The Panel agreed that the questions it would pose to the Ministers at the briefing would focus on the impact of a £130,000,000 deficit in the States Grant alongside a potential economic downturn from the impact of coronavirus.

The Panel convened following the Briefing on the Draft Social Security (Amendment of Law No. 12) (Jersey) Regulations 202- (P.31/2020) to discuss the responses

 

 

received  from  the  Ministers  and  their  Officers.  The  Panel  agreed  to  make  an amendment that maintained an obligation to pay the States Grant of £65.3 million into the  Social  Security  Fund  in  2021.  The  Panel  further  agreed  that  alongside  the proposed amendment, it would request the Treasury and Resources Minister to undertake an economic forecast within a six-month period. It was noted that that would allow the States Assembly an opportunity to reassess whether there was a need to remove the obligation to pay the States Grant in 2021. The Officer was requested to liaise with the Legislative Drafters Office and it circulate a draft amendment and report to the Panel by end of play that day.

SM

2.  Briefing on P.31/2020

The Panel received a Briefing on the Draft Social Security (Amendment of Law No.

12) (Jersey) Regulations 202- (P.31/2020) from the Minister for Social Security, the Minister for Treasury and Resources and their Officers.  

It  was  noted  that  the  purpose  of  the  draft  Law  was  to  withhold  sums  totalling £130,000,000 from being paid into the States Grant to fund the response to the outbreak  of  Covid-19.  The  Panel  queried  whether  the  decision  not  to  transfer £130,000,000 of funds into the States Grant would liquify equity holdings that are on a loss-making position or volatile. The Panel was advised that the decision to utilise funds which would have otherwise been paid into the States Grant was a cash management exercise, that would enable the Minister for Treasury and Resources to borrow against equities that are not liquid but might be on loss positions or volatile. The Panel was further advised that this would provide elements of liquidity that would help fund the response to Covid-19. The Panel was further advised that the decision not to make the transfer of £130,000,000 into the States Grant ensured that the liquid assets available would not be reduced and locked up into a fund that was not required for another twenty years.

The Panel sought assurances from the Minister for Social Security that the full sum of £130,000,000 diverted from the States Grant was needed for the response to Covid-

19. The Minister for Social Security provided assurances to the Panel that she believed the £130,000,000 was needed to respond to the outbreak of Covid-19. The Panel expressed concern to the Minister for Social Security that the Panel had not received any financial analysis or Briefing prior to the Draft Social Security (Amendment of Law No. 12) (Jersey) Regulations 202- (P.31/2020) being lodged for debate by the States Assembly on the 27th March 2020. The Minister for Social Security offered her apologies for the absence of a Briefing prior to the Regulations being lodged.

 

Date: 8th April 2020

 

Present

Deputy Mary Le Hegarat , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Carina Alves

Deputy Trevor Pointon

Apologies

 

Absent

 

In attendance

Connétable Steve Pallet, Assistant Minister for Health and Social Services Deputy Hugh Raymond, Assistant Minister for Health and Social Services Mark Richardson, Private Secretary to the Minister for Health and Social Services

Steve Skelton, Director of Strategy & Innovation, Strategic Policy, Planning and Performance

Sammy McKee , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1.  Briefing – Coronavirus Testing Update and Household Survey

The Panel received a briefing from the Assistant Ministers for Health and Social Services and accompanying officers regarding coronavirus testing and the coronavirus household survey. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35 and a private record was taken.

 

Date: 9th April 2020

 

Present

Deputy Mary Le Hegarat , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Carina Alves

Deputy Trevor Pointon

Apologies

 

Absent

 

In attendance

Deputy Richard Renouf , Minister for Health and Social Services [Item 1 only]

Dr Partrick Armstrong, Medical Director, Health and Community Services Department [Item 1 only]

Sue Duhamel, Head of Policy, Strategic Policy, Planning and Performance [Item 2 only]

Sammy McKee , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1.  Briefing – Ethical Framework for Utilisation of Critical Care in Response to the COVID-19 Crisis.

The Panel received a briefing from the Minister for Health and Social Services and the Medical  Director  of  Health  and  Community  Services  on  the  proposed  Ethical Framework measures, which were due to be put in place to mitigate the expected high demand on hospital and critical care over the period of the Covid-19 pandemic. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35 and a private record was taken.

 

2.  Briefing  -  Draft  COVID-19  (Amendment  of  Health  Insurance  Fund) (Miscellaneous Provisions) (Jersey) Law 2011) Regulations 202-

The Panel received a briefing from the Head of Policy for Strategic Policy, Planning and  Performance  with  regards  to  the  draft  COVID-19  (Amendment  of  Health Insurance Fund) (Miscellaneous Provisions) (Jersey) 202-. The Panel noted that the intention was to lodge the draft Regulations for debate as soon as possible. The Panel was advised that, if adopted, the draft Regulations would allow the one-off transfer of £5,322,000 from the Health Insurance Fund (HIF) into the consolidated fund to support the costs of COVID-19 related primary care services and their delivery.

It was noted that the Health Insurance Fund received two percent of social security contributions collected under the Social Security Law. It was further noted that the Health Insurance (Jersey) Law 1967 prescribed how the HIF could be used. It was advised that the most significant expenditure from the fund was Pharmaceutical

 

 

Benefit, by which prescription medicines for insures islanders were fully funded, and Medical Benefit, which paid a subsidy of £20.28 to reduce the cost of General Practitioner (GP) consultations in primary care. It was noted that in 2014, the HIF was amended to allow the Minister for Social Security to enter into contracts with General Practices and Pharmacies to undertake medical services. For example, influenza vaccinations, cervical cancer screening, medicine use reviews and supplies to test blood  glucose  levels  had  been  provided  to  Islanders  under  these  new  contract provisions. The Panel further noted that the provisions of the Health Insurance Law tightly controlled the ways in which the HIF could be used, ensuring that it was ring- fenced for primary care activity. It was advised, however, that the inflexibility of the Fund in the current crisis meant that it cannot adequately support Primary Care to undertake the range of roles needed in order to respond to COVID-19 pandemic.

The Panel was advised that of the total £5,322,000 that would be transferred from the HIF, £0.920 million would be used to fund an At Risk Health Transfer Service' and £4.402 million would be used to fund new GP and surgeries contracts. It was further advised that, due to the urgent need for these services, the Minister for Treasury and Resources had already provided the Health and Community Services Department with interim funding to cover their costs. Therefore, the transfer of £5,322,000 would replace these amounts in the consolidated fund, allowing the money to be available for other emergency COVID-19 related support.

The Panel queried how the costs for accessing GP primary care services would be impacted as a result of the new contracts. It was advised that, during the four-month period, GP services would continue to be available and the fees would be fixed for patients as follows:

  • Child aged 0-4 – Free
  • Child aged 5-17 - £10
  • Adult - £20
  • Home visit - £40

The Panel queried whether the HIF could afford a reduction of £5.3 million from its current balance and whether there were any implications of the proposed transfer on the future use of the Fund. The Panel was assured that during the most recent valuation the fund was valued at £83 million, which was made up of cash investments, equities and investments that could be sold for cash to pay to support the one-off transfer. It was also confirmed that there would be no specific consequence of the transfer from the point of view of the fund. It was noted, for instance, that whilst the HIF would have a slightly lower balance and would therefore receive less investment income over the next few years, there would likely be a major change in the use or structure of the HIF going forwards (in line with the Jersey Care Model), and the transfer of £5.3 million would have no real impact on those decisions.

The Panel thanked the Head of Policy for providing a very information briefing.

The officer was asked to draft Panel Comments on the draft Regulations and to circulate to the Panel for review once completed.

SM

Date: 14th April 2020

 

Present

Deputy Mary Le Hegarat , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Carina Alves

Deputy Trevor Pointon

Apologies

 

Absent

 

In attendance

Senator Steve Pallot, Assistant Minister for Health and Social Services (Items 1&2 only)

Mark Richardson, Assistant Director Health and Social Services

Ruth Johnson , Director Social Policy

Nathan Fox, Head of Policy Criminal Justice

Anna Hamon, Policy Principal Chief Assistant Ministers Department

Sammy McKee , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1.  Briefing – Draft Covid-19 (Mental Health) (Jersey) Regulations 202-

The Panel received a briefing from the Assistant Minister for Health and Social Services (the Assistant Minister') and his officers on the Draft Covid-19 (Mental Health) (Jersey) Regulations 202- (the draft regulations') which amended some of the existing statutory requirements set out in the Mental Health (Jersey) Law 2016 (the 2016 Law'). The Assistant Minister informed the Panel that the draft regulations were intended to support continued delivery of mental health services to people who were at risk to themselves or others during the Covid-19 period. The Assistant Minister further  informed  the  Panel  that  the  draft  regulations  are  in-line  with  the  UK's emergency position and were designed to be used only when necessary and as a last resort by order of the Assistant Minister. The Panel queried the circumstances in which the Assistant Minister would determine it necessary to make the order. The Assistant Minister responded that an order would be made once he is satisfied it was absolutely necessary to do so and noted that in practical terms it would mean consultation with the Medical Director. The Panel queried what absolutely necessary' meant when determining whether to make an order. The Assistant Minister responded that the draft regulations were required to be flexible enough to ensure the Assistant Ministers discretion can be used in consultation with the relevant officers to make the order. The Assistant Minister further advised the Panel that levels of staffing in relation to the Covid-19 response would also inform the Assistant Ministers decision as to whether to make the order.

The Panel queried the planning that had been made to identify persons on island with the medical qualifications to assist with the Covid-19 response and the current pool of

 

 

resources for those in GP practises. The Assistant Minister responded that the 2016 Law allows for remote consultation from doctors, based in the UK, without the need for them to be physically present on island. The Panel queried whether the Assistant Minister and his officers had identified General Practitioners (GPs') with experience in psychiatry. The Assistant Minister responded that there is already a deep pool of mental health specialists on island. The Panel expressed concern that there were not enough GPs with specialisms in mental health on island.

The Panel queried the Assistant Minister on how the court process would be impacted by the draft regulations. The Assistant Minister responded that the court could proceed with its judgement based on one medical recommendation instead of two in the event this the use of two would create an undesirable delay. The Panel queried the Assistant Minister about what would constitute an undesirable delay. The Assistant Minister responded that an undesirable delay would be when the requirement to seek two opinions created a risk to the welfare of the individual. The Assistant Minister further advised the Panel that any practitioner who relied on the draft regulations would later be required to justify that decision.

 

2.  Draft Covid-19 (Capacity and Self-Determination) (Jersey) Regulations 202-

The Panel received a briefing from the Assistant Minister for Health and Social Services (the Assistant Minister') and his officers on the Draft Covid-19 (Capacity and Self-Determination) (Jersey) Regulations 202- (the draft regulations') which amended some  of  the  existing  statutory  requirements  set  out  in  the  Capacity  and  Self- Determination (Jersey) Law 2016 ("the 2016 Law"). The Assistant Minister informed the Panel that the draft regulations were intended to ensure that services can continue to function during the Covid-19 period. The Assistant Minister further advised the Panel that the draft regulations impose significant restrictions of liberty' on a person who lacks capacity but, in doing so, the draft regulations also provide the safeguards necessary to protect the rights of those individuals. The Panel queried what the current implications were for standard authorisations. The Assistant Minister responded that where possible the normal procedure was being followed, but that some leniency was required to deal with the backlog in exceptional circumstances. The Panel queried whether the Assistant Minister was able to process standard authorisations during the response  to  Covid-19.  The  Assistant  Minister  responded  that  only  emergency authorisations were being processed. The Panel expressed concern that certain individuals could face long delays if an emergency is not declared. The Panel further expressed their concern that standard authorisations were not being carried out at present. The Assistant Minister responded that the policy intention behind the draft regulations was not to make the backlog of cases awaiting authorisation any worse, but to enable operations to continue during the outbreak of Covid-19.  

 

3.  Draft Covid-19 (Restricted Trading) (Jersey) Regulations 202-

The Panel received a briefing from an Officer of the Minister for Health and Social Services (the Officer') on the Draft Covid-19 (Restricted Trading) (Jersey) Regulations 202- (the draft regulations') which are made under the under the Covid-19 (Enabling Provisions) (Jersey) Law 2020 (the 2020 Law'). The Officer advised that the draft regulations would make it an offence, punishable by an unlimited fine, to open a business in a manner proscribed by Order of the Minister for Health and Social Services, (that Order being made with the agreement of the Minister for Economic Development, Tourism, Sport and Culture). The Panel queried the rationale behind an unlimited fine for businesses that break the law. The Officer responded that certain retailers could make large amounts of profit in any one day of trading, and that the uncertain economic consequences of the outbreak of Covid-19 make it difficult to set a fixed fine. The Officer further advised the Panel that the court would take a position

 

 

on the size of the fine to be imposed. The Panel queried how the court would establish what amount to charge as a fine. The Officer responded that in any prosecution, the Attorney General would make conclusions and account for factors such as the degree of profit attained through the offence being carried out.

 

Date: 21st April 2020

 

Present

Deputy Mary Le Hegarat , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Carina Alves

Deputy Trevor Pointon

Apologies

 

Absent

 

In attendance

Sammy McKee , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Draft Covid-19 (Mental Health) (Jersey) Regulations 202- (P.46/2020) and Draft Covid-19 (Capacity and Self-Determination) (Jersey) Regulations 202- (P.47/2020)

It was recalled that the Panel presented Comments on both P.46/2020 and P.47/2020 on 20th April 2020. It was noted that since their publication, various stakeholders, including the Children's Commissioner, had written to the Panel expressing concerns in  respect of  the  proposed  draft  Regulations,  which  would  be  introduced  under P.46/2020 and P.47/2020. Consideration was given to  whether the Panel felt it appropriate to call in' the draft Regulations in light of the new evidence. It was agreed that the Panel would not call in' the draft Regulations but would endeavour to keep abreast of the situation when the draft Regulations were enacted, if adopted by the States Assembly. It was further agreed that the Vice-Chair would share the concerns expressed by the stakeholders with the Assistant Minister for Health and Social Services and ask for a response to the issues raised prior to the debate on 22nd April 2020.

KP

Date: 24th April 2020

 

Present

Deputy Mary Le Hegarat , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Carina Alves

Deputy Trevor Pointon

Apologies

 

Absent

 

In attendance

Senator Kristina Moore , Chair of the Scrutiny Liaison Committee

Senator Sarah Ferguson, Member of the Scrutiny Liaison Committee Deputy Rob Ward , Member of the Scrutiny Liaison Committee

Tom Walker , Director General, Strategic Policy, Planning and Performance Steve Skelton, Director of Strategy & Innovation, Strategic Policy, Planning and Performance

Ivan Muscat, Medical Officer of Health, Health and Community Services Anuschka  Miller,  Director  of  Corporate  Planning  and  Performance, Strategic Policy, Planning and Performance

Megan Mathias, Group Director of Policy, Strategic Policy, Planning and Performance

Sammy McKee , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1.  Briefing – Public Health Strategy Update

Members of the Health and Social Security Panel and Members of the Scrutiny Liaison Committee ("Scrutiny Members") received a briefing from Strategic Policy, Planning and Performance with regard to Jersey's public health strategy in response to Covid-

19. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35 and a private record was taken.

 

Date: 27th April 2020

 

Present

Deputy Mary Le Hegarat , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Carina Alves

Deputy Trevor Pointon

Apologies

 

Absent

 

In attendance

Sammy McKee , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Meeting – Coronavirus

The Panel noted concerns that had been circulated by States Members about the Minister for Health and Social Services (the Minister') taking sole decision-making responsibility for the Ethical Framework guidance on critical care (the guidance'). The Panel agreed that the sole decision-making powers in respect of the guidance should be conferred on the Minister, following the advice of the relevant officers.

The Panel agreed to request weekly update meetings with the Minister for Health and Social Services as his officers in respect of his response to the outbreak of Covid-19.

The Panel recalled that it was due to meet for a regular Panel meeting on 30th April 2020. The Officer advised the Panel that its advisers, who had been appointed to assist the Panel with its review of the Jersey Care Model, would be invited to join the meeting to provide an update regarding its work on that review.

The Panel noted that it was due to receive the Minister for Social Security for a Public Hearing on the 5th May 2020 with regards to Covid-19. The Panel considered areas of questioning and requested the Officer to draft a question plan and circulate it to the Panel for its review.

SM SM

SM

Meeting held by video conference

Date: 30th April 2020

 

Present

Deputy Mary Le Hegarat , Chairman Deputy Kevin Pamplin, Vice-Chairman Deputy Carina Alves

Deputy Trevor Pointon

Deputy Geoff Southern

Apologies

 

Absent

 

In attendance

Struan Coad, Director Attain Health Management (Absent for part 1) Paul O'Connor, Director Attain Health Management (Absent for part 1)

Sammy McKee , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda Matter

Action

1. Coronavirus  Review   P.46/2020  Mental  Health  and  P.47/2020  Capacity Regulations and Minister for Social Security Public Hearing Question Plan

The Panel noted the Assistant Minister for Health and Social Security (the Assistant Minister') intention to bring an amendment to separate the P.46/2020 Draft COVID-19 (Mental Health) (Jersey) Regulations 202- and P.47/2020 Draft COVID-19 (Capacity and Self-determination) (Jersey) Regulations 202- (the Regulations') requiring the Minister for Health and Social Services to declare an emergency in order for the Regulations to come into force.

The Panel noted the Question Plan received ahead of the Public Hearing on 5th May 2020 with the Minister for Social Security (the Minister'). The Panel requested that the Question Plan be amended to reflect the Panels questions concerning:

  • Whether the structure of the Government of Jersey (GoJ') Target Operating Model (TOM') was completed and the impact on the TOM of Covid-19;
  • Whether additional GoJ employees have been seconded to process Social Security claims;
  • Whether  amendments  had  been  made  to  the  Social  Security  Work Programme and the inclusion of dental contracts;
  • Whether the current pandemic has impacted access to funding that would have gone into the Jersey Care Model.

SM

2. PwC Report on the Jersey Care Model

The Panel noted that the Minister had not yet provided the Panel with a copy of the PwC report on the Jersey Care Model (the Report'). The Panel further noted the importance of the Report as a piece of documentary evidence on the work carried out in relation to the Jersey Care Model. The Attain Health Management Advisers (the Advisers') updated the Panel on their consultation with PwC on the Report. The

 

 

Advisers informed the Panel that the Report would be based on quantitative and qualitative analysis which will highlight the positive and negative aspects of the Jersey Care Model but not propose alternative solutions. The Panel requested that a letter be sent to the Minister for Health and Social Services (the Minister') instructing him to provide a copy of the Report undertaken by PwC.

SM

Meeting held by video conference

Date: 5th May 2020

 

Present

Deputy Mary Le Hegarat , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Carina Alves

Deputy Trevor Pointon

Deputy Geoff Southern

Apologies

 

Absent

 

In attendance

Deputy Judy Martin, Minister for Social Security [Item 2]

Deputy Scott Wickenden, Assistant Minister for Social Security [Item 2]

Deputy Jeremy Macon, Assistant Minister for Social Security [Item 2] Ian Burns, Director General Customer and Local Services [Item 2] Sue Duhamel, Director Employment and Social Security [Item 2]

Kellie Boydens , Principal Committee and Panel Officer Theodore Stone, Assistant Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda Matter

Action

1. COVID-19: – Question Plan for Public Hearing with the Minister for Social Security

The Panel discussed the question plan in preparation for the Public Hearing with the Minister for Social Security (the Minister'). The Panel agreed to focus its questions on the Minister's response to Covid-19 and the impact of the pandemic on the Customer and Local Services Department's work programme.

 

2. COVID-19 Response: Public Hearing with the Minister for Social Security

The Panel held a Public Hearing with the Minister, Assistant Minister and Government Officials via video conference.

 

Meeting held by video conference

Date: 6th May 2020

 

Present

Deputy Mary Le Hegarat , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Carina Alves

Deputy Trevor Pointon

Deputy Geoff Southern

Apologies

 

Absent

 

In attendance

Deputy Richard Renouf , Minister for Health and Social Services

Senator Steve Pallett, Assistant Minister for Health and Social Services Deputy Hugh Raymond, Assistant Minister for Health and Social Services Tom Walker , Director General. Community and Constitutional Affairs Megan  Mathias,  Group  Director,  Policy  Community  and  Constitutional Affairs

Anuschka Muller, Director of Corporate Planning and Performance

Steve Skelton, Director of Strategy and Innovation

Dr Susan Turnbull, Medical Officer of Health

Tony Moretta, Chief Executive Officer, Digital Jersey

Senator Kristina Moore , President, Scrutiny Liaison Committee Connétable Mike Jackson , Member, Scrutiny Liaison Committee

Deputy Robert Ward , Member, Scrutiny Liaison Committee

Deputy Kirsten Morel , Vice-President, Scrutiny Liaison Committee

Kellie Boydens , Principal Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Briefing – Public Health Strategy Update

The Panel received a briefing from the Minister for Health and Social Services, the Assistant Ministers and Government Officials on Jersey's Public Health Strategy in response to Covid-19. Members of the Scrutiny Liaison Committee also attended as well as the Chief Executive Officer of Digital Jersey. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35 and a private record was taken.

 

06.05.2020

Meeting held by video conference

Date: 11th May 2020

 

Present

Deputy Mary Le Hegarat , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Carina Alves

Deputy Trevor Pointon

Deputy Geoff Southern

Apologies

 

Absent

 

In attendance

Senator  Steve  Pallett,  Assistant  Minister  for  Health  and  Social Services

Ruth   Johnson ,  Head  of  Policy,  Strategic  Policy,  Planning  and Performance

Anna  Hamon,  Policy  Principal  (Disability  Strategy  Co-ordinator), Strategic Policy, Planning and Performance

Frank Le Gros, Legal Adviser, Law Officers' Department

Matthew Berry, Legal Adviser, Law Officers' Department

Kellie Boydens , Principal Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda Matter

Action

1. Coronavirus  Briefing    P.47/2020  Draft  COVID-19  (Capacity  and  Self- determination) (Jersey) Regulations 202-

The Panel received a briefing from the Assistant Minister for Health and Social Services and Government Officials in relation to P.47/2020 "Draft COVID-19 (Capacity and Self-determination) (Jersey) Regulations 202-" (the Regulations'). This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 31 and a private record was taken.

 

Meeting held by video conference

Date: 14th May 2020

 

Present

Deputy Mary Le Hegarat , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Carina Alves

Deputy Trevor Pointon

Deputy Geoff Southern

Apologies

 

Absent

 

In attendance

Deputy Judy Martin, Minister for Social Security

Deputy Scott Wickenden, Assistant Minister for Social Security Deputy Jeremy Maçon, Assistant Minister Social Security

Ian Burns, Director General, Customer and Local Services

Sue Duhamel, Director, Employment and Social Security, Customer and Local Services

Jenny  O'Brien,  Head  of  Communications,  Customer  and  Local Services

Deputy  Kirsten   Morel ,  Chair,  Economic  and  International  Affairs Scrutiny Panel

Deputy David Johnson , Vice-Chair, Economic and International Affairs Scrutiny Panel

Senator Kristina Moore , Member, Economic and International Affairs Panel

Deputy Jess Perchard, Member, Economic and International Affairs Scrutiny Panel

Kellie Boydens , Principal Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda Matter

Action

1.  Briefing on implementation of family friendly rights and subsidy

The Panel, along with the Economic and International Affairs Scrutiny Panel, received a briefing from the Minister for Social Security, Assistant Ministers and Government Officials on the interim measures in relation to parental benefits for both parents.

It was noted that family friendly Employment Law changes had been approved in 2019 which would entitle new parents to 52 weeks of parental leave, with 6 weeks paid by the employer. The Minister advised that, since the changes were approved, the current Covid-19 had delayed the work on extending to the benefit system to include parental benefits for both parents.

 

 

Therefore, as an interim measure, the Minister planned to introduce a temporary subsidy scheme to support employers with their additional costs, once the legal right for  paid  leave  had  been  extended.  In  that  regard,  the  Minister  advised  that  a proposition would be lodged shortly to ask the States to approve an Appointed Day Act for implementation on 28th June 2020.

The Minister advised that the interim scheme would continue until the work on the parental benefit had been completed. The Panel was advised that regulations would be lodged for approval by the end of 2020.

The Panel thanked the Minister, Assistant Ministers and Government Officials for their time and they exited the video conference.

 

Date: 15th May 2020

 

Present

Deputy Mary Le Hegarat , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Trevor Pointon

Deputy Carina Alves

Deputy Geoff Southern

Apologies

 

Absent

 

In attendance

Deputy Richard Renouf , Minister for Health and Social Services Senator  Steve  Pallett,  Assistant  Minister  for  Health  and  Social Services

Robert Sainsbury, Managing Director, Jersey General Hospital Julian  Blazeby,  Director  General.  Community  and  Constitutional Affairs

Miguel Garcia-Alcaraz, Consultant, Health and Community Services Clare Ryder, Lead Nurse, Mental Health and Community Services

Kellie Boydens , Principal Committee and Panel Officer Andrew Harris , Committee and Panel Officer

Ben Walker , Research and Project Officer

 

Agenda Matter

Action

1.  Coronavirus Briefing – Provision of Mental Health Services

The Panel received a briefing from the Minister for Health and Social Services and Government Officials in relation to the provision of mental health services following the outbreak of COVID-19. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Absolute Exemption Article 26 and a private record was taken.

 

Date: 18th May 2020

 

Present

Deputy Mary Le Hegarat , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Carina Alves

Deputy Geoff Southern

Apologies

Deputy Trevor Pointon

Absent

 

In attendance

Senator Sam Mezec , Minister for Children and Housing

Senator  Steve  Pallett,  Assistant  Minister  for  Health  and  Social Services

Susan  Devlin,  Group  Director,  Children's  Services,  Health  and Community Services

Dr Muktanshu Patil, Consultant Paediatrician and Neontologist, Health and Community Services

Rose Naylor, Chief Nurse, Health and Community Services

Lee Hayward, Lead Nurse, Health and Community Services

Kellie Boydens , Principal Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda Matter

Action

1.  Briefing on the Development of the Greenfields Secure Care Unit (renamed Meadowfields temporary mental healthcare facility

The Panel received the Minister for Children and Housing and Government Officials for a briefing on the Meadowfields temporary mental health facility, formally the Greenfields Secure Care Unit. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Absolute Exemption Article 25 and a private record was taken.

 

Date: 21st May 2020

 

Present

Deputy Mary Le Hegarat , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Carina Alves

Deputy Trevor Pointon

Apologies

 

Absent

Deputy Geoff Southern

In attendance

Deputy Richard Renouf , Minister for Health and Social Services Ruth Johnson , Director of Social Policy, Strategic Policy, Planning and Performance Department

Nathan  Fox,  Head  of  Policy,  Criminal  Justice,  Strategic  Policy, Planning and Performance Department

Ben Sandeman, Senior Policy Officer, Community & Constitutional Affairs, Strategic Policy, Planning and Performance Department Matthew Berry, Legal Adviser, Law Officers' Department

Frank Le Gros, Legal Adviser, Law Officers' Department

Senator Kristina Moore , President of the Scrutiny Liaison Committee Deputy  Kirsten   Morel ,  Vice-President  of  the  Scrutiny  Liaison Committee

Connetable  Michael   Jackson ,  Member  of  the  Scrutiny  Liaison Committee

Senator Sarah Ferguson, Member of the Scrutiny Liaison Committee Deputy Robert Ward , Member of the Scrutiny Liaison Committee Deputy Steve Ahier , Vice-Chair of the Corporate Services Scrutiny Panel

Deputy Jess Perchard, Member of the Economic and International Affairs Panel

Kellie Boydens , Principal Committee and Panel Officer Ben Walker , Research and Project Officer

Agenda Matter

Action

1.  Coronavirus – Briefing on Draft Regulations

The Panel received a briefing from Government Officials on the Draft Cremation (Suspension and Modification of Regulations – Covid-19) (No. 2) (Jersey) Regulations 202- (P.65/2020) and a briefing from the Minister for Health and Social Services and Government Officials on the Draft COVID-19 (Safe Distancing) (Jersey) Regulations 202- (P.66/2020). It was noted that both P.65/2020 and P.66/2020 were due to be debated on Tuesday 26th May 2020.

 

 

The Panel acknowledged the urgent nature of the current COVID-19 pandemic and the requirement for emergency legislation but expressed concern with the length of time afforded to Scrutiny to review such important pieces of legislation.

Draft  Cremation  (Suspension  and  Modification  of  Regulations –  Covid-19) (No. 2) (Jersey) Regulations 202- (P.65/2020)

The Government Officials advised the Panel that the draft Regulations had been drafted primarily to align statutory provision around medical certification and death registration  processes  with  previous  legislation  passed  by  the  States  Assembly (Cremation  (Suspension  and  Modification  of  Regulations   Covid-19)  (Jersey) Regulations 2020 (P.21/2020) and Marriage and Civil Status (Amendment of Law) (Covid-19 – Temporary Amendment) (Jersey) Regulations 2020)

The Government Officials explained that the draft Regulations would bring forward 2 changes; the first change would temporarily enable a medical practitioner to complete and sign a Certificate of Medical Attendant without attending the deceased during the deceased's last illness, which was the present requirement. The second change would temporarily remove the requirement for the medical practitioner to declare they have attended the deceased before death, but still with the requirement that they declared they had seen and identified the body of the deceased after death.

The Panel noted the legislative changes that had already been implemented through the previous decisions of the States Assembly but expressed concerns that the new processes  could  remove  some  of  the  safeguards  around  death  and  cremation certification processes. The Panel asked whether the same doctor could sign both sets of  certificates  in  relation  to  the  death  registration  process  and  authorisation  of cremation. The Government Officials confirmed that there was nothing in the existing legislation which provided that the same doctor could not sign both certificates. The Panel was further advised that, although the legislation could be amended to provide for such provision, the same doctor could do so before the new arrangements came into force.

It was noted that the previous legislation related to death registration processes had been lodged by the Minister for Home Affairs. The Government Officials explained that there was a crossover of ministerial remits relating to death and cremation legislation. In  that  regard,  the  Panel  was  advised  that  the  Strategic  Policy,  Planning  and Performance Department had commissioned a review of all legislation relating to death in January 2020. Although the outcome of the review had not been formulated, it was hoped that legislation related to death would eventually come under one ministerial remit.

Draft COVID-19 (Safe Distancing) (Jersey) Regulations 202- (P.66/2020)

The Panel was advised that the draft Regulations were intended to help control the transmission of COVID-19 following advice from the Medical Officer of Health. The Government  Officials  advised  that  the  Regulations  would  make  it  an  offence, punishable by a fine of up to £1,000, to wilfully fail to comply after being directed by a police officer to remain more than 2 metres apart from someone who was from another household.

The Government Officials explained that there were a number of exemptions which included:

  • When people gathered in a home,
  • When people were in a workplace and

 

 

 When people were required to breach social distancing due to legal obligations such as those imposed on the emergency services.

The Panel asked what level of consultation had taken place with stakeholders during the drafting stage of the Regulations. The Government Officials confirmed that the stakeholders contacted included; the States of Jersey Police, the Comité des Chefs de Police and the Children's Commissioner.

The Panel noted that the main purpose of the Regulations was to control people occupying outdoor areas, as opposed to inside their own homes. The Panel noted that under the Regulations, people would be able to gather socially in their own homes in a way that would breach social distancing measures if it was in a public space. The Government Officials responded that the Regulations only legislated for public spaces, but noted the difficult balance between civil rights, controls and the balance of risks arising from the Medical Officer of Health advice.

The Minister added that consideration had been given to include the home under the offence, but that such measure would be disproportionate and raised practical issues around enforcement. The Panel expressed concern that social gatherings in homes and gardens could become more prevalent with fines and enforcement action for gatherings only occurring in public spaces.

The Panel expressed concern about the liability of parents for the misbehaviour of their children. The Minister advised that the police had implemented an approach to the Stay at Home measures (Engage, Explain, Encourage and Enforce) which included enforcement as the last stage.

The Panel agreed that if the Regulations were approved, there would need to be a communications plan. This would need to include clear guidance for parents on what was considered "reasonably practicable steps" for them to ensure the children in their care remained socially distanced.

The Panel noted that, under Regulations, police (and honorary police) would be solely responsible for enforcing the measures with the power to issue fines. The Panel expressed concern that this might result in an influx of calls to the police from concerned members of the public. The Minister acknowledged the Panel's concern and explained that part of the rationale behind introducing legislative measures and a fine was to raise public expectation that they should comply with social distancing rules.

The Panel thanked the Minister and the Government Officials for their time and they exited the video conference.

 

Meeting held by video conference

Date: 26th May 2020

 

Present

Deputy Mary Le Hegarat , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Carina Alves

Deputy Trevor Pointon

Deputy Geoff Southern

Apologies

 

Absent

 

In attendance

Struan Coad (Advisor), Director Attain Health Management Paul O'Connor (Advisor), Director Attain Health Management

Kellie Boydens , Principal Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda Matter

Action

1. Jersey Care Model Review

The Panel met with its external advisors from Attain Health Management, to discuss a report regarding the Jersey Care Model Review. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Absolute Exemption Article 26 and a private record was taken.

 

26.05.2020

Date: 28th May 2020

 

Present

Deputy Mary Le Hegarat , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Carina Alves

Deputy Trevor Pointon

Deputy Geoff Southern

Apologies

 

Absent

 

In attendance

Sammy McKee , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1.  Records of Meetings

The Panel approved the records of the meetings held on 14th, 21st, 24th, 27th and 30th of April 2020 and the 5th, 6th, 11th, 15th and 18th of May 2020.

 

2.  Coronavirus Review

The  Panel  noted  that  its  Comments  on  the  Draft  Cremation  (Suspension  and Modification  of  Regulations   COVID-19)  (No.  2)  (Jersey)  Regulations  202- (P.65/2020)  and  Draft  COVID-19  (Safe  Distancing)  (Jersey)  Regulations  202- (P.66/2020) were presented to the States Assembly on the 26th May 2020.

 

3.  Jersey Care Model Review

The Panel considered whether it wished to ask written or oral questions of the Minister for Health and Social Services (the Minister') on the Jersey Care Model (the JCM') in the States Assembly. The Panel agreed that whilst it was content for States Members to ask the Minister questions in this way, it needed to remain mindful that the report produced by PwC and recently given to the Panel had been provided in confidence. The Panel agreed to follow up on the request for the full PwC report on the JCM.

The Panel considered a draft letter to the Minister that had been circulated prior to the meeting. It was noted that questions had been drafted by the Panel's Advisors following receipt of the JCM Review Paper. The Panel agreed to review the draft letter following the meeting and the Officer was requested to send the letter once approval had been received.

The Panel was informed that the budget for advisory services regarding the JCM was due for review. The Panel considered the work that had been undertaken by the advisors to date and the work that would need to be carried out before the review could be completed. It was noted that the work undertaken by the advisors had been highly valuable and that the Panel would require their services for a longer period. The Panel agreed to request to extend the current contract with the advisors to allow them to complete their work. The Panel was advised that the request would need to be approved by the Scrutiny Liaison Committee and the Greffier of the States. The Officer was asked to draft a paper which stated the details of the request and the reasons behind it.

SM SM

SM

 

The Panel agreed to invite the Head of the Primary Care Body to a Panel meeting to discuss the JCM (TBC).

GS

4.  Proposed  amendments  to  Employment  and  Discrimination  Tribunal (Procedures)  Order  2016  and  Employment  and  Discrimination  Tribunal (Jersey) Regulations 2014

The Panel noted that proposed amendments to the Employment and Discrimination Tribunal (Procedures) Order 2016 and the Employment and Discrimination Tribunal (Jersey) Regulations 2014, were due to be brought to the States Assembly by the Minister for Social Security in the forthcoming weeks. The Officer advised the Panel that further details of the draft Regulations had been requested from the responsible Officer and would be circulated to the Panel as soon as they had been received.

BW

5.  Hearings and Briefings

The Panel noted that its next weekly COVID-19 Briefing was due to take place on 1st June and its next weekly Public Health Strategy Briefing was due on 4th June 2020.

 

6.  Future Meetings

The Panel noted its next scheduled meeting is due to take place at 10:00am on 11th June 2020.

 

Meeting held by video conference

Date: 1st June 2020

 

Present

Deputy Mary Le Hegarat , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Carina Alves

Deputy Trevor Pointon

Apologies

 

Absent

Deputy Geoff Southern

In attendance

Deputy Richard Renouf , Minister for Health and Social Services Senator  Steve  Pallett,  Assistant  Minister  for  Health  and  Social Services

Deputy  Hugh  Raymond,  Assistant Minister  for  Health  and  Social Services

Rose Naylor, Chief Nurse, Health and Community Services

Caroline Landon, Director, Health and Community Services

Robert  Sainsbury,  Managing  Director,  Health  and  Community Services

Patrick Armstrong, Medical Director, Health and Community Services Adrian  Noon,  Medical  Director  for  Primary  Care,  Health  and Community Services

Sammy McKee , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda Matter

Action

1. Coronavirus Briefing – Post COVID-19 Care Review and Recovery

The Panel received a briefing from the Minister for Health and Social Services, the Assistant Ministers and Departmental Officers on Jersey's Post COVID-19 Care Review and Recovery. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Absolute Exemption Article 26 and a private record was taken.

 

01.06.2020

Meeting held by video conference

Date: 10th June 2020

 

Present

Deputy Mary Le Hegarat , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Trevor Pointon

Deputy Geoff Southern

Apologies

Deputy Carina Alves

Absent

 

In attendance

Item 5 only:

Deputy  Kirsten   Morel ,  Chair,  Economic  and  International  Affairs Scrutiny Panel

Deputy David Johnson , Economic and International Affairs Scrutiny Panel

Sue  Duhamel,  Head  of  Policy,  Strategic  Policy,  Planning  and Performance

Steve Jackson , Group Director, Customer and Operations, Customer and Local Services

Nic Turner, Policy Principal, Customer and Local Services

Matthew Viney, Senior Policy Officer, Customer and Local Services

Sammy McKee , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda Matter

Action

1. Records of Meetings

The Panel noted and approved the records of the meetings held on 21st, 26th (public and private) and 28th May and 1st June 2020 (public and private).

 

2. Coronavirus Review

The Panel noted it was due to receive the Minister for Health and Social Services and his Officers on Thursday 11th June for a briefing on the Covid-19 Exit Strategy, with a particular emphasis on Mental Health, and the move to Level 2 of lockdown.

 

3. Jersey Care Model Review

The Panel recalled that it had sent written questions to the Health and Social Services Minister on 1st June 2020 regarding the work undertaken by PWC on the Jersey Care Model (JCM) and the timetable for completion of the JCM. It was noted that the Panel was yet to receive a response.

The Panel considered the original Review Paper that had been produced by PwC in respect of the JCM. It was noted that PwC had been engaged as consultants by the Health and Community Services Department to undertake a "stress test" on the Jersey Care Model. The Panel further noted that the paper had been provided to the Panel in

 

 

confidence. The Panel agreed to defer further consideration of the PwC report until Members had had sufficient time to consider its contents. The Officer was requested to arrange a meeting for the week beginning the 15th June to discuss the paper in greater detail.

The Panel expressed concerns about the authorship of the Review Paper and noted the disclaimer that the Report was a "working document". The Panel requested confirmation that the Report was an official document created by PwC.

The Panel considered the matter of extending its contract with Attain, would had been engaged in January 2020 to assist the Panel with its work on the JCM. The Panel agreed to wait for the Minister's response to the Panels follow up questions along with the Ministers timetable to inform the Panel of the additional work required by the Advisors and the cost implications.

SM

SM

4.  Government Plan/Recovery Plan

The Panel noted that Officers had begun undertaking research and collating questions based on the Panel's review of last year's Government Plan. It was further noted that the  intention  was  for  this  work  to  help inform  the  Panel's  review of  this  year's Government/Recovery Plan. The Panel discussed the matter of staff recruitment and retention within the Health and Community Services Department and agreed to raise questions as to its current status and the impact that Covid-19 had had on staff figures. It further agreed to ascertain whether Ministers had been asked to cut Departmental budgets going forward, as a result of the current pandemic.

BW

5.  Briefing – Family Friendly Interim Parental Payments Scheme

The Panel received Departmental Officers from Customer and Local Services for a joint briefing with the Economic and International Affairs Scrutiny Panel on the non- statutory Family Friendly Interim Parental Payments Scheme. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Absolute Exemption Article 26 and a private record was taken.

 

6.  Scrutiny Briefing - Weekly COVID-19 Briefing with the Minister for Health and Social Services

The Panel noted its next weekly COVID-19 Briefing was due to take place on Monday 15th June 2020.

SM

7.  Scrutiny  Briefing  -  Fortnightly  Public  Health  Strategy  Update  with  the Minister for Health and Social Services

The Panel noted its next weekly Public Health Strategy Update was due to take place on Thursday 18th June 2020.

SM

8.  Future Meetings

The Panel noted that its next scheduled meeting is due to take place at 10:00am on 25th June 2020.

SM

Meeting held by video conference

Date: 11th June 2020

 

Present

Deputy Mary Le Hegarat , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Carina Alves

Deputy Trevor Pointon

Apologies

 

Absent

Deputy Geoff Southern

In attendance

Deputy Richard Renouf , Minister for Health and Social Services

Senator Steve Pallet, Assistant Minister for Health and Social Services Senator Kristina Moore , President of the Scrutiny Liaison Committee Deputy Kirsten Morel , Vice-President of the Scrutiny Liaison Committee Senator Sarah Ferguson, Member of the Scrutiny Liaison Committee Deputy Rob Ward , Member of the Scrutiny Liaison Committee

Tony Moretta, Chief Executive Officer, Digital Jersey

Robert Sainsbury, Managing Director, Jersey General Hospital

Julian Blazeby, Director General, Community and Constitutional Affairs Martin Knight, Head of Public Health, Health and Community Services Miguel Garcia-Alcaraz, Consultant, Health and Community Services

Kate Nutt, Group Director, Office of the Chief Executive

Tom Walker , Director General, Strategic Policy, Planning and Performance Steve Skelton, Director of Strategy & Innovation, Strategic Policy, Planning and Performance

Ivan Muscat, Medical Officer of Health, Health and Community Services

Sammy McKee , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Briefing – Public Health Strategy Update

Members of the Health and Social Security Panel and Members of the Scrutiny Liaison Committee ("Scrutiny Members") received a briefing from the Minister for Health and Social Services, the Office of the Chief Executive, Strategic Policy, Planning and Performance and Health and Community Services with regard to Jersey's Public Health  Strategy  in  response  to  Covid-19.  This  meeting  was  held  in  private  in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35 and a private record was taken.

 

Meeting held by video conference

Date: 15th June 2020

 

Present

Deputy Mary Le Hegarat , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Trevor Pointon

Deputy Carina Alves

Apologies

 

Absent

Deputy Geoff Southern

In attendance

Claire  Follain,  Superintendent  Registrar,  Community  and  Constitutional Affairs Department

Mark Harris , Deputy Viscount, Viscounts Department

Martin Barrett, Relief Coroner, Viscounts Department

Steward  Petrie,  Environment  Health  Consultant,  Growth,  Housing  and Environment Department

Helen Goulding, Consultant, Health and Community Services Department Peter Southall, Consultant, Health and Community Services Department Frank Le Gros, Legal Adviser, Law Officers Department

Ben Sandeman, Senior Policy Officer, Community and Constitutional Affairs Department

Sammy McKee , Committee and Panel Officer Ben Walker , Research and Project Officer

Agenda matter

Action

1. Briefing – Update from the Excess Death Group

The Panel received the Superintendent Registrar and Departmental Officers from the Community and Constitutional Affairs Department, the Deputy Viscount and Relief Coroner  from  the  Viscounts  Department  and  Departmental  Officers  from  the Department for Health and Community Services and the Department for Growth, Housing  and  Environment  for  a  briefing  in  response  to  the  Draft  Cremation

(Suspension and Modification of Regulations – Covid-19) (No. 2) (Jersey) Regulations 202-. (P.65/2020) which were lodged au Greffe on 20th May 2020. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Absolute Exemption Article 26 and a private record was taken.

 

Meeting held by video conference

Date: 18th June 2020

 

Present

Deputy Mary Le Hegarat , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Trevor Pointon

Deputy Carina Alves

Apologies

 

Absent

Deputy Geoff Southern

In attendance

Sammy McKee , Committee and Panel Officer Ben Walker , Research and Project Officer

Agenda matter

Action

1. Covid-19 (Capacity and Self-Determination) (Jersey) Regulations 2020

The  Panel  noted  receipt  of  correspondence  from  the  Chair  of  the  Jersey  Care Commission ("the Commission"), Mr Glenn Houston, in relation to Covid-19 (Capacity and Self-Determination) (Jersey) Regulations 2020 ("the Regulations"). It was further noted that the Commission wished to share its views on the Regulations with the Panel. The Panel noted that the Commission had specific reservations about aspects of the Regulations, both from a Human Rights perspective and with regard to the additional responsibilities vested in care home managers. The Panel recalled that, during its review of the Regulations (P.47/2020), it had been advised by the Minister for Health and Social Services that the Commission had been consulted with prior to the lodging and subsequent debate of the Regulations. The Panel agreed that the Chair would respond to the letter to ascertain whether or not consultation with the Commission took place.

MH

2. Closure of Samares Unit

The Panel recalled that Deputy Pointon had sent a series of questions via email to the Minister for Health and Social Services on 16th June regarding the closure of the Samares Unit ("the Unit"), which was located at Overdale Hospital. It was noted that the Unit had housed a 27-bed ward and had treated people with severe brain and physical injuries. It was further noted that patients who used to be treated at the Unit could now be seen at a new rehabilitation area within the General Hospital. The Panel was advised that Deputy Pointon had a number of concerns regarding the closure and had therefore felt it appropriate to raise these directly with the Minister for Health and Social Services. It was further advised that a response from the Minister had not yet been received.

 

3. Jersey Care Model

The Officer was asked for an update on the recent request made to the Minister for Health and Social Services for further information with regards to the timeline for the completion of the Jersey Care Model (JCM). The Panel was advised that it was yet to receive a response from the Minister but that the deadline for providing this information was not until 23rd June.

 

 

The Panel was further advised that it was yet to receive a response to the letter it had sent to the Minister for Health and Social Services on 5th June requesting that its advisors were given access to the original PwC Report on the JCM. The Officer was asked to follow up the request.

SM

Date: 25th June 2020

 

Present

Deputy Mary Le Hegarat , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Trevor Pointon

Deputy Carina Alves

Deputy Geoff Southern

Apologies

 

Absent

 

In attendance

Deputy Richard Renouf , Minister for Health and Social Services

Senator Steve Pallet, Assistant Minister for Health and Social Services Deputy Hugh Raymond, Assistant Minister for Health and Social Services Senator  Kristina   Moore ,  President,  Scrutiny  Liaison  Committee Connétable Mike Jackson , Member, Scrutiny Liaison Committee

Senator Sarah Ferguson, Member, Scrutiny Liaison Committee

Deputy Robert Ward , Member, Scrutiny Liaison Committee

Deputy David Johnson , Vice-Chair, Economic and International Affairs Scrutiny Panel

Deputy  Jess  Perchard,  Member,  Economic  and  International  Affairs Scrutiny Panel

Tom   Walker ,  Director  General,  Strategic  Policy,  Planning  and Performance

Steve Skelton, Director of Strategy & Innovation, Strategic Policy, Planning and Performance

Ivan Muscat, Deputy Medical Officer of Health, Health and Community Services

Anuschka  Miller,  Director  of  Corporate  Planning  and  Performance, Strategic Policy, Planning and Performance

Megan Mathias, Group Director of Policy, Strategic Policy, Planning and Performance

Sammy McKee , Committee and Panel Officer Ben Walker , Research and Project Officer

Agenda matter

Action

1. Coronavirus Briefing – Level 2 Update on Physical Distancing and Active Cases

The Panel received a joint briefing with the Scrutiny Liaison Committee and the Economic and International Affairs Scrutiny Panel (Scrutiny Members') from the Minister for Health and Social Services (the Minister') and his Departmental Officers on the proposed reduction to the physical distancing requirements from 2 metres to 1 metre. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Absolute Exemption Article 26.

 

2. Coronavirus Briefing – Safer Travel Proposals

The Panel received a joint briefing with the Scrutiny Liaison Committee and the Economic and International Affairs Scrutiny Panel (Scrutiny Members') from the Minister for Health and Social Services (the Minister') and his Departmental Officers

 

 

on the proposed safer travel period'. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Absolute Exemption Article 26.

 

Date: 25th June 2020

 

Present

Deputy Mary Le Hegarat , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Carina Alves

Deputy Trevor Pointon

Deputy Geoff Southern

Apologies

 

Absent

 

In attendance

Item 4 only:

Nathan Fox, Head of Policy Criminal Justice, Strategic Policy, Planning and Performance Department

Frank Le Gros, Legal Adviser, Law Officers Department

Sammy McKee , Committee and Panel Officer Ben Walker , Research and Project Officer

Agenda matter

Action

1. Records of Meetings

The Panel noted the records of the meetings held on 10th June (public and private), 11th June (public and private) and 15th June 2020 (public and private). The Panel agreed to review the minutes after the meeting and to provide confirmation of approval via email.

 

2. Coronavirus Review

The Panel noted that it had received a joint briefing with the Scrutiny Liaison Committee and the Economic and International Affairs Scrutiny Panel from the Minister for Health and Social Services (the Minister') and his Departmental Officers at 10:00am on 25th June 2020 on the proposed reduction to the current social distancing requirements from 2 metre to 1 metre and on Safer Travel proposals.

It was further noted that the Minister advised Scrutiny Members that he intended to lodge a Proposition on the Safer Travel proposals in due course for debate by the States Assembly on Tuesday 30th June. The Officer was requested to ascertain more information about the Proposition and the timeline for its lodging.

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3. Jersey Care Model Review

The Panel noted the response from the Minister for Health and Social Services (the Minister') to the Panel's follow up questions, dated 8th June 2020.

The Panel noted the latest draft version of the PwC ( Price WaterhouseCoopers) Review Paper (the Paper') on the Jersey Care Model (the JCM') and considered its contents in light of the previous versions of the paper the Panel had received.

It was recalled that the Panel had written to the Minister for Health and Social Services with a request to share the paper, which had been provided to the Panel under a confidentiality agreement, with its advisors. It was further recalled that the Minister  had  recently  refused  the  Panel's  request.  The  Panel  discussed  the

 

 

importance of being able to share the original paper with its advisers in order to carry out sufficient scrutiny of its contents with the expert opinions of professionals in the field of health care management. It was noted that the advisers were considered an extension of the Panel and their assistance was integral to the success of the its review. The Panel asked the Officer to draft another letter to the Minister with a further request for consent to release the paper to its advisors.

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4. Briefing – Draft COVID-19 (Control of Testing) (Jersey) Regulations 202-

The Panel received Departmental Officers from the Strategic Policy, Planning and Performance Department and the Law Officers' Department for a briefing on the Draft COVID-19 (Control of Testing) (Jersey) Regulations 202-. The record of this meeting was classified as exempt in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Absolute Exemption Article 26.

Following the briefing, the Panel requested that the Officer draft a Comments Paper on the Regulations for the Panel to consider and approve.

BW/SM

5. Government Plan/Recovery Plan

The  Officer  advised  the  Panel  that  the  Government  Plan  2020-2023  Update' document was still being compiled with questions on the intended expenditure and work programme for 2020, which had been agreed in the previous Government Plan. It was further advised that questions were also being prepared regarding the content of the Government Plan 2021-2024 and that the document would be on the next agenda for the Panel's consideration.

The Panel noted receipt of a confidential paper from a Council of Ministers meeting on 10th June 2020. The paper contained a summary of potential efficiencies that could be implemented by each States Department in 2020-2023 in order to rebalance the Government's finances. The Officer was requested to extract the information relevant to the Panel's remit and insert it into a new document for the Panel's consideration.

SM/ BW

BW

6. Capacity Law Regulations

The Panel recalled that it had received correspondence from the Chair of the Jersey Care Commission ("the Commission"), Mr Glenn Houston, in relation to Covid-19 (Capacity and Self-Determination) (Jersey) Regulations 2020 ("the Regulations"). It was noted that the Commission wished to share its views on the Regulations with the Panel. The Panel further noted that the Commission had specific reservations about aspects of the Regulations, both from a Human Rights perspective and with regard to the additional responsibilities vested in care home managers. The Panel recalled that it had agreed that the Chair would respond to the letter to ascertain whether or not  consultation  with  the  Commission  took  place  prior  to  the  debate  on  the Regulations.  The  Chair  advised  that  she  would  follow  this  matter  up  with  the Commission.

MH

7. Hearings and Briefings

The Panel noted that it was due to receive the Minister for Health and Social Services for a Quarterly Hearing on 9th July 2020. The Panel considered areas of questioning for the Hearing. The Officer was requested to draft a question plan and circulate it to the Panel for its consideration.

The Panel noted that it was due to receive the Minister for Social Security for a Quarterly Hearing on 6th August 2020.

SM

 

The Panel noted that its next weekly COVID-19 briefing was due to take place on 29th June and its next weekly Public Health Strategy briefing was due on 2nd July 2020.

 

8. Future Meetings

The Panel noted that its next scheduled meeting was due to take place at 10:00am on 9th July 2020.

 

Meeting held by video conference

Date: 29th June 2020

 

Present

Deputy Mary Le Hegarat , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Carina Alves

Deputy Trevor Pointon

Deputy Geoff Southern

Apologies

 

Absent

 

In attendance

Deputy Richard Renouf , Minister for Health and Social Services Deputy  Hugh  Raymond,  Assistant Minister  for  Health  and  Social Services

Caroline Landon, Director General, Health and Community Services Mark Richardson, Private Secretary to the Minister for Health and Social Services

Sam  Lempriere,  Informatics  Manager,  Health  and  Community Services

Andrew Carter, Governance and Performance Analyst, Health and Community Services

Item 2 only:

Dr  Ivan  Muscat,   Deputy  Medical  Officer  of  Health,  Health  and Community Services

Sammy McKee , Committee and Panel Officer Ben Walker , Research and Project Officer

Agenda Matter

Action

1. Briefing – Hospital Waiting Lists and COVID-19 Testing

The Panel received the Minister for Health and Social Services and Officers from the Health and Community Services Department (HCS') for the Panel's weekly briefing which included an update on hospital patient waiting lists and an update on COVID-19 testing. The record of this meeting was classified as exempt in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Absolute Exemption Article 26.

 

Meeting held by video conference

Date: 6th July 2020

 

Present

Deputy Mary Le Hegarat , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Carina Alves

Deputy Trevor Pointon

Deputy Geoff Southern

Apologies

 

Absent

 

In attendance

Sammy McKee , Committee and Panel Officer Ben Walker , Research and Project Officer

Agenda Matter

Action

1. Jersey Care Model (JCM) Review

The Officer informed the Panel that the timeline for the development of the JCM that had been requested from the Minister for Health and Social Services was yet to be received.  It  was  noted  that  the  absence  of  the  timeline  impacted  the  Panel's consideration of its future work programme. The Officer was requested to chase the Health and Community Services Department for the outstanding information and the Panel agreed, that if the documentation had not been received by Thursday 9th July, it would raise questions on this matter at its Quarterly Hearing with the Minister for Health and Social Services.

 

2. Provision of Mental Health Services

The Panel expressed concerns about the increase in demand for the services provided by the Listening Lounge, including 55 new referrals in 15 days and the establishment of waiting lists due to the reduced service offering by Talking Therapies throughout the lockdown period following the outbreak of COVID-19. The Panel noted that the Listening Lounge was now receiving referrals from Talking Therapies including some severe mental health cases. The Panel further expressed concern that the staff available at the Listening Lounge were not qualified to provide services for severe mental health cases. The Panel agreed that it would continue to review the provision of mental health services and would continue to monitor the relevant statistics and demand for mental health services.

 

Date: 9th July 2020

 

Present

Deputy Mary Le Hegarat , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Carina Alves

Deputy Trevor Pointon

Deputy Geoff Southern

Apologies

 

Absent

 

In attendance

Item 2 only:

Deputy R.J. Renouf of St. Ouen, The Minister for Health and Social Services

Senator S.W. Pallett, Assistant Minister for Health and Social Services Deputy H.C. Raymond of Trinity , Assistant Minister for Health and Social Services

Dr. I. Muscat, Deputy Medical Officer of Health

Ms. J. Poynter, Associate Managing Director, Modernisation, Health and Community Services

Mr.  R.  Sainsbury,  Group  Managing  Director,  Health  and  Community Services

Ms. C. Landon, Director General, Health and Community Services

Ms. I. Watson, Head of Adult Social Care, Health and Community Services Ms.  L.  Jones,  Head  of  Finance  Business  Partnering,  Health  and Community Services

Mr. P. Armstrong, Medical Director, Health and Community Services

Mr. S. Skelton, Director of Strategy and Innovation, Health and Community Services

Sammy McKee , Committee and Panel Officer Ben Walker , Research and Project Officer

Agenda matter

Action

1. Records of Meetings

The Panel noted and approved the records of the meetings held on 18th June, 25th June (a) and 25th June (b) (public and private) 2020.

 

2. Quarterly Hearing with the Minister for Health and Social Services

The Panel received the Minister for Health and Social Services and his Officers for a Quarterly Hearing at 10am. The proceedings were webcast live and a recording was made so that a transcript could be produced.

 

3. Coronavirus Review

The Panel considered and approved its Comments on the Draft COVID-19 (Control of Testing) (Jersey) Regulations 202- (P.87/2020) and noted that they were to be presented to the States Assembly on the 9th July 2020.

 

4. Jersey Care Model Review (JCM)

 

 

The Panel noted the response on the JCM timeline from the Minister for Health and Social Services on the 6th July and agreed to consider it further following the Panel's meeting.

 

5. Government Plan/Recovery Plan

The Panel noted a document that had been circulated by the Officer in regard to its future review of the  Government  Plan 2021-2024. It was further noted that the documentation  contained  a  series  of  proposed  questions  about  the  previous Government Plan (2020-2023) that could be asked of the Minister for Health and Social Services and the Minister for Social Security. The Panel agreed to consider the questions prior to its next meeting on 23rd July 2020.

 

6. Work Programme

The Panel noted and approved its work programme for the remainder of the year and beginning of 2021.

 

7. Future Meetings

The Panel noted that its next scheduled meeting was due to take place at 10:00am on 23rd July 2020.

 

Meeting held by video conference

Date: 15th July 2020

 

Present

Deputy Mary Le Hegarat , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Carina Alves

Deputy Trevor Pointon

Deputy Geoff Southern

Apologies

 

Absent

 

In attendance

Deputy Judy Martin, Minister for Social Security

Deputy Scott Wickenden, Assistant Minister for Social Security

Sue  Duhamel,  Head  of  Policy,  Strategic  Policy,  Planning  and Performance

Ian Burns, Director General, Customer and Local Services

Greg Boyd, Senior Economist (Department TBC)

Nick Vaughan, Chief Economist (Department TBC)

Sammy McKee , Committee and Panel Officer Ben Walker , Research and Project Officer

Agenda Matter

Action

1. Briefing – Fiscal Stimulus Proposals

The Panel received the Minister for Social Security and Departmental Officers for a briefing on the Fiscal Stimulus Proposals that had been announced by the Government to all States Members and the public on Friday 10th July. The briefing focused specifically on the proposals that fell under the remit of the Minister for Social Security. The record of this meeting was classified as exempt in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Absolute Exemption Article 26.

 

Date: 23rd July 2020

 

Present

Deputy Mary Le Hegarat , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Carina Alves

Deputy Trevor Pointon

Deputy Geoff Southern

Apologies

 

Absent

 

In attendance

Sammy McKee , Committee and Panel Officer Ben Walker , Research and Project Officer

Agenda matter

Action

1. Records of Meetings

The Panel noted and approved the records of the meetings held on 29th June (public and private), 6th July and 15th July (public and private) 2020.

 

2. Jersey Care Model Review (JCM)

The Panel recalled that it had received a response on 6th July from the Minister for Health and Social Services to its request for an update regarding the timetable for the completion of the JCM and the lodging and debate date. The Panel noted that it had been advised that, due to Covid-19, the timetable for the completion of the JCM had been delayed and was now due to be lodged in September for debate by the States Assembly in October (rather than being debated before the summer recess, as originally intended). It was further noted that ahead of the lodging of the JCM, the Strategic Outline Case and the Financial Business Case had to be completed.

The Panel further recalled that it had agreed to extend the contract with its advisers from Attain Health Management, which would allow them to complete their review of the JCM. The Panel further noted that the budget for the extension of the contract was currently being considered by the Scrutiny Liaison Committee.

The Panel noted it had received email correspondence from members of the public with concerns about the timeline of the JCM. The Panel asked the Officer to draft a response setting out the Panel's timeline for the completion of its own review of the JCM and its Terms of Reference.

The Panel considered engaging with members of the Primary Care Board for a further update on the status of its discussions with the Health and Community Services Department (HCS) with regards to future working arrangements. The Panel agreed to invite  members  of  the  Primary  Care  Board  for  a  meeting  prior  to  the  formal announcement of the updated JCM. The Officer was requested to make the necessary arrangements. The Panel noted that it had received a number of submissions in January from third party stakeholders, following its call for evidence on the original JCM. The Panel agreed that, following the publication of the amended JCM, it would write to relevant stakeholders to ascertain whether they wished to provide a further submission.  The  Panel  expressed  concerns  about  the  workforce  and  staffing

SM

SM SM

 

challenges in relation to the JCM and the process for approving staffing requests through the State's Employment Board (SEB). The Panel agreed to write to SEB to request  an  update  on  how  the  Health  staffing  challenges  were  being  managed between SEB and HCS.

SM

3. Government Plan/Recovery Plan

The Panel recalled previous documentation that had been circulated by the Officer in regard to its future review of the Government Plan 2021-2024. It was further recalled that  the  documentation  contained  a  series  of  questions  about  the  previous Government Plan (2020-2023), of which the answers would help to inform its future review. The Panel agreed to send the identified questions to the Minister for Health and Social Services and the Minister for Social Security and the Officer was requested to draft the relevant letters for the Panel's approval.

BW

4. Quarterly Hearing with the Minister for Social Security

The Panel noted it was due to receive the Minister for Social Security for a Quarterly Hearing at 2pm on 6th August and considered possible areas of questioning. The Officer was asked to draft a question plan for the Panel's consideration.

BW

5. Future Meetings

The Panel noted that its next scheduled meeting was due to take place at 10:00am on 6th August 2020.

 

Meeting held by video conference

Date: 30th July 2020

 

Present

Deputy Mary Le Hegarat , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Carina Alves

Deputy Trevor Pointon

Deputy Geoff Southern

Apologies

 

Absent

 

In attendance

Ben Walker , Research and Project Officer

Agenda matter

Action

1.  Meeting – Mental Health Services

The Panel met to discuss the provision of Mental Health Services in Jersey, following concerns brought to its attention by members of the Public regarding a number of specific mental health cases. The Panel agreed that it would consider any actions at its next meeting on 6th August 2020.

The Panel considered its work programme for the remainder of the year and beginning of 2021. It was noted that the Panel had agreed to undertake a follow up review to its previous review of Mental Health Services (S.R.4/2019), which was completed in March 2019. It was further noted that the Panel had also agreed to commence a review of Maternity Services at the end of the year, following its review of the Jersey Care Model. The Panel agreed that it would give more consideration to its future work programme at its meeting on 6th August 2020.

 

Date: 6th August 2020

 

Present

Deputy Mary Le Hegarat , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Carina Alves

Deputy Trevor Pointon

Apologies

Deputy Geoff Southern

Absent

 

In attendance

Item 5 only:

Deputy Judy Martin, Minister for Social Security

Deputy Scott Wickenden, Assistant Minister for Social Security

Deputy Jeremy Macon, Assistant Minister for Social Security

Sue Duhamel, Head of Policy, Strategic Policy, Planning and Performance Ian Burns, Director General, Customer and Local Services

Sammy McKee , Committee and Panel Officer Ben Walker , Research and Project Officer

Agenda matter

Action

1.  Records of Meetings

The Panel noted and approved the records of the meetings held on 9th and 23rd July 2020.

 

2.  Jersey Care Model Review (JCM)

The Panel noted the extension of the advisers' contract following approval by the Scrutiny Liaison Committee and the Greffier of the States. It was further noted that an agreement had been made between the Panel and the advisers as to the future work the advisers would undertake in order to complete its review of the JCM.

The Panel noted that it was due to receive the Primary Care Board for a private meeting at 10am on Wednesday 12th August 2020 to discuss its views regarding the future working arrangement under the proposed JCM.

The Panel expressed concerns regarding the current timetable for the lodging and subsequent debate of the Jersey Care Model. It was agreed that it would be extremely challenging to undertake a thorough review of the final JCM in a 6-week period. The Panel agreed to seek further clarity from the Minister for Health and Social Services as to the timetable for the completion of relevant documents that the Panel need to consider as part of its review. The Officer was requested to draft a letter for the Panel's consideration.

The Panel considered potential dates in September for a Public Hearing with the Minister for Health and Social Services. It identified the afternoon of Tuesday 15th September as a possible date and the Officer was asked to liaise with the Department as to the availability of the Minister and Officers on that day.

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3.  Government Plan/Recovery Plan

 

 

The Panel recalled that a series of questions had been sent to the Minister for Health and Social Services and the Minister for Social Security regarding a number of projects that were approved in the Government Plan 2020-2023. It was noted that responses had now been received from both Ministers. The Panel agreed to consider the responses following the meeting and deferred discussion of the information contained within the letters until its next meeting on 20th August 2020.

The Panel noted that it had agreed to hold the following Public Hearings in respect of its review of the Government Plan 2021-2024:

  • The Minister for Health and Social Services at 2pm on Friday 23rd October
  • The Minister for a Social Security on the afternoon of Thursday 22nd October.

The  Officer  was  asked  to  liaise  with  the  Department  to  make  the  necessary arrangements.

SM

4.  Review of Coronavirus

The Panel noted that P.96/2020 – Draft Covid-19 (Social Security – Reduction of Contribution Rates) (Jersey) Regulations 202- had been lodged by the Minister for Social Security on 27th July 2020. It was recalled that the Panel had already received a briefing on the proposals contained within the Draft Regulations, and the Fiscal Stimulus Package in general, on 15th July 2020. The Panel agreed that it was content with the Draft Regulations and did not require a further briefing.

The Panel considered its review of Covid-19 to date and the work it had undertaken, specifically on reviewing the draft emergency Legislation that was enacted as a result of the pandemic. Further consideration was given to how the Panel could present its work as a package to members of the public. The Officer advised the Panel that she would present options to the Panel at its next meeting on 20th August 2020.

SM

5.  Quarterly Hearing with the Minister for Social Security

The Panel received the Minister for Social Security and Departmental Officers for a Quarterly Hearing at 2pm. The proceedings were webcast live and a recording was made so that a transcript could be produced.

 

6.  Future Meetings

The Panel noted that its next scheduled meeting was due to take place at 10:00am on 20th August 2020.

 

Meeting held by video conference

Date: 6th August 2020

 

Present

Deputy Mary Le Hegarat , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Carina Alves

Deputy Trevor Pointon

Apologies

Deputy Geoff Southern

Absent

 

In attendance

Deputy Richard Renouf , Minister for Health and Social Services Senator  Steve  Pallett,  Assistant  Minister  for  Health  and  Social Services

Deputy  Hugh  Raymond,  Assistant Minister  for  Health  and  Social Services

Ivan Muscat, Deputy Medical Officer of Health, Health and Community Services

Megan Mathias, Group Director of Policy, Strategic Policy, Planning and Performance

Nathan  Fox,  Head  of  Policy,  Criminal  Justice,  Strategic  Policy, Planning and Performance Department

Senator Kristina Moore , President of the Scrutiny Liaison Committee Deputy  Kirsten   Morel ,  Vice-President  of  the  Scrutiny  Liaison Committee

Connetable Michael Jackson , Member of the Scrutiny Liaison Committee

Senator Sarah Ferguson, Member of the Scrutiny Liaison Committee Deputy Robert Ward , Member of the Scrutiny Liaison Committee

Sammy McKee , Committee and Panel Officer Ben Walker , Research and Project Officer

Agenda Matter

Action

1.  Coronavirus Briefing – Level 1 Update on Living Safely with COVID-19 and Extension of Emergency Legislation

The Panel received a joint briefing with the Scrutiny Liaison Committee and the Economic and International Affairs Scrutiny Panel (Scrutiny Members') from the Minister for Health and Social Services (the Minister') and Officers from the Health and Community Services Department (HCS') and the Strategic Policy, Planning and Performance  Department  (SPPP')  for  an  update  on  the  COVID-19  Safe  Exit Framework and for a briefing on the extension of emergency legislation. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Absolute Exemption Article 26.

 

Meeting held by video conference

Date: 12th August 2020

 

Present

Deputy Mary Le Hegarat , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Carina Alves

Deputy Trevor Pointon

Deputy Geoff Southern

Apologies

 

Absent

 

In attendance

Dr Nigel Minihane, Chair Primary Care Board

Dr Gordon Callander, Member Primary Care Board Dr Bob Parris, Member Primary Care Board

Sammy McKee , Committee and Panel Officer Janice Hales , Research and Project Officer Ben Walker , Research and Project Officer

Agenda Matter

Action

1.  Meeting - Jersey Care Model

The Panel received members of the Primary Care Board (PCB') for an update on their views regarding the proposed Jersey Care Model (JCM') and their recent deployment to Health and Community Services. The record of this meeting was classified as exempt  in  accordance  with  the  Freedom  of  Information  (Jersey)  Law  2011  (as amended) under Absolute Exemption Article 26.

 

Health and Social Security Scrutiny Panel

Record of Meeting

Meeting held by video conference

Date: 28th August 2020

 

Present

Deputy Mary Le Hegerat, Chair

Deputy Kevin Pamplin, Vice-Chair

Deputy Carina Alves

Deputy Trevor Pointon

Deputy Geoffrey Southern

Struan Coad, Adviser to the Health & Social Security Scrutiny Panel

Apologies

None

In attendance

Deputy Richard Renouf , Minister for Health & Social Services Senator Steve Pallett, Assistant Minister for Health & Social Services

Steven Mair, Group Director, Performance Accounting and Reporting Rose Naylor, Chief Nurse

Jo Poynter, Associate Managing Director at Government of Jersey

Mark Richardson, Assistant Director of Policy and Ministerial Support Robert  Sainsbury,  Group  Managing  Director,  Health  and  Community Services

Sammy McKee , Committee & Panel Officer Theodore Stone, Research & Project Officer

 

Agenda matter

Action

1. Private Briefing on the Jersey Care Model - Update

The Panel received a briefing on the latest developments regarding the Jersey Care Model from Officers, focusing on the updated financial information and the impact of COVID-19 on its implementation.

This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35.

 

28.08.20

Date: 02nd September 2020

 

Present

Deputy Mary Le Hegarat , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Trevor Pointon

Deputy Geoff Southern

Apologies

Deputy Carina Alves

Absent

 

In attendance

Sammy McKee , Committee and Panel Officer Ben Walker , Research and Project Officer

Agenda matter

Action

1.  Records of Meetings

The Panel noted and approved the records of the meetings held on 30th July and 6th and 12th August 2020.

 

2.  Jersey Care Model Review (JCM)

The Panel noted that it was due to receive the Minister for Health and Social Services (the Minister') for a Public Hearing on 15th September at 2pm and noted the advisers observation that they did not believe substantial progress on the JCM could be made in the subsequent 2 years, with likely delays to Primary Care reforms until the year 2023.

The  Panel  considered  areas  of  questioning  for  the  Public  Hearing  on  15th September. The Panel agreed to raise questions about GP working practises in relation to the Primary Care proposals and noted the recent appointment of Dr Adrian Noon as the General Medical Council Responsible Officer. The Panel expressed concern about a number of areas under the JCM which were due to be completed in February  before  the  outbreak  of  COVID-19  in  Jersey,  and  which  remained outstanding. The Officer advised that a Report was being compiled in respect of the JCM, and that the advisers had raised concerns about stakeholder perception of the JCM in its current form and raised questions about delays in certain areas of the JCM. The Panel noted the absence of financial information, particularly the funding of the JCM, and agreed that a detailed business model with a financial plan was required to provide enough scrutiny.

The Panel noted that the risk of COVID-19, the end of the transition period between the United Kingdom and the European Union in respect of Brexit negotiations and the current issues with the JCM presented a material risk that the Future Hospital project may fail to start. The Panel requested an update on the Future Hospital Project from the Officer. It was advised that the Future Hospital Review Panel's Review into the site selection process had gone live and that a full tendering process to engage expert advisers had begun. It was advised in respect of the JCM, that the Panel's advisers had raised questions about the decisions made in respect of workforce and had expressed concern that insufficient detail had been provided about the digital transformation work under the JCM.

 

 

The Panel considered whether it wished to hold any Public Hearings in respect of the JCM and noted that the Primary Care Board had been identified as a possibility for a Public Hearing. The Panel agreed that consultation with third sector agencies and employees was required to properly understand the recruitment issues faced by the industry, such as a chronic lack of carers in the community. The Panel noted it had already received a number of submissions and requested that meetings with third sector agencies be arranged.

The Panel received an Officer update on the GP Survey. It was advised that the survey had received 55 responses since it was made available to GPs with a number of responses that included written feedback. The Officer advised that the survey would remain open to collect further responses, over the course of the following week, before presenting formatted data to the Panel for consideration.

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BW/SM

3. Government Plan/Recovery Plan

The Panel noted that it had received responses from both the Ministers for Health and Social Services and Social Security to its requests for updates to the Government Plan following the outbreak of COVID-19 in Jersey.

The Panel recalled that it had received a 6-Monthly Report Briefing, alongside the distribution of R.89, which set out the status of projects under the remit of a number of Ministers. The Panel noted the Officer document which set out the updated status of each project under the Panel's remit, under the R.89 Report.

 

4. Affordable Access to Primary Care Scheme (P.125/2019):

The Panel noted it was due to receive a briefing on P.125/2019 and requested that the Officer make arrangements for a briefing on the 7th September at 2pm. The Panel also noted that P.125/2019 was due to be lodged for debate on 8th September.

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5. Review of Coronavirus

The Panel recalled that P.103/2020 - Draft Covid-19 (Amendments – Extension, Suspension and Repeal) (Jersey) Regulations 202-' (P.103/2020') had been lodged on 11th August and was due to be debated on 8th September. The Panel's work on P.103/2020 included identifying Emergency Legislation that had previously been scrutinised by the Panel and whether it had proposed that the Legislation would be extended, suspended or repealed under P.103/2020.

The Panel agreed that it would not undertake further work on P.103/2020 at this time.

The Panel noted the response received from the Minister for Health and Social Services, on the 12th August to its letter concerning the Government of Jersey's relationship with suppliers of Personal Protective Equipment.

 

6. Draft COVID-19 (Social Security – Reduction of Contribution Rates) (Jersey) Regulations 202- (P.96/2020): amendment.

The Panel noted that P.96/2020, Draft Covid-19 (Social Security – Reduction of Contribution Rates) (Jersey) Regulations 202-: amendment, had been lodged on 23rd August 2020 (and was due for debate on 8th September). The Panel recalled that P.96/2020 was part of a package of Fiscal Stimulus measures designed to mitigate the impact of COVID-19 in Jersey.

 

7. Future Meetings

The Panel noted it's next meeting was due to take place at 10am on 17th September 2020.

 

Record of Meeting

Meeting held by video conference

Date: 21st September 2020

 

Present

Deputy Mary Le Hegarat , Chair, Health and Social Security Scrutiny Panel Deputy  Kevin  Pamplin,  Vice-Chair,  Economic  and  International  Affairs Scrutiny Panel

Deputy Kirsten Morel , Chair, Economic and International Affairs Scrutiny Panel

Deputy David Johnson , Vice-Chair, Economic and International Affairs Scrutiny Panel

Senator Kristina Moore

Deputy Carina Alves

Deputy Trevor Pointon

Deputy Geoffrey Southern

Apologies

 

In attendance

James Silverston, Director, Office of the Chief Executive

Ruth Johnson , Head of Policy, Strategic Policy, Planning and Performance Department

Kellie Boydens , Principal Committee & Panels Officer Sammy McKee , Committee & Panels Officer

Ben Walker , Research & Project Officer

 

 

 

Agenda matter

Action

1. Private Briefing on the Draft Shops (Regulation of Opening) (Amendment – General  Practitioner  Surgeries  And  Pharmacies)  (Jersey)  Regulations  202- (P.112/2020)

The Health and Social Security Scrutiny Panel and the Economic and International Affairs Scrutiny Panel (Scrutiny Members') received Departmental Officers from the Strategic Policy, Planning and Performance Department (SPPP') and the Office of the Chief Executive for a joint private briefing on the Draft Shops (Regulation of Opening) (Amendment – General Practitioner Surgeries And Pharmacies) (Jersey) Regulations 202- (P.112/2020) (draft Regulations'). This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Absolute Exemption Article 26.

 

Record of Meeting

Date: 15th October 2020

 

Present

Deputy Mary Le Hegarat , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Trevor Pointon

Deputy Carina Alves

Deputy Geoff Southern

Apologies

 

Absent

 

In attendance

Sammy McKee , Committee and Panel Officer

Agenda matter

Action

1. Jersey Care Model Review (JCM)

The Panel recalled that the main body of its report on the Jersey Care Model had been sent to the Health and Community Services Department and key stakeholders for factual checking. The Panel agreed to meet on Monday 19th October to discuss and approve the Panel's findings and recommendations and consider a possible amendment to P.114/2020 – The Jersey Care Model'. The Officer was asked to make the necessary arrangements.

SM

2. Government Plan/Recovery Plan

The Panel received an update from the Officer in regard to the Government Plan 2021-2024. The Panel noted that the following public hearings were due to take place the following week:

  • 2-4pm on 22nd October with the Minister for Social Security
  • 4:30-6:30pm on 23rd October with the Minister for Health and Social Services

The Panel further noted that draft question plans had been circulated to the Panel prior to the meeting. Consideration was given to the question plans and a number of changes were identified. The Officer was asked to enact the amendments and re- circulate to the Panel once completed.

The Panel approved the Terms of Reference and Scoping Document for its review of the Government Plan 2021-2024.

SM

3. Future Meetings

The Panel noted that its next meeting was due to take place at 10am on 29th October 2020.

 

Record of Meeting

Meeting held by video conference

Date: 26th October 2020

 

Present

Deputy Mary Le Hegarat , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Carina Alves

Deputy Trevor Pointon

Deputy Geoff Southern

Apologies

 

Absent

 

In attendance

Deputy Richard Renouf of St. Ouen , The Minister for Health and Social Services

Senator Steve Pallett, Assistant Minister for Health and Social Services Mr. Robert Sainsbury, Group Managing Director

Ms. Rose Naylor, Chief Nurse

Ms. Isabel Watson, Associate Managing Director

Dr. Anuschka Muller, Director for Improvement and Innovation

Mr  Graham  Ramsden,  Head  of  Corporate  Change,  Delivery  and Modernisation in Digital

Ms Joanne Larkin, Head of Finance Business Partnering, Our Hospital Mr Steven Mair, Group Director, Performance Accounting and Reporting

Sammy McKee , Committee and Panel Officer Ben Walker , Research and Project Officer

Agenda matter

Action

1.  Quarterly Hearing with the Minister for Health and Social Services

The Panel received the Minister for Health and Social Services and his Officers for a Quarterly Hearing at 2pm. The proceedings were webcast live and a recording was made so that a transcript could be produced.

 

Record of Meeting

Date: 29th October 2020

 

Present

Deputy Mary Le Hegarat , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Carina Alves

Deputy Trevor Pointon

Deputy Geoff Southern

Apologies

 

Absent

 

In attendance

Item 2 only:

Deputy R.J. Renouf of St. Ouen, The Minister for Health and Social Services

Senator S.W. Pallett, Assistant Minister for Health and Social Services Mr. R. Sainsbury, Group Managing Director

Ms. R. Naylor, Chief Nurse

Ms. I. Watson, Associate Managing Director

Dr. A. Muller, Director for Improvement and Innovation

Mr. A. Khaldi, Director of Public Health Policy

Mr. M. Richardson, Ministerial Support

Mr.  A.  Heaven,  Head  of  Policy,  Strategic  Policy,  Planning  and Performance

Ms. R. Sherrington, Associate Chief Nurse

Ms. A. Hamon, Senior Policy Officer

Sammy McKee , Committee and Panel Officer Ben Walker , Research and Project Officer

Agenda matter

Action

1. Records of Meetings

The Panel noted and approved the records of the meetings held on 15th October 2020.

 

2. Quarterly Hearing with the Minister for Health and Social Services

The Panel received the Minister for Health and Social Services and his Officers for a Quarterly Hearing at 10am. The proceedings were webcast live and a recording was made so that a transcript could be produced.

 

3. Jersey Care Model Review (JCM)

The Panel noted that its report on the Jersey Care Model was lodged on Friday 23rd October and that the Panel's amendment to P.144/2020 - The Jersey Care Model' was lodged on 20th October 2020. The Panel considered the implications of rejecting the Minister's Amendment to the P.144/2020 Amendment, and agreed that it would accept the Minister's Amendment to the Amendment on the basis that monthly updates on the status of the JCM would enable the Panel to continue to ensure an appropriate degree of accountability for the delivery of the JCM. The Panel requested that the Committee and Panel Officer notify the Minister that it accepted the Amendment to the Amendment and to follow up with its Advisers.

SM

4. Government Plan/Recovery Plan

 

 

The Committee and Panel Officer informed the Panel that letters with follow up questions from the public hearings were sent to the Ministers for Health and Social Services on 27th October and to the Minister for Social Security on 28th October and that the Government Plan Report was being drafted by Officers. The Panel noted that both Ministers had been given five days to provide responses to the Panel's questions.

 

5. Quarterly Hearing

The Panel agreed to receive the Minister for Social Security to a Quarterly Public Hearing on 12th November and agreed to consider areas of questioning by 3rd November to be sent in advance of the Quarterly Public Hearing, to the Minister and her Officers.

BW

6. Future Meetings

The Panel noted that its next scheduled meeting was due to take place at 10:00am on 12th November 2020.

 

Record of Meeting

Meeting held by video conference

The record of this meeting is classified as exempt in accordance with the Freedom of Information (Jersey) Law 2011 (as amended). (Exemption shown below)

Date: 29th October 2020

 

Present

Deputy Mary Le Hegarat , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Carina Alves

Deputy Trevor Pointon

Deputy Geoffrey Southern

Apologies

 

In attendance

Deputy Richard Renouf , Minister for Health and Social Services

Senator Steve Pallett, Assistant Minister for Health and Social Services Deputy Hugh Raymond, Assistant Minister for Health and Social Services Tom   Walker ,  Director  General.  Community  and  Constitutional  Affairs Megan  Mathias,  Group  Director,  Policy  Community  and  Constitutional Affairs Anuschka Muller, Director of Corporate Planning and Performance Steve Skelton, Director of Strategy and Innovation

Dr Susan Turnbull, Medical Officer of Health

Senator Kristina Moore , President, Scrutiny Liaison Committee

Deputy Kirsten Morel , Vice-President, Scrutiny Liaison Committee Connétable Mike Jackson , Member, Scrutiny Liaison Committee

Deputy Robert Ward , Member, Scrutiny Liaison Committee

Andrew Harris , Committee & Panels Officer Ben Walker , Research & Project Officer

 

 

 

Agenda matter

Action

1. Briefing – Public Health Strategy Update

The Panel received a briefing from the Minister for Health and Social Services, the Assistant Ministers and Government Officials on Jersey's Public Health Strategy in response to Covid-19. Members of the Scrutiny Liaison Committee also attended. The briefing comprised of an update on Public Health Intelligence and the Winter Strategy Briefing.  This  meeting  was  held  in  private  in  accordance  with  the  Freedom  of Information (Jersey) Law 2011 (as amended) under Absolute Exemption Article 26 and a private record was taken.

 

Record of Meeting

Meeting held by video conference

Date: 9th November 2020

 

Present

Deputy Mary Le Hegarat , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Trevor Pointon

Apologies

Deputy Geoffrey Southern Deputy Carina Alves

In attendance

Sue Duhamel, Director, Strategic Planning, Policy and Performance

Mark  MacGregor,  Policy  Principal,  Strategic  Planning,  Policy  and Performance

Sammy McKee , Committee & Panel Officer Ben Walker , Research & Project Officer

 

Agenda matter

Action

1. Briefing   Draft  Social  Security  (Amendment  of  Law  No.15)  (Jersey) Regulations 202-

The Panel received a private briefing from Officers from Strategic Policy, Planning and Performance  on  the  Draft  Social  Security  (Amendment  of  Law  No.15)  (Jersey) Regulations 202- (P.148/2020') which was lodged by the Minister for Social Security (the Minister') on 2nd November 2020. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Absolute Exemption Article 26 and a private record was taken.

 

Record of Meeting Meeting held by video conference

Date: 12th November 2020

 

Present

Deputy Mary Le Hegarat , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Carina Alves

Deputy Trevor Pointon

Apologies

Deputy Geoff Southern

Absent

 

In attendance

Item 2 only:

Deputy Judy Martin, Minister for Social Security

Ian Burns, Director General, Customer and Local Services

Sue  Duhamel,  Head  of  Policy,  Strategic  Policy,  Performance  and Population

Sammy McKee , Committee and Panel Officer Ben Walker , Research and Project Officer

Agenda matter

Action

1. Records of Meetings

The Panel noted and approved the records of the meetings held on 26th and 29th October (public A and B and private) 2020.

 

2. Quarterly Hearing with the Minister for Health and Social Services

The Panel received the Minister for Social Security and her Officers for a Quarterly Hearing at 2pm. The proceedings were webcast live and a recording was made so that a transcript could be produced.

 

3. Jersey Care Model Review (JCM)

The Panel discussed the current arrangements with its advisers and recalled the interview process that it undertook to engage expert advice for its Review of the JCM. The Panel agreed to postpone a decision on the current arrangement with its advisers until it received the Ministerial Response from the Minister for Health and Social Services on 4th December.

 

4. Government Plan/Recovery Plan

The Committee and Panel Officer informed the Panel that it was still waiting to receive a response from the Minister for Health and Social Services and his Officers, to its letter dated 27th October 2020.

The  Panel  discussed  whether  it  wished  to  propose  any  amendments  to  the Government Plan, specifically, regarding the proposal to defer the payment of the States Grant into the Social Security Fund for another year. The Panel agreed that it required further information about the proposed use of the deferred funds before it was able to make a decision. The Officer was asked to seek further clarity from the Minister for Social Security in this regard.

SM

 

5. Nightingale Hospital Visit

The Officer informed the Panel that Officers from Health and Community Services had proposed a Panel visit to the Nightingale Hospital in early December 2020.

 

6. Meeting Schedule 2021

The Panel discussed possible meeting dates in 2021 for its meetings with an agenda and for meetings to discuss Reviews. The Panel agreed to meet on each Thursday of the first week following the States Sitting in 2021, to discuss its agenda, and the Thursday  of  the  following  week  after  that,  to  discuss  any  Reviews.  The  Panel requested that the Officer compile a list of dates for meetings to discuss its agenda's and any Reviews.

BW

7. Future Meetings

The Panel noted that its next scheduled meeting was due to take place at 10:00am on 26th November 2020 in the Le Capelain Room of the States Building or on Teams.

 

Record of Meeting

Meeting held by video conference

The record of this meeting is classified as exempt in accordance with the Freedom of Information (Jersey) Law 2011 (as amended). (Exemption shown below)

Date: 16th November 2020

 

Present

Deputy Mary Le Hegarat , Chair, Health and Social Security Scrutiny Panel Deputy Kirsten Morel , Chair, Economic and International Affairs Scrutiny Panel

Deputy Kevin Pamplin, Vice-Chair, Health and Social Security Scrutiny Panel

Deputy David Johnson , Vice-Chair, Economic and International Affairs Scrutiny Panel

Deputy Trevor Pointon

Apologies

Senator Kristina Moore Deputy Inna Gardner Deputy Geoffrey Southern Deputy Carina Alves

In attendance

Deputy Richard Renouf , Minister for Health and Social Services

Nathan Fox, Head of Policy, Criminal Justice, Strategic Policy, Planning and Performance

Kellie Boydens , Principal Committee & Panel Officer Sammy McKee , Committee & Panel Officer

Ben Walker , Research & Project Officer

 

Agenda matter

Action

1. Briefing – Draft COVID-19 (Gatherings) (Jersey) Regulations 202-

The Panel received a private joint briefing, with Members of the Economic and International Affairs Scrutiny Panel, from the Minister for Health and Social Services and Officers from Strategic Planning, Policy and Performance on the Draft COVID-19 (Gatherings) (Jersey) Regulations 202- (P.157/2020). This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Absolute Exemption Article 26 and a private record was taken.

 

2. Briefing – Draft COVID-19 (Workplace Restrictions) (Amendment) (Jersey) Regulations 202-

The Panel received a private joint briefing, with Members of the Economic and International Affairs Scrutiny Panel, from the Minister for Health and Social Services and Officers from Strategic Planning, Policy and Performance on the Draft COVID-19 (Workplace Restrictions) (Amendment) (Jersey) Regulations 202- (P.158/2020). This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Absolute Exemption Article 26 and a private record was taken.

 

2020.11.16

Record of Meeting

Meeting held by video conference

Date: 26th November 2020

 

Present

Deputy Mary Le Hegarat , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Carina Alves

Deputy Trevor Pointon

Deputy Geoff Southern

Apologies

 

Absent

 

In attendance

Sammy McKee , Committee and Panel Officer Ben Walker , Research and Project Officer

Agenda matter

Action

1. Records of Meetings

The Panel noted and approved the records of the meetings held on 9th (public and private) and 12th November.

 

2. Government Plan

The  Committee  and  Panel  Officer  informed  the  Panel  that  factual  checking' comments  had  been  received  back  from  the  Customer  and  Local  Services Department in relation to the Social Security section of the Panel's review of the Government Plan 2021-24. The Panel was also informed that comments had not yet been received from the Health and Social Services Department, despite the deadline having passed.

The Panel noted and approved the Findings and Recommendations' section of the draft report. Consideration was given to the status of the Social Security Review and it was noted that previous reports that had been drafted in relation to this matter, concerning the future mechanism for payment of "long term sickness" benefits. The Officer was asked to request these reports from the Customer and Local Services Department for the Panel's review.

The Committee and Panel Officer advised the Panel that the conclusion section of its report on the Government Plan 2021-2024 was currently being drafted. It was also advised that once it had been completed, the Officer would ciruclate the final report to the Panel for approval, with the intention of presenting it on Friday 27th November.

SM/BW SM

3. COVID-19 Response

The  Panel  recalled  that  it  had  approved  and  debated  the  Draft  COVID-19 (Gatherings) (Jersey) Regulations 202- (P.157/2020) and had produced a Comments Paper  on  P.157/2020,  which  was  presented  to  the  States  Assembly  on  20th November.

 

4. Briefing - Public Health Strategy Update

 

 

The Panel noted it was due to receive the Minister for Health and Social Services and his Officers for a private briefing on the Government's Public Health Strategy at 2pm.

 

5. Meeting Dates for 2021

The Panel noted and approved its Agenda and Review meeting sessions for 2021.

 

6. Panel Membership

Deputy Trevor Pointon advised the Panel that he had accepted the posiiton of Assistant Minister for Health and Social Services and, as a result, would be resgining from his role as member of the Panel. The Panel thanked him for all his hard work and wished him luck in his new role.

 

7. Future Meetings

The Panel noted that its next scheduled meeting was due to take place at 10:00am on 10th December 2020.

 

Record of Meeting

Meeting held by video conference

Date: 26th November 2020

 

Present

Deputy Mary Le Hegarat , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Carina Alves

Deputy Trevor Pointon

Deputy Geoffrey Southern

Apologies

Deputy Robert Ward , Member, Scrutiny Liaison Committee

In attendance

Deputy Richard Renouf , Minister for Health and Social Services

Alex  Khaldi,  Interim  Director,  Public  Health  Policy,  Strategic  Policy, Planning and Performance

Marguerite Clarke, Principal Officer, Public Health Intelligence, Strategic Policy, Planning and Performance

Senator Kristina Moore , President, Scrutiny Liaison Committee

Deputy Kirsten Morel , Vice-President, Scrutiny Liaison Committee Connétable Mike Jackson , Member, Scrutiny Liaison Committee

Deputy Inna Gardner, Member, Scrutiny Liaison Committee

Sammy McKee , Committee & Panels Officer Ben Walker , Research & Project Officer

 

Agenda matter

Action

1. Briefing – Public Health Strategy Update

The Panel and Committee received a joint briefing with the Scrutiny Liaison Committee from the Minister for Health and Social Services and his Officers on Jersey's Public Health  Strategy  in  response  to  Covid-19.  This  meeting  was  held  in  private  in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Absolute Exemption Article 26 and a private record was taken.

 

Record of Meeting

Meeting held by video conference

Date: 11th December 2020

 

Present

Deputy Mary Le Hegarat , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Carina Alves

Deputy Geoff Southern

Apologies

 

Absent

 

In attendance

Item 7 only:

Deputy Judith Martin, Minister for Social Security

Ian Burns, Director General, Customer and Local Services

Sue  Duhamel,  Head  of  Policy,  Strategic  Policy,  Performance  and Population

Samantha Sugden, Policy Principal, Strategic Policy, Performance and Population

Ben Walker , Research and Project Officer

Agenda matter

Action

1. Records of Meetings

The Panel noted and approved the records of the meetings held on 16th (public and private), 23rd and 26th (public A and B and private) November 2020.

 

2. Government Plan

The Panel noted that its Government Plan 2021-2024 report had been presented on 27th November and that it was due to receive a Ministerial Response from the Ministers for Health and Social Services and Social Security on 8th January 2021.

 

3. Jersey Care Model (JCM')

The Panel recalled it had received a briefing from Departmental Officers from Health and Community Services, concerning Governance in relation to the JCM on the 4th December 2020. It was also recalled that at the briefing it had been advised that over 200  stakeholders  had  been  invited  to  briefing  sessions  on  the  new  model  of Governance for the JCM.

The Panel noted that the Departmental Officers would share the outcomes of those governance briefing sessions with the Panel once they had concluded. The Panel asked the Officer to request details of how many stakeholders attended the briefing sessions, with a breakdown of attendees by their profession and to request any meeting notes. The Panel also asked that the Officer request any press releases or advertisements that were issued to the public in respect of the governance briefing sessions and in relation to the JCM Independent Board.

SM

4. Briefing - Public Health Strategy Update

 

 

The Panel recalled that it had met the Minister for Health and Social Services and his Officers for an update on the COVID-19 Vaccine Delivery Programme, Public Health Intelligence data and the COVID-19 Christmas and New Year guidance on the 10th December. The Panel requested that the Officer draft a letter to the Minister for Health and Social Services with questions concerning the method of COVID-19 vaccine storage and delivery, the timetable for delivery of the vaccine, the delivery schedule of vaccine batches, vaccine damage compensation and consideration of the medical records of the elderly and vulnerable with pre-existing conditions in relation to the COVID-19 vaccine.

BW

5. Work Programme

The Panel noted and approved its Work Programme for 2021.

 

6. Quarterly Hearing dates

The Panel noted it would receive dates for its 2021 Quarterly Hearings to consider and approve, in due course.

 

7. Briefing – GP Access Scheme

The Panel received a briefing from the Minister for Social Security and Government Officials on the launch of the GP Access Scheme (Scheme'). The record of this meeting was classified as exempt in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Absolute Exemption Article 26.

 

8. Future Meetings

The Panel noted that its next scheduled meeting was due to take place at 2pm on 14th January 2020 in the Le Capelain Room/ via Teams.

 

Record of Meeting

Meeting held by video conference

Date: 16th December 2020

 

Present

Deputy Mary Le Hegarat , Chair Deputy Kevin Pamplin, Vice-Chair Deputy Carina Alves

Deputy Geoffrey Southern

Apologies

 

In attendance

Steve Jackson , Group Director of Customer Operations, Customer and Local Services

Sue  Duhamel,  Head  of  Policy,  Strategic  Policy,  Performance  and Population

Samantha Sugden, Policy Principal, Strategic Policy, Performance and Population

Matthew Viney, Senior Policy Officer, Strategic Policy, Performance and Population

Sammy McKee , Committee & Panel Officer Ben Walker , Research & Project Officer

 

Agenda matter

Action

1. Briefing – Variations to COVID-19 Isolation and Sickness Benefit

The Panel received a briefing from Officers from the Customer and Local Services Department  and  Strategic  Policy,  Performance  and  Population  Department, concerning variations to the COVID-19 Isolation and Sickness Benefit (Benefit'). The record of this meeting was classified as exempt in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Absolute Exemption Article 26.