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Ministerial Response - Review of Work Permit Holder Welfare - 24 November 2023

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Ministerial Response: S.R.2/2023 Ministerial Response to be presented to States by: Thursday 23rd November 2023 Review title: Review of Work Permit Holder Welfare

Scrutiny Panel: Work Permit Holder Welfare Review Panel

Minister's Introduction:

The Minister for Justice and Home Affairs is grateful to the Panel for this timely review, and pleased to present this response on behalf of all relevant Ministers. This response has received contributions from the Ministers for Social Security; Health and Social Services; Housing and Communities; Treasury and Resources; and Sustainable Economic Development.

Since assuming office, the Minister had been concerned at anecdotal information she was hearing in relation to the experience of some work permit holders in Jersey. This prompted an initial review of the Work Permit Policy in 2023, which to some extent overlapped with the Panel's review. This timing means that it likely that the effects of recent updates to the Policy may not have been evident in the evidence captured. Certainly, it will be important to keep this under regular review.

As the Panel's review notes, there has been a very significant increase in the number of those resident in Jersey as work permit holders since 2019. It should also be noted that the demographics of those work permit holders have shifted during that time, and work permit holders are increasingly coming to Jersey from regions which are geographically further away. This includes, in particular, an increase in those of Kenyan and Filipino nationality. The Panel have rightly noted in their report that this is a meaningful shift, which needs to be taken account of by government.

It was encouraging that the Panel's review points to the majority of work permit holders having a positive experience of their time in Jersey. There are also issues raised in relation to negative experiences of work permit holders that require reflection on how to best address these.

In considering this, there are a number of perspectives and needs that must be balanced. This review, in accordance with its terms of reference, focussed on the welfare of work permit holders. The Panel will also have become aware of the views of employers and industry, which must be included in this balance. In some cases, the Panel have identified where there is a tension between the needs of industry and employers and the welfare of work permit holders. It is the Minister's view that industry bodies are key to efforts to ensure and enhance the welfare of work permit holders, and would encourage them to embrace this role.

Equally, in determining the Work Permit Policy, the Government strives to balance the current needs of the local economy and a requirement for work permit holders to fill crucial vacances with our commitment to maintaining a robust border control as members of the Common Travel Area, alongside our local concerns in relation to sustainable population growth. This is a complex picture with work permits, and immigration in general, forming only one part.

Findings:

 

 

Findings

Comments

1

The number of work permits issued by the Jersey Customs and  Immigration  Service  has  increased  by  approximately 800% since 2019, and the drivers for this include Brexit, the outbreak of COVID-19, changing migration patterns, the cost of living and salary considerations. Furthermore, data from the Jersey Customs and Immigration Service indicates that:

  • Almost 39% of work permits granted in 2022 were granted to Kenyan and Filipino nationals.
  • More than 50% of the work permits issued in 2022 were issued to work permit holders in the seasonal hospitality sector.

Noted.

2

Work permit holders are not provided with guidance on the Work Permit Policy, the process of applying for a work permit, and are not involved in the work permit application process.

The work permit policy is essentially guidance to employers on how to apply for work permits and what they are expected to provide in support of the application. The policy has evolved to include information for employees, but this was not the intention when it was first developed at the end of 2020 for a post-Brexit world.

Employers will have already completed a robust recruitment process, part of  which  one  would  expect  employers  to  advise  their  prospective employees on what to expect in Jersey or for the employees to ask those questions.

3

The survey results indicated positive feedback from most work permit holders about their experiences of living and working in Jersey.

The Minister welcomes this finding.

4

Details about the information provided to work permit holders prior to their arrival in Jersey, highlights inconsistencies in the experiences of different work permit holders and stakeholders.

Historically all work permit related information was sent to the employer with an instruction to forward to the employee – based on feedback this was amended, and additional functionality added to the application form.

Now, as part of the application process the employer must provide a valid email address for their prospective employee – the employee is copied into an email to the employer when the work permit is issued with notices

 

 

on how to apply for their visa via GOV.UK (or further leave to remain for in-country  applications)  and  separate  notices  to  employers  and employees detailing restrictions associated with the permit that has been issued along with links to local information and key contact information (this was in place from April 2023). We will also be signposting to the new Your rights as an employee working in Jersey' leaflet which will be uploaded onto the Moving to Jersey webpages.

5

The data available to work permit holders on the Moving to Jersey webpages about the cost of living in Jersey is limited.

Noted.

6

The  Minister  for  Treasury  and  Resources  highlighted  that information about income tax, social security contributions and Long-Term Care contributions should be provided to work permit holders in time to inform their decisions about working in Jersey.

Noted.

7

Appendix 7 of the Work Permit Policy is not explicit that deductions (other than those for food and accommodation for minimum wage earners) should be supplied prior to signing a contract.

Noted.

8

The Work Permit Policy does not point to the consequences for  employers  who  do  not  provide  information  about deductions prior to the signing of a contract.

This is a contractual agreement between the employer and employee. We would expect this to be in the contract. The work permit policy states that an employer should manage the expectations of their employer and ensure that they are fully aware of any deductions.

9

The Employer Standards Oversight Board was established to look at the standard of treatment of all employees in Jersey and is a cross-departmental group led by the Minister for Home Affairs.

The Employer Standards Oversight Group meets on at least a quarterly basis and reports to the Population and Skills Ministerial Group (PSMG).

10

In addition to the Employer Standards Oversight Board, the Government established the Population and Skills Ministerial Group and the Labour Shortage Taskforce are examples of cross-departmental working within Government.

Correct.

11

There is no clear, single and reliable pathway for support offered to people arriving in Jersey on a work permit.

Noted.

12

The requirement' to leave within 7 days of the end/breakdown of a contract makes it less likely that a work permit holder will raise an issue about their employer, especially work permit holders that rely on their employer to provide accommodation.

A decision on how long to grant a person who has their leave curtailed is based  on  length  of  time  in  the  island,  reasons  for  leaving  their employment, their last working day and personal circumstances i.e., entirely based on invidual circumstances. There is no blanket requirement to leave within 7 days. JCIS can extend or shorten curtailment periods when appropriate.

One of the reasons for curtailing leave with relatively short time period is to ensure that employees do not become destitute because they cannot accommodate and maintain themselves in the Island as they do not always have access to public funds.

(This point is developed further, below, in response to recommendation 13).

13

The Work Permit Policy has taken compliance with the policy on  trust  or  relied  on  reporting  by  individuals  or  their representatives.

JCIS are developing a more proactive approach to compliance work.

14

The Common Population Policy Annual Report indicates that 2 officers have been recruited to encourage compliance' with the Work Permit Policy.

Noted.

15

There is some confusion about the function of immigration officers and whether they provide an advisory service'.

JCIS are not an advisory service but do assist customers with a range of general  immigration  queries,  signposting  customers  to  relevant information or offering options. We cannot provide immigration advice on matters which result in JCIS having to assess an application, particularly visa and work permit applications.

16

Employment tribunal judgements are a matter of public record and  are  published  on  the  Jersey  Law  Information  Board website.

Noted.

17

The 12-month restriction preventing work permit holders from moving  between  employers  places  more  power  with employers than work permit holders.

Noted.

18

The experience of some work permit holders does not match the expectation that they will be provided with a minimum 40- hour working week.

Zero-hour contracts are not permitted under the work permit policy. Work permits have only ever been issued where full-time employment is being offered.

 

 

In response to allegations of zero-hour contracts being given in a very limited number of cases, JCIS investigated and the employer reissued contracts to meet requirements of the policy. JCIS now require copies of signed contracts before the work permit is issued and employers should notify JCIS if any changes are made to a contract. The work permit policy was updated in April 2022 to include that an employee must be paid the going rate for their role based on employment of a 40-hour week which must be reflected in the contract of employment, if it is not then the work permit application will be refused.

19

The 9-month work permit with the requirement for the work permit holder to leave for 3 months between each permit incurs additional travel expenses for returning work permit holders and employers.

Noted.

20

Neither Appendix 7 to the Work Permit Policy nor the Moving to  Jersey  section  of  the  Government  website  provide comprehensive  advice  or  guidance  regarding  work-related support.

Appendix 7 contains information collated by SPPP as part of the Labour Shortage Taskforce. This is an overview and has been amended following input  from  other  Government  departments  and  JACS.  The  updated document is due to be made available on the Moving to Jersey webpage where it will be more accessible to anyone coming to work in Jersey.

21

There is a need for a coherent, comprehensive and clearly signposted  central  hub  for  information  which  is  provided physically and online.

Noted.

22

The Work Permit Policy lacks specificity in relation to the protection of work permit holders from Modern Slavery and exploitation.

Noted.

23

Modern Slavery legislation can be an effective tool in raising awareness of the existence of Modern Slavery and lead to an increase in reported cases of Modern Slavery and exploitation.

Noted.

24

The  United  Kingdom  Gangmasters  and  Labour  Abuse Authority operates a licencing scheme which assesses labour providers  against  licencing  standards  established  by  the Gangmasters and Labour Abuse Authority.

Noted.

25

The  Work  Permit  Policy  sets  out  a  broad  Ministerial expectation for a standard of accommodation that supports health and wellbeing but does not provide a definition of this standard of accommodation or for enforcement or checks to accommodation.

The legal standards apply through the Public Health and Safety (Rented Dwellings)  (Jersey)  Law  2018.  The  scope  extends  to  staff accommodation.

Checks on accommodation can be carried out provided the enforcement team are aware of the details of accommodation, which is the intention of P.40/2023,  implementing  a  Rented  Dwelling  Licensing  Scheme.  The principles of these Regulations have been approved with the detail due for debate on 28th November 2023.

26

It  is  not  immediately  clear  to  employers  what  their responsibility is in relation to the standard of accommodation where it is chosen and leased privately by the employee.

The  work  permit  policy  states  that  an  employer  must  take  into consideration the wellbeing of their employees, and that they have access to accommodation that supports their wellbeing. It does not stipulate that the employer must provide accommodation.

27

The high cost and shortage of suitable accommodation is a contributory factor to the cost of that accommodation

Noted.

28

The Work Permit Policy and Appendices to the Work Permit Policy,  does  not  include  information  about  access  to healthcare in Jersey, or links to information about healthcare in Jersey.

Noted.

29

The Work Permit Holder Survey indicated that most work permit holders had not been made aware of how the Jersey healthcare system operates prior to their arrival on-Island.

Noted.

30

Returning work permit holders are no longer required to re- complete the 6-month qualification period before being eligible for access to non-emergency health care provided that person returns to Jersey within three years.

Noted.

Recommendations:

 

 

Recommendations

To

Accept / Reject

Comments

Target date of action/ completio n

1

The Minister for Home Affairs should ensure that the language  of  the  Work  Permit  Policy  clearly communicates  employer  obligations  under  each category  of  work  permit,  regarding  work  permit holder recruitment and employment.

MHA

Accept

The  language  of  the  work  permit  policy  is currently  under  review with  a  view  to  clearly communicating all aspects, including employer obligations.

Q1 2024

2

The Minister for Home Affairs and the Minister for Economic Development, Tourism, Sport and Culture should undertake a process of consultation with key stakeholders from community groups and industry representatives to identify gaps in the information provided to work permit holders.

MHA EDTSC

Accept – comple te.

A range of stakeholder engagement has already been undertaken, which resulted in the creation of the ongoing Employer Standards Oversight Group and the creation of the Your rights as an employee working in Jersey' leaflet. This has been delivered on a cross Government basis, under the direction of the Population and Skills Ministerial Group and the leaflet on employee rights has been developed as discussed with the Panel. This will be available on Moving to Jersey webpages and links to it via JCIS notices and webpages.

Complete

3

The Minister for Home Affairs and the Minister for Economic Development, Tourism, Sport and Culture should introduce specific guidance to work permit holders  about  the  potential  costs of  travelling  to Jersey and the potential costs incurred from meeting the requirements of their United Kingdom visa and Jersey  work  permit,  as  well  as  agreeing  the responsibility for these costs.

MHA EDTSC

Partial accept

JCIS are in the process of amending the Work Permit Policy to provide clarity in relation to how to cost of the Work Permit should be met.

The costs of travelling to Jersey, and relocating more broadly, will clearly vary between individual circumstances. This is, and should continue to be, a matter for the employee and employer to agree.

Q1 2024

 

Recommendations

To

Accept / Reject

Comments

Target date of action/ completio n

4

The Minister for Home Affairs and the Minister for Economic Development, Tourism, Sport and Culture should  consult  with  Government  departments  to provide more detailed information about the cost of living in Jersey for work permit holders.

MHA EDTSC

Accept – comple te.

This  has  been  led  by  SPPP  on  a  cross Government basis and the leaflet on employee rights  was developed as  one  of  the  outputs, which  includes  this  information.  This  will  be available on Moving to Jersey webpages and links to it via JCIS notices and webpages.

There is a responsibility on GoJ departments to ensure that the information on the Moving to Jersey webpages are accurate and kept up to date.

Complete.

5

The Minister for Home Affairs should introduce a requirement  that  the  Seasonal  and  Temporary Workers Guide is provided to work permit holders prior  to  signing  a  contract  of  employment  to undertake employment in Jersey.

MHA

Reject

Unclear how this would be enforced.

This information is made available after a Work Permit has been secured but, crucially, before a visa  application  is  made  to  allow  potential employees to make an informed decision.

 

6

The Minister for Social Security should introduce a mechanism  to  refund  the  employee  paid pensionable  component  of  social  security contributions for work permit holders who do not transition  to  a  Skilled  Work  permit  or  remain  in Jersey for at least five years to qualify for a pension.

MSS

Reject

The review provides no evidence to support this recommendation.

Social Security contributions support a worker by providing access to both working age benefits and old age pensions. An old age pension can be claimed anywhere in the world once a worker has a record equivalent to 10% of a lifetime record. At present this requires 54 months of contributions   these  do  not  need  to  be consecutive. For workers with less than a 10% record,  reciprocal  agreements  with  some countries  allow  these  contributions  to  count towards their overall pension entitlement.

 

 

Recommendations

To

Accept / Reject

Comments

Target date of action/ completio n

 

 

 

 

Until a person is within 54 months of their own pension age it would not be possible to know if they would qualify for a pension or not.

It would be complicated and time consuming to track non-residents over time (possibly decades) and make refunds of relatively small amounts, including the administration involved in making sterling  payments  into  non  sterling  areas  (or converting those payments into local currency).

It  would  also  be  inappropriate  to  refund  the contributions if the worker had made a claim for a  working  age  benefit,  such  as  short-term incapacity  allowance.  Although  not  all  work permit  holders  will  satisfy  the  contribution conditions  for  a  working  age  benefit,  the increasing use of roll-over 1 year permissions will make it more likely that workers will qualify.

Workers may be reluctant to claim these short- term benefits (e.g. if they are ill) if they will forfeit a  lump  sum  repayment  at  the  end  of  their contract.   This  may  encourage  workers  to continue to work during periods of illness, to the detriment of their overall health and wellbeing.

Social Security contributions are also used to fund the Health Insurance Fund, having made 6 months of contributions in Jersey, all workers are able to make use of the Health Insurance Fund which  supports  the  cost  of  general  practice services and fully meets the cost of prescribed medicines.

 

 

Recommendations

To

Accept / Reject

Comments

Target date of action/ completio n

7

The Minister for Social Security should introduce a mechanism to refund the employer paid pensionable component  of  social  security  contributions  to employers  of  work  permit  holders,  whose employees who do not transition to a Skilled Work permit or remain in Jersey for at least five years to qualify for a pension.

MSS

Reject

As above.

 

8

The Minister for Home Affairs should ensure that the Work Permit Policy is updated by no later than 31 December 2023 to make it clear to work permit holders and employers that information about any deductions  should  have  been  provided  prior  to signing a contract and should make it clear what the consequences are for employers who do not do so.

MHA

Reject

This  is  already  covered  in  the  policy,  which places a responsibility on employers to manage the expectations of their employees, including what  deductions  should  be  taken  from  their salaries.

 

9

The Minister for Home Affairs should consolidate guidance  about  the  type  and  nature  of  salary deductions that may apply to work permit holders, into a breakdown of deductions, prior to signing a contract of employment to undertake employment in Jersey.

MHA

Accept

This has been addressed as a planned revision to the next iteration of the Your rights' leaflet. The  Employer  Standards  Oversight  Group agreed that it would be a living document and able to be added to as required.

Additionally, for note, there is a new work permit application form currently under development. It is intended that this will ask employers to provide information about intended deductions, and any payment plans, as part of their application.

This  will  ensure  that  JCIS  has  sight  of  this information when considering the work permit application,  and  can  take  action  if  needed. However,  significant  further  development  is needed before this can be brought into use.

Q1 2024

 

Recommendations

To

Accept / Reject

Comments

Target date of action/ completio n

10

The Minister for Home Affairs and the Minister for Economic Development, Tourism, Sport and Culture should undertake a process of consultation with key stakeholders from community groups and industry representatives to establish a centralised portal of information for work permit holders to access prior to signing a contract of employment to undertake employment in Jersey.

MHA EDTSC

Partiall y accept

This has been done by SPPP as part of the work being done by the Labour Shortage Taskforce and the leaflet on employee rights has been developed – this will be available on Moving to Jersey webpages and links to it via JCIS notices and webpages.

It is anticipated that further work in this space may be undertaken by the International Cultural Centre.

 

11

The  Minister  for  Home  Affairs  should  consider additional support should be available, especially for small  employers,  to  ensure  compliance  with  the Work Permit Policy.

MHA

Accept – comple te.

It is unclear exactly what support is envisaged by the  Panel,  however,  JCIS  have  already increased the support available to employers to ensure compliance with the Policy.

As of earlier this year, any employers applying for the first time are invited in for a meeting to discuss  their  application  and  ensure  they understand their responsibilities. The team have also  been  able  to  undertake  increased compliance.

JCIS will seek to increase awareness of this via the Employer Standards Oversight Group.

 

12

The Minister for Home Affairs should review the 12- month restriction in place preventing work permit holders to switch between employers consulting with both employer representatives and support groups. This review should consider human rights legislation and modern slavery legislation.

MHA

Accept

The Minister has committed to reviewing this.

Any change in the length of the restriction would maintain  the  current  exemption  in  place  for exceptional circumstances.

 

13

The Minister for Home Affairs should consider ways in which the Work Permit Policy can be strengthened

MHA

Partiall y

The principle of a curtailment period is to provide certainly about when an individual is expected to

 

 

Recommendations

To

Accept / Reject

Comments

Target date of action/ completio n

 

with a temporary stay for work permit holders who are pursuing a dispute or grievance.

 

accept – clarify.

leave  the  island,  and  is  intended  to  prevent someone  who  no  longer  has  an  income  (by virtue of no longer being employed) and has no recourse to public funds, becoming destitute or acquiring debt in order to support themselves.

It is important to clarify that the current policy is to allow a sufficient amount of time for work permit holders to put their affairs in order prior to being  required  to  leave  the  island.  This  will necessarily  vary  depending  on  individual circumstances, and in particular the length of residence  in  Jersey.  There  is  not  a  blanket policy, as has been suggested, of a set period of 7 days.

It is not agreed that there is a need to strengthen the policy. However, it is agreed that there is a need to clarify this process.

JCIS  are  also  reviewing  the  process  around curtailment to ensure work permit holders are fully  informed  about  the  reasons  for  this decision.

 

14

The Minister for Home Affairs and the Minister for Economic Development, Tourism, Sport and Culture should consult with industry and trade unions to ensure that work permit holders have access to trade union representation and support.

MHA EDTSC

Partiall y accept.

The Your rights' leaflet includes reference to how  to  join  a  trade  union  in  Jersey.  This information is regularly reviewed and kept up to date.

However  the  Minister  for  Justice  and  Home Affairs, whilst supportive of the principle of this recommendation, does not consider this is an

N/A

 

Recommendations

To

Accept / Reject

Comments

Target date of action/ completio n

 

 

 

 

appropriate role for the Immigration service, or Government more broadly. Industry bodies may be  best  placed  to  take  this  forward  and/or encourage membership.

 

15

The Minister for Home Affairs and the Minister for Economic Development, Tourism, Sport and Culture should commit to a regular review of the permit lengths  which  should  be  conducted  in  close consultation  with  industry  bodies  and  support agencies to ensure that both employer needs and the rights of individuals are met.

MHA EDTSC

Accept

Changes to the Work Permit Policy are already subject to consultation with industry bodies.

The Minister for Justice and Home Affairs is committed to revisiting this on a regular basis.

 

16

The Minister for Home Affairs should work with the Minister for Economic Development, Tourism, Sport and  Culture,  the  International  Cultural  Centre Steering Group and the Minister for Social Security to  determine  where  a  physical  support  resource should  be  located  and  provide  detail  of  the information which will be provided. This should be reported  back  to  the  Panel  by  no  later  than  31 December 2023.

MHA EDTSC MSS

Partiall y accept

Physical support resources are already available at the Customer and Local Services Department. Staff are available to support work permit holders with information on Jersey tax, contribution and benefit information.

Ministers will work together to confirm the range of  printed  and  online  information  that  will  be available.   This  information  will  also  be accessible  through  the  International  Cultural Centre, based at the Town Library.

 

17

The Minister for Home Affairs should work with the Minister for Economic Development, Tourism, Sport and  Culture,  the  International  Cultural  Centre Steering Group and the Minister for Social Security to  ensure  that  the  physical  support  resource includes independent and confidential support for work  permit  holders  on  matters  related  to

MHA EDTSC MSS

Reject

The Jersey Advisory and Conciliation Service (JACS) has a statutory duty to provide advice and assistance in relation to employment issues.

To  create  a  separate  function  would  be confusing  and  lead  to  a  duplication  of responsibility for advice services. JACS have carried out this statutory duty since 2003, which

 

 

Recommendations

To

Accept / Reject

Comments

Target date of action/ completio n

 

employment disputes. This should be reported back to the Panel by no later than 31 December 2023

 

 

was  extended  to  employment-related discrimination issues in 2013.

Having  seen  an  increase  in  the  number  of employees on work permits seeking advice in 2022, JACS have worked with JCIS and other bodies to offer clear advice to such employees. This  has  included  the  creation  of  a  video Working in Jersey' and various additional online resources  that  are  available,  and  to  which employees are signposted by JCIS. Work permit advice from JACS is clearly signposted and no additional  advice  resource  is  necessary  or desirable.

The 'Your rights' leaflet includes details of how to approach JACS or Citizen's Advice.

 

18

The Minister for Home Affairs and the Economic Development, Tourism, Sport and Culture should ensure that the information provided to work permit holders is inclusive for people who speak different languages.

MHA EDTSC

Compl ete

The Employee Rights leaflet has been translated into  a  number  of  different  languages.  This approach has been reviewed by, and amended following feedback from, community groups.

For  example,  the  Kenyan  Jersey  Committee provided  advice  about  whether  it  should  be translated to Swahili.

N/A

19

The Minister for Home Affairs should amend the Work  Permit  Policy  to  improve  the  specific protections from Modern-Slavery and exploitation.

MHA

Reject

The  Work  Permit  Policy  includes  specific provisions designed to protect against modern day  slavery,  which  is  appropriate  given  our current legislative framework.

N/A

 

Recommendations

To

Accept / Reject

Comments

Target date of action/ completio n

 

 

 

 

These  protections  are  targeted  at  prevented behaviours that are recognised as contributing to modern day slavery.  

 

20

The Minister for Home Affairs should consider the introduction of a Jersey employer licensing scheme and licensing standards, with clear sanctions for noncompliance, for local labour providers.

MHA

Reject at  this time

The  Population  and  Skills  Ministerial  Group (PSMG) considered this option in order to meet the  policy  intent  to  improve  standards  for employees. Given the relatively low levels of data that indicate this being a widespread issue and  the  feedback  from  stakeholders,  it  was agreed that a first stage would be to establish the Employer Standards Oversight Group to drive better  practice  in  industry  and  support employees through the Your rights' leaflet and engagement.

N/A

21

The Minister for Home Affairs should undertake a process of consultation with key stakeholders from community groups and industry representatives on the introduction of Modern Slavery legislation for Jersey.

MHA

Accept

The Minister will ask policy officers to commence work on this, when resources allow.

End  of 2025.

22

The Minister for Home Affairs and the Minister for Housing  and  Communities  should  introduce guidance  to  employers  and  work  permit  holders about the definition of accommodation that supports health and wellbeing and set out the enforcement mechanisms in place to ensure that work permit holders are suitably accommodated'.

MHA MHC

Reject

The responsibility for public health and safety of rented dwellings sits with the Minister for the Environment under the Public Health and Safety (Rented  Dwellings)  (Jersey)  Law  2018.  The scope is defined in Article 2, which includes staff accommodation.

N/A

 

Recommendations

To

Accept / Reject

Comments

Target date of action/ completio n

 

 

 

 

The enforcement mechanism is dependent on the  approval  in  the  States  Assembly  of P.40/2023.

These  Regulations,  which  were  approved  in principle on 18 July 2023, introduce a Rented Dwellings  Licensing  scheme.

The second and third reading are due to take place on 28th November 2023. If adopted, the scheme will provide the enforcement team with the  data  they  require  in  order  to  carry  out inspections.

The  Minister  for  the  Environment,  in  his response to the recommendations published by the  Environment,  Housing  and  Infrastructure Scrutiny Panel (P.40-2023(Com)), has given a commitment  to  publish  a  Code  of  Practice, ahead of enactment.

 

23

The Ministers for Social Security and Health and Social Services should introduce specific guidance to  work  permit  holders  that  includes  information about their rights to healthcare in Jersey.

MSS MHSS

Accept & Compl ete

This requirement was already identified by the Population and Skills Ministerial Group in Q4 2022, following engagement with employers and operational  groups.  The  Your  rights'  advice leaflet  has  already  been  distributed  for employees coming to live and work in Jersey. It is available in online form and in various relevant languages.  This  is  a  joint  effort  between departments  and  representatives  from  the various employment sectors in the Island. The leaflet  includes  information  about  healthcare services.

N/A

 

Recommendations

To

Accept / Reject

Comments

Target date of action/ completio n

24

The Minister for Home Affairs should introduce a requirement to the Work Permit Policy to ensure that all  work  permit  holders  are  covered  by  an appropriate travel insurance policy during the first six months of living and working in Jersey, and that the  costs  associated  with  this  travel  insurance requirement are met by the employer.

MHA

Reject

It is not clear whether travel insurance would provide  the  cover  required/envisaged  by  the Panel.

Equally,  whilst  the  intent  is  understood  and supported, it is not considered that this would be something for the MHA to mandate.

N/A

25

The Minister for Health and Social Services and the Minister for External Relations should work with the Minister for Economic Development, Tourism, Sport and  Culture  to  ensure  that  reciprocal  health agreements are made with countries where formal arrangements  have  been  established  by  the Government of Jersey regarding the employment of work permit holders in Jersey.

MHSS MER EDTSC

Reject

Reciprocal Health Agreements (RHAs) by their nature require all jurisdictions involved to benefit from the agreement. For those agreements in which the Island is a signatory in its own right (rather than by extension through the UK) this is the case. The UK RHA benefits both UK and Jersey residents as there is tourism and working between both jurisdictions.

The Island would not necessarily benefit from a blanket approach of introducing RHAs with all jurisdictions where formal arrangements have been established. The numbers of individuals from X jurisdiction travelling to the Island for work/tourism  purposes  is  likely  to  be  greater than  the  number  of  Islanders  travelling  to  X jurisdictions and therefore reciprocity is limited.

The  absence  of  an  RHA  does  not  prevent individuals accessing healthcare on the Island; however,  it  is  recognised  that  accessing healthcare may incur a cost. Costs can be met through private insurance where people are in Jersey for an extended period for the purposes of  work,  and  through  most  standard  travel insurance policies for tourism purposes.

N/A