STATES OF JERSEY OFFICIAL REPORT TUESDAY, 25th JUNE
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QUESTIONS
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1.Written Questions
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1.1Connétable of St. Martin of the Minister for Justice and Home Affairs regarding the Jersey Field Squadron (WQ.226/2024)
Written Question Document(Written Question Document)
Question
“Will the Minister advise what impact, if any, the announcement that the UK will increase defence
spending to 2.5% of GDP by 2030 will have on costs to Jersey, and whether this decision will affect
Jersey’s commitment to the Jersey Field Squadron?”
Answer
There is no reason to expect that the decision of the Government of the United Kingdom referenced
in the Connétable’s question will affect costs incurred by Jersey.
The Government remains committed to supporting the Jersey Field Squadron as Jersey’s contribution
to the defence of the United Kingdom in line with the Intergovernmental Agreement signed in 1981
by the States of Jersey and the UK Home Office.
1.2Deputy L.K.F. Stephenson of St. Mary, St. Ouen and St. Peter of the Minister for Education and Lifelong Learning regarding enrolled students in schools (WQ.227/2024)
Written Question Document(Written Question Document)
Question
“Will the Minister state the total number of students enrolled in Years 1 to 13, broken down by each
of Jersey’s public and private primary and secondary schools?”
Answer
1 2 3 4 5 6 7 8 9 10 11 12 13 T otalNursery Reception
Beaulieu P rimary 15 16 24 27 25 30 30 30 197
Beaulieu Secondary 99 88 82 76 105 75 66 591
Bel Royal 17 27 25 25 24 24 29 24 195
d'Auvergne 34 56 54 55 79 50 57 66 451
De La Salle P rimary 19 17 24 13 21 31 22 42 189
De La Salle Secondary 76 69 73 54 78 39 53 442
FCJ 20 37 26 36 23 38 40 42 262
First T ower 23 45 43 49 46 45 46 50 347
Grainville 173 173 159 136 131 772
Grands Vaux 10 15 16 22 18 21 24 13 139
Grouville 29 51 55 56 47 50 51 55 394
Haute Vallée 159 122 122 98 115 616
Hautlieu 149 128 285 270 832
Helvetia 9 15 14 8 7 14 13 80
Janvrin 23 43 46 44 42 47 40 44 329
Jersey College for Girls 130 119 114 93 111 87 105 759
Jersey College P rep 71 70 72 43 44 44 45 389
La Moye 30 37 36 48 58 40 58 56 363
La Sente Year group data i ncludes small numbers 61
Le Rocquier 166 150 147 113 147 723
Les Landes 19 22 21 26 25 24 25 162
Les Quennevais 181 198 173 164 146 862
Mont à l'Abbé P rimary Year group data i ncludes small numbers 61
Mont à l'Abbé Secondary 16 12 14 6 7 6 6 67
Mont Nicolle 17 25 28 26 27 26 29 27 205
P lat Douet 32 35 52 51 73 47 48 53 391
Rouge Bouillon 29 41 47 38 46 50 46 49 346
Samarès 29 50 43 49 43 30 26 26 296
Springfield 25 28 26 25 23 22 25 23 197
St Christopher's Year group data i ncludes small numbers 39
St Clement's 26 28 29 30 25 28 26 26 218
St George's 27 28 29 26 21 30 28 28 217
St John's 11 22 24 21 25 26 26 22 177
St Lawrence 19 26 26 25 28 25 26 26 201
St Luke's 20 25 26 23 24 23 24 20 185
St Martin's 24 27 28 27 26 26 23 25 206
St Mary's 7 15 27 17 26 22 29 23 166
St Michael's 12 20 26 32 33 33 38 36 33 37 8 308
St P eter's 23 22 26 29 24 27 27 28 206
St Saviour's 16 25 26 25 26 22 26 20 186
T rinity 20 28 27 26 42 19 25 27 214
Victoria College 130 112 102 101 100 69 68 682
Victoria College P rep 56 68 75 65 264
1.3Deputy M.B. Andrews of St. Helier North of the Chief Minister regarding Government expenditure of Consultants (WQ.228/2024)
Written Question Document(Written Question Document)
Question
“Will the Chief Minister state how much the Government has spent on consultants since he was
appointed as Chief Minister; and what actions, if any, he has taken to reduce the use of consultants?”
Answer
Expenditure on consultancy for 2022 was published in February 2024, and the 2023 report is due to
be published before the summer recess. The report for January-June 2024 will then be produced and
published.
The production of these reports on consultancy expenditure is complex, and I have asked the relevant
finance team to streamline and accelerate reporting, so that Ministers and Members have more up to
date information.
Alongside this, as outlined in the Common Strategic Policy, we will control consultancy spending
more rigorously. To achieve this the following actions have been taken under the current government:
• All consultancy expenditure will now require the Chief Executive’s approval, with the States
Employment Board retaining oversight.
• All Departments are critically reviewing the need for consultancy services with a view to
reducing reliance on consultants.
• An action plan is being developed and published in response to the Comptroller and Auditor
General’s report .Use-of-Consultants-Follow-Up.pdf (jerseyauditoffice.je)
1.4Deputy K.M. Wilson of St. Clement of the Minister for Treasury and Resources regarding the States financial position following various Government decisions (WQ.229/2024).
Written Question Document(Written Question Document)
Question
“In relation to recent decisions made by the Government to increase the minimum wage to match the
living wage, to increase teachers’ pay, and to increase the subsidy for GP visits, will the Minister
explain the impact of these decisions on the States financial position; and state what steps, if any,
she is taking to ensure that public finances are sustainable?”
Answer
During the development of the Common Strategic Policy (“the CSP”), the Council of Ministers have
considered the affordability of the decisions referenced, including the teachers’ pay increase. The
CSP commits to reprioritising budgets where appropriate to deliver these objectives, maintain strong
public finances and prevent unnecessary expenditure.
The financial impact of those decisions will be included in the forthcoming Government Plan 2025
– 2028, soon to be lodged with the Assembly. This will set out how budgets are balanced over the
period and take into account the sustainability of public finances.
1.5Deputy M. Tadier of St. Brelade of the Minister for Sustainable Economic Development regarding the budget for Culture, Arts and Heritage for 2022 and 2023 (WQ.230/2024)10 1.6 Deputy M.B. Andrews of St. Helier North of the Minister for Sustainable Economic Development regarding footfall in St. Helier (WQ.231/2024)
Written Question Document(Written Question Document)
Question
“Will the Minister publish a full breakdown of the total allocated budget for Culture, Arts and
Heritage for 2022 and 2023 including –
(a) any departmental spend on each area;
(b) the detail of all grants and allocations through arms-length bodies or government bodies;
(c) any other areas of allocation or expenditure; and
(d) any underspends during this period; and
(e) if there any underspends, as identified in (d), will he indicate the reasons for such?”
Answer
(a), (b), (c), (d): please refer to below table.
€: n.a.
2022 2023£’000 £’000
ALO Funding 7,421 7,954
Jersey Heritage Trust 5,500 5,500
ArtHouse Jersey 915 1,130
Jersey Arts Centre Association 640 850
Jersey Opera House Limited 366 474
Staff 75 113
Consultancy 50 75
Festivals 126 194
th13 Parish Film Festival 20 25
Corn Riots Festival 56 31
Festival of Words 44 63
Lunar New Year 2023 6 48
Dreaming Trees 22
Jazz sous les Pommiers 5
Communication and Engagement 12 14
CIP Events 5 7
Creative Spaces 42 4
Cultural Diplomacy 13 32
Heritage 46 10
German fortification survey 29
Heritage Strategy Launch 2
JICAS Archaeology School 15 10
Arts Grants 54 135
Ballet d’Jerri 30 360
Total Department for Economy CAHSpend 7,873 8,899
Jèrriais 509 521
Bailiff’s Office – Liberation Day 100 103
Bailiff’s Office – Platinum Celebrations 100
Total CAH Spend delivered outside ofDepartment for Economy 709 624Total CAH Budget 8,582 9,523
Max Andrews(Deputy M.B. Andrews of St. Helier North)
Development regarding footfall in St. Helier (WQ.231/2024)Question
“Will the Minister advise what actions, if any, he has taken in 2024 to –
(a) encourage increased footfall in St. Helier, with particular reference to King Street and Queen
Street;
(b) engage with local businesses to promote and encourage footfall in St. Helier; and
(c) address the empty shops in Town?”
Answer
a) Footfall is one of the key indicators of the health of a High Street, however it only paints half
the picture. If the footfall is not being converted to store entry or sales, it is not valuable on
its own.
Work continues on a series of ‘quick wins’ for the Central Markets to improve both the retail
and cultural experience of shoppers and drive increased footfall. Events programmes are also
important to encourage footfall, particularly in the off-season and events such as Public Voice
Common Ground, the Lunar New Year festival and La Saison Française have been employed
to drive increased footfall to St Helier.
Footfall is now monitored by the introduction of two additional footfall cameras (installed in
December 2023) on Queen Street and King Street. This has given us more data around the
concentration of footfall and will be comparable year-on-year from this December.
b) Work is underway with retailers and the Parish of St Helier to shape the forthcoming Retail
Strategy and identify public realm improvements, marketing opportunities and meanwhile-
uses for Jersey’s high street.
In line with the findings of the 2023 Consumer Survey, officers are also working with local
businesses to provide greater flexibility for Sunday trading.
Furthermore, Jersey Business is in constant contact with local businesses to help them develop
compelling business plans to entice more footfall.
c) The Retail Strategy, due to be published this year, will address the various levers we can use
to drive down vacancy rates. Amongst the early actions identified from this are the creation
of a playbook for prospective retailers interested in investing in St Helier to encourage further
investment, this will be published in July 2024.
However, there is not a silver bullet, and it will take a combination of efforts, as well as the
acknowledgment of market changes to feel a marked difference on the high street. Landlords’
decisions also play a big part in vacancy rates.
There will always be some natural vacancy as the nature of the High Street changes, and
where buildings are sold and redeveloped there may be a period in between tenants. Where
this is the case, government has sought ways to work with landlords on meanwhile use in
some of the empty shops. To date, this has included charity promotion, photography
exhibitions, art auctions and public engagement activation.
1.7Deputy M.B. Andrews of St. Helier North of Treasury and Resources regarding personal Income Tax (WQ.232/2024)
Written Question Document(Written Question Document)
Question
“Will the Minister confirm the contribution made from the top 1, 5 and 10 percent of personal Income
Tax earners, as a percentage of the total personal income tax collected for each of the last five years?”
Answer
Percentage of income Percentage of income Percentage of income
tax paid by top 1% of tax paid by top 5% of tax paid by top 10% of
earners earners earners
2018 12 31 45
2019 12 30 44
2020 12 30 43
2021 13 30 44
2022 13 31 44
This information is taken from the Tax Statistical Digest and does not include High Value Residents
1.8Deputy M.B. Andrews of St. Helier North of the Minister for Sustainable Economic Development regarding entrepreneurial potential in Jersey (WQ.233/2024)
Written Question Document(Written Question Document)
Question
“Will the Minister advise what policies exist or he is considering, if any, to encourage innovation and
develop entrepreneurial potential in Jersey?”
Answer
The Future Economy Programme’s Delivery Framework, published in October 2023 sets out actions
to increase productivity to create sustainable economic growth towards 2040. Section 1.1 focuses on
Enabling Our Entrepreneurial Spirit through the following actions:
Short Term (by end of 2024)
1. Create a platform for future economic ideas to be fed into Government and develop our on-
going engagement process with key stakeholder groups
2. Begin to address barriers to start-up businesses as identified in the Barriers to Business report
3. Review the provision of the Young Enterprise Programme
4. Update the process for assessing entrepreneurs moving to Jersey
Medium Term (by end of 2026)
5. Promote the entrepreneurship opportunities from Impact Jersey
Long Term (beyond 2026)
6. Create an ecosystem of entrepreneurship that combines individual creativity, industry
opportunity and Government agility to explore and test economic opportunities
An update on these actions and others in the Delivery Framework will be published later this year.
These cross-sector policies for entrepreneurship are supported by sector specific activity such as the
forthcoming Digital Economy Strategy which looks at encouraging digital entrepreneurship by
making Jersey an attractive place to start and scale-up a business. In addition, support for start-ups in
Jersey is available from Arms-Length Organisations such as Jersey Business and Digital Jersey.
1.9Deputy R.L. Jeune of St. John, St. Lawrence and Trinity of the Minister for Treasury and Resources regarding Memorandum of Understandings between the Government and States of Jersey Arm’s length Organisations (WQ.234/2024)
Written Question Document(Written Question Document)
Question
“In respect to the Memorandum of Understandings (MOUs) between the Government and States of
Jersey Arm’s Length Organisations (ALOs), will the Minister –
(a) advise whether these MOUs will be reviewed by Government, and if not, why not;
(b) provide a timeline for the review of any MOUs;
(c) confirm if the Assembly will be involved in the reviews, and if not, why not; and
(d) detail any other mechanism the Government uses to review the MOUs?”
Answer
In answering this question, it should be noted that the MoUs are between the Minister for Treasury
and Resources and the five wholly owned States-Owned Entities (rather than the wider group of
ALOs).
a) The MoUs, implemented in May 2022, provide that the MoUs will be reviewed formally
between the parties at least every three years;
b) It is my intention to commence a review of the MoUs in the latter half of this year, with a
view to implementing any agreed changes by the third year anniversary of the current MoUs;
c) The Assembly will not be involved in the formal reviews, since the MoUs are between myself
as Minister and the SOEs given the fact that I have political responsibility for the relationship
with the SOEs pursuant to the provisions of the Public Finances (Jersey) Law 2019. However,
it is my intention to publish any changes to the MoUs in the interests of transparency and, if
there are material changes to the MoUs, to brief the appropriate Scrutiny panel; and
d) The MoUs will be reviewed in the light of recommendations received from the Comptroller
& Auditor General in her recent reports and fellow relevant Ministers will be engaged and
consulted with respect to the “Policy Lead” aspects within the MoUs. The MoUs will also
be reviewed, along with the SOE Boards, in accordance with evolving corporate governance
standards, including the updated UK Corporate Governance Code which comes into effect on
1 January 2025.
1.10Deputy H.L, Jeune of St. John, St. Lawrence and Trinity of the Chief Minister regarding the Critical Infrastructure Resilience – Energy Report (WQ.235/2024)
Written Question Document(Written Question Document)
Question
“Further to the Critical Infrastructure Resilience – Energy Report published by the Comptroller and
rdAuditor General on 3 June 2024, will the Chief Minister advise –
whether Government intends to formally respond to the report and recommendations, and if(a)
so, the date for the response;
if (and how) the Government intends to progress each of the recommendations, and if not,(b)
why not;
how the Government will priorities the recommendations, and the basis for prioritisation; and(c)
the timeline for the proposed new Resilience Law, as referred to in the report?”(d)
Answer
(a) The Government will formally respond to the report and recommendations, by way of executive
response to the Comptroller and Auditor General. We intend to provide our response by Monday 15
July.
(b) The Government will progress each of the recommendations through a variety of measures and
timeframes, which will be set out in the response.
(c)The recommendations will be prioritised on the basis of risk, achievability, timeliness and
affordability.
(d) The proposed new Resilience Law is at policy development stage. The Government’s aim is to
have this new legislation in place by the end of 2026.
1.11Deputy D.J. Warr of St. Helier South of the Minister for Treasury and Resources regarding flooring provisions in social housing properties (WQ.237/2024)
Written Question Document(Written Question Document)
Question
“Further to the response to Written Question 71/2024, will the Minister advise –
the outcomes, if any, of discussions with senior officers and the Minister for Social Security(a)
and the Minister for Housing regarding the review of policies in relation to the provision of
flooring as standard in all social housing properties;
whether any other discussions have taken place with Andium Homes and other social housing(b)
providers in relation to flooring and, if so the outcomes; and
how the Government grant system for carpets is currently being funded?”(c)
Answer
a. The review is ongoing, with the potential options so far identified by the Minister for Social
Security and the Minister for Housing and will be discussed with other ministers in due
course.
b. The Minister for Housing has engaged with Andium Homes to identify a basis for the
discussions outlined in (a). No direct discussions have taken place with other social housing
providers.
c. Currently funding for the payment of grants is met through Customer and Local Services
budget, and this continued provision will be reviewed after the discussions outlined above.
1.12Deputy D.J. Warr of St. Helier South of the Minister for Housing regarding the future of Haut du Mont site (WQ.238/2024)
Written Question Document(Written Question Document)
Question
“Further to the response to Written Question 26/2024, will the Minister advise what progress, if any,
has been made in relation to the future of the Haut du Mont site, following discussions between the
new Government and the displaced residents and bereaved families?”
Answer
Discussions and examination of potential options have taken place between the Government and
Andium Homes about the Haut du Mont site, but no decisions will be taken until we speak to the
bereaved families and displaced residents to ensure their views are central to shaping any future plans.
1.13Deputy D.J. Warr of St. Helier South of the Minister for Infrastructure regarding the Infrastructure Public Realm Programme in the Government Plan 2024-2027 (WQ.239/2024)
Written Question Document(Written Question Document)
Question
“Further to funding allocated to the Infrastructure Public Realm Programme in the Government Plan
2024-2027 and the additional £1 million allocated to the St. Helier Renewal Programme pursuant to
P.97/2024 Amd (24), will the Minister advise the details and expenditure, this year to date, of any
projects carried out utilising this funding; and outline any future projects, including related costs, for
the remainder of this year?”
Answer
The Government Plan 2023 – 2026 states: “the 2023 Head of Expenditure for Infrastructure Rolling
Vote and Regeneration including St Helier will include preparatory work for St Helier urban renewal
work including Havre des Pas, with additional funding of £300,000 in 2024 and £350,000 in each of
2025 and 2026 to be included in future Government Plans”.
The funding has been allocated as set out in the table below and will in some instances be
supplemented by Planning Obligation Agreements. It should be noted that the programme and
funding set out below will be subject to review as part of the forthcoming Government Plan process.
YTD Spend +BudgetProject BudgetCommitments Remaining
Coronation Park Extension £ 160,000 £ 9,275 £ 150,725
La Grande Rue- General £ 50,000 £ 5,229 £ 44,772
Hill Street Improvements £ 50,000 £ 34,084 £ 15,916
La Motte Street (Phase 1) £ 725,000 £ 214,789 £ 510,211
Minden Place (New Street to Bath Street) £ 120,000 £ 82,010 £ 37,990
Havre des Pas (Ph 2A - Heart of Village) £ 70,000 £ 46,257 £ 23,743
Havre des Pas (Ph 2B - Dicq Roundabout) £ 10,000 £ 2,173 £ 7,827
Western Bus Gateway - Option 4 £ 823,071 £ 105,216 £ 717,855
Parish Scheme - Trinity Village £ 100,000 £ 4,504 £ 95,496
Parish Scheme - St John £ 372,172 £ 38,314 £ 333,858
St Lawrence Village £ 10,000 £ 458 £ 9,542
Public Realm Management £ 210,757 £ 186,957 £ 23,800
La Grande Rue - New Street £ 742,000 £ 198,884 £ 543,116
La Grande Rue - Broad Street £ 50,000 £ 30,557 £ 19,443
Beresford Street/Halkett Street Crossing £ 206,000 £ 10,295 £ 195,705
Halkett Street - Contribution to Parish £ 300,000 £ - £ 300,000
Halkett Place/Beresford Street Crossing £ 30,000 £ 6,496 £ 23,504
Esplanade - Improvement Works £ 100,000 £ 103,148 -£ 3,148
Bridging the Ringroad £ 80,000 £ 50,206 £ 29,794
Coronation Park Crossings&Bel Royal Prom £ 251,000 £ 28,125 £ 222,875
£ 4,460,000 £1,156,977 £3,303,023
1.14Deputy K.M. Wilson of St. Clement of the Minister for Treasury and Resources regarding any inequalities in the current tax policy (WQ.240/2024)
Written Question Document(Written Question Document)
Question
“Will the Minister advise whether she is aware of any actual or potential inequalities arising from
current tax policy, and if any such inequalities have been identified, which group of taxpayers are
considered most at risk, and what steps her department are considering, if any, to reduce this
inequality?”
Answer
Tax policy is developed in accordance with a set of tax policy principles that have been agreed by
the States Assembly.
As stated in the principles themselves, no individual tax measure will meet all these principles.
Overall, however, the Island’s tax regime should represent a sustainable balance of them.
Fairness and equality can have different meanings to different people. In the personal tax system, it
can relate to equality based on age, sex, sexual orientation or marital status – dealing with some
historic equality issues across these areas has been the impetus behind the major reform package to
introduce independent taxation.
If the Deputy is aware of or has a concern that there is a particular actual or potential inequality across
the combined package of Jersey’s taxes, I would be happy to receive details of the issue and the basis
for the concern.
Fair and sustainable
1. Taxation must be necessary, justifiable and sustainable
2. Taxes should be low, broad, simple and fair
3. Everyone should make an appropriate contribution to the cost of providing services, while those
on the lowest incomes should be protected
Support broader Government Policy
4. Taxes must be internationally competitive
5. Taxation should support economic, environmental, and social policy
Efficient and effective
6. Taxes should be easy to implement, administer and comply with, at a reasonable cost
7. No individual tax measure will meet all these principles. But overall, the Island’s tax regime
should represent a sustainable balance of them.
1.15Deputy K.M. Wilson of St. Clement of the Minister for Social Security regarding individuals in receipt of Income Support (WQ.241/2024)
Written Question Document(Written Question Document)
Question
“Will the Minister detail the number of people in receipt of Income Support broken down by age and
gender, and include the percentage increase in payments awarded for the period 2018 to 2023 and
January to April 2024, broken down by year?”
AnswerNumber of participants on open Income Support claims as at 31/12 each year, and 30/04/24
Male
participants
End of year (2024 end of April)
2018 2019 2020 2021 2022 2023 2024
age band
0 - 4 540 535 527 448 378 365 372
5-11 690 705 719 689 612 587 577
12-16 401 404 421 396 353 357 361
17 - 24 261 261 308 259 253 238 230
25 - 64 1801 1759 1978 1667 1473 1454 1490
65+ 807 798 835 826 809 813 797
Female
participants
End of year (2024 end of April)
2018 2019 2020 2021 2022 2023 2024
age band
0 - 4 522 526 483 384 327 315 311
5-11 661 660 694 634 563 531 511
12-16 370 400 413 388 377 365 371
17 - 24 333 324 342 324 263 261 266
25 - 64 2710 2702 2838 2575 2361 2284 2286
65+ 1184 1190 1246 1220 1174 1174 1168
The percentage increases within the Income Support system relate to the components that make up
the overall Income Support award for a household. The percentage increases applied to most
components over this period are:
Oct 18 (approx. 3.0 %)
Oct 19 (approx. 1.9 %)
Oct 21 (approx. 1.1 %)
Oct 22 (approx. 2.6 %)
Jan 23 (approx. 6.4 %)
Jan 24 (approx. 8.6 %)
In addition, specific components have received higher percentage increases in some years, and
additional payments have been made to all Income Support households through non statutory
schemes during this time.
1.16Deputy K.M. Wilson of St. Clement of the Minister for Infrastructure regarding staff in the Infrastructure Department (WQ.242/2024)
Written Question Document(Written Question Document)
Question
Will the Minister provide the following information in relation to his department, as of 1st June 2024
–
(a) the number of permanent staff employed, broken down by grade and gender;
(b) the number and cost of temporary staff employed over the last 6 months, broken down by
month;
(c) the number of temporary staff expressed as a percentage of the departmental full-time
equivalent staff (including vacancies);
(d) the number of vacancies in the department over the last 6 months, broken down by month;
(e) the number of staff employed as consultants over the last 6 months, the cost of each consultant
and the duration of their contract;
(f) the number of employees who have resigned over the last 6 months, broken down by grade
and role;
(g) the number of staff currently waiting to start in a role in the department and details of the posts
they have been recruited to; and
the staffing budget and number of full-time equivalent posts for the department for each of the last
five years?
Answer
From August 2024, Public Sector Staffing Statistics will be published on gov.je. This is in response
to the adoption of P69/2023. Publication will include much of the data requested, with publication
on a 6-monthly basis. In addition, reports responding to P59/2019, publish agency and consultancy
spend.
a) The number of permanent staff employed, broken down by grade and gender;
The table below shows permanent staff within the Infrastructure department, by grade and gender,
stas of 1 June 2024. Where figures are lower than 5, we have applied disclosure controls for data
protection reasons.
Rather notGrade Female Male say Total
ATM01 <5 <5
CS04 <5 <5
CS05 <5 <5
CS06 9 8 17
CS07 17 6 23
CS08 10 26 36
CS09 11 25 <5 36-41
CS10 12 29 41
CS11 <5 26 26-31
CS12 11 13 24
CS13 <5 13 13-18
CS14 <5 12 12-17
CS15 <5 7 7-12
EW02 <5 <5
EW05 12 12
EW07 <5 <5
EW08 <5 <5
EW09 <5 <5
EW10 <5 <5
EW11 <5 <5
MW01 <5 <5 2-10
MW02 <5 <5
MW03 <5 26 26-31
MW04 <5 43 43-48
MW05 <5 53 53-58
MW06 36 36
MW07 15 15
MW08 <5 <5
TECH08 26 26
TECH09 <5 <5
TECH10 7 7
TIER 1 <5 <5
TIER 2 <5 <5 2-10
TIER 3 <5 <5
Total 96 416 <5 512 –517
b) the number and cost of temporary staff employed over the last 6 months, broken down by month;
thPlease note that June figures are only up to and including 19 June 2024 and, as such, are
expected to rise.
c) the number of temporary staff expressed as a percentage of the departmental full-time equivalent
staff (including vacancies);
Temporary Staff as a
FTE as of 01/06/2024 Temporary Staff Vacancies % of FTE (Including
Vacancies)
530.55 16 9.98 2.96%
d) the number of vacancies in the department over the last 6 months, broken down by month;
We are unable to accurately provide historical vacancy data within Infrastructure due to a
lack of historically centrally held data. As from 22 April 2024, we have a new Talent
Acquisition system within ConnectPeople, from which we can accurately report on vacancy
data. Vacancy data will be published six-monthly in our Public Sector Staffing Statistics,
commencing in August 2024.
‘A vacancy is defined as any role being actively recruited for, and which is showing as Live
in our Talent Acquisition system’.
thBased on this definition, below is a list of vacancies within Infrastructure, as of 13 June
2024:
• Operations and Transport: 7
• Property and Special Projects: 1
• Sports: 3
Please note that, in addition to the current 'live' vacancies, there may be additional budgeted
vacant posts that are not currently being recruited for but may be in the near future. It is
important to understand that a budgeted vacant post does not automatically qualify as a vacancy,
as the funds may be temporarily reallocated, or the post may still be undergoing requisition
approval processes.
e) the number of staff employed as consultants over the last 6 months, the cost of each consultant and
the duration of their contract;
Government agency and consultancy spend is published in our P59/2019 reports on a six-monthly
basis on the States Assembly website. The reports include a breakdown of the cost of consultants,
fixed-term employees and agency staff employed by the Government of Jersey, by each
Department and project. There is extensive work that goes into each report, and each is released
several months after the period as a result. We are unable to provide data for H1 2024 as of yet.
f) the number of employees who have resigned over the last 6 months, broken down by grade
and role;
20 individuals have left Government employment from Infrastructure over the last 6 months. We
are unable to provide the grade and role breakdown for data protection reasons, as the individuals
would be identifiable.
g) the number of staff currently waiting to start in a role in the department and details of the posts
they have been recruited to; and
Directorate Role New Starters
Operations and Transport Assistant Technical Support Officer 2
Operations and Transport Key Supplier Services Portfolio Manager 1
Operations and Transport Maintenance Multi Skilled Technician 1
Operations Manager Designate Civils and
Operations and Transport 1
Coastal
Operations and Transport Senior Engineer 1
Operations and Transport Transport Planner – Active Travel 1
Sport Leisure Assistant Standard 1
Sport Membership Services Officer 1
h) the staffing budget and number of full-time equivalent posts for the department for each of
the last five years?
Each year, staff costs, budgets and headcount are published in our Annual Report and Accounts. 2024
data will be available in the 2024 Annual Report and Accounts.
2023: States of Jersey Group 2023 Annual Report and Accounts.pdf (gov.je)
2022: States of Jersey Group 2022 Annual Report and Accounts (gov.je)
2021: R States of Jersey 2021 Annual Report and Accounts.pdf (gov.je)
2020: States of Jersey Annual Report and Accounts 2020 (gov.je)
1.17Deputy J. Renouf of St. Brelade of the Minister for Health and Social Services regarding the work undertaken by Deputy Sir P.M. Bailhache (WQ.243/2024)
Written Question Document(Written Question Document)
Question
“Further to the response to Written Question 206/2024, will the Minister advise how many
individuals were spoken to or interviewed by Deputy Sir P.M. Bailhache of St. Clement, and of this
number –
(a) how many were spoken to because they had contacted the Minister expressing a wish to speak
to him; and
(b) how many were spoken to because they were contacted by Deputy Sir P.M. Bailhache without
having requested to speak to the Minister?”
Answer
In relation to the original question, Deputy Bailhache met with or spoke to approximately 30
individuals
In relation to questions (a) and (b), no formal record was kept, simply because it was not a
formal process. Having spoken to several clinicians directly, shortly after taking office, it soon
became clear that there was much discontent within their ranks informing me that others were
keen to discuss their concerns.
Given the time this would have taken I took the decision to ask Deputy Bailhache if he would
be kind enough to undertake this piece of work on my behalf. Given his background as a
former Bailiff and long serving and well-respected member of the States, I felt I could rely
on him to undertake the task with complete integrity.
I anticipated that from the time at which Deputy Bailhache took over the work that he too
would receive various requests, and or, referrals. I believe that was the way in which it
progressed.
It did not seem important at the time to keep formal records of the process, nor does it seem
important with the benefit of hindsight. As an elected representative, with new Ministerial
responsibilities for a large, complex and troubled portfolio, I saw no crime in listening to the
thoughts and feelings of clinicians, in much the same way as I would, and indeed have, for
many others including patients.
1.18Deputy J. Renouf of St. Brelade of the Minister for Treasury and Resources regarding preparations for the next Government Plan (WQ.244/2024)
Written Question Document(Written Question Document)
Question
“In respect to Article 9(9) of the Public Finances (Jersey) Law 2019, will the Minister confirm what
specific steps (including meetings, briefing papers, and decisions) have or are being undertaken by
Ministers and Officers to ensure that preparations for the next Government Plan will “take into
account the sustainable well-being (including the economic, social, environmental and cultural well-
being) of the inhabitants of Jersey over successive generations”?”
Answer
Article 9(9) of the Public Finances (Jersey) Law 2019 says:
(9) The Council of Ministers must –
(a) in preparing the government plan, take into account the sustainable well-being (including
the economic, social, environmental and cultural well-being) of the inhabitants of Jersey
over successive generations; and
(b) set out in the government plan how the proposals in the plan take that sustainable well-
being into account.
The forthcoming Government Plan will set out how the proposals in the plan take sustainable
wellbeing into account.
Some of the specific steps undertaken in preparing the plan include:
• Ensuring that the Common Strategic Policy (CSP) is aligned with Future Jersey and the
three sustainable wellbeing themes (Community Wellbeing, Economic Wellbeing,
Environmental Wellbeing) and the Island Outcome Indicators. The decisions on the
priorities to include in the CSP and the associated resourcing implications have directly
informed the Government Plan process.
• As part of developing the Common Strategic Policy and the Government Plan, Ministers
have received briefings on Future Jersey and the Island Outcome Indicators, including from
Statistics Jersey.
• A briefing was provided on the ways that ministers can individually and collectively take
sustainable wellbeing into account.
• Briefings on the required content of the Government Plan (as set out in the Public Finances
Law), which includes the requirement to consider sustainable well-being.
It should be noted that the Jersey Audit Office is currently undertaking a review of the Jersey
Performance Framework and the approach taken to sustainable wellbeing.
1.19Deputy A.F. Curtis of St. Clement of H.M. Attorney General regarding offences under the Planning and Building (Jersey) Law 2002 (WQ.245/2024)
No contributions recorded for this item.
2.Urgent Oral Question
No contributions recorded for this item.
2.1Deputy L.K.F. Stephenson of St. Mary, St. Ouen and St. Peter of the Minister for Health and Social Services regarding the report by the Royal College of radiologists on the breast screening service
Lucy Stephenson(Deputy L.K.F. Stephenson of St. Mary, St. Ouen and St. Peter)
and Social Services regarding the report by the Royal College of radiologists on the breastscreening service.
Will the Minister advise what actions, if any, his department is taking to rectify issues identified by
the Royal College of Radiologists in their report on Jersey’s breast cancer screening service and the
timescales for any such actions to ensure that Islanders are receiving appropriate and effective care?
In April of this year I met with the Deputy Medical Director who gave me a full update on the
situation and provided me with a thorough explanation of the breast radiology action plan. The plan
included a well-considered range of recommendations, many of which have since been implemented
or are in the process of being implemented. Some actions were easily addressed, but some will
require further investment and support over a period of time. All the actions have been R.A.G. (red,
amber, green) rated to ensure that those were the highest priority in relation to patient safety have
been and continue to be addressed first. A sustained programme of support has been put in place and
will be monitored on an ongoing basis. Full details of the recommendations will be made available
at the next public board meeting in July. Members will be aware that there are numerous problems
to be overcome at the Health Department and there is no doubt that other issues will emerge before
things settle down. But at this point in time, what I can assure Members is that I have been extremely
impressed with the speed and efficiency of the work that has been undertaken since the report was
received.
Deputy T. Binet (The Minister for Health and Social Services):
No contributions recorded for this item.
2.1.1Deputy L.K.F. Stephenson:
Lucy Stephenson(Deputy L.K.F. Stephenson of St. Mary, St. Ouen and St. Peter)
I understand again from media coverage yesterday that the radiologist referred to in the J.E.P.’s
(Jersey Evening Post) coverage of the contents of that report and subsequent fallout from it is still
employed by his department. Can the Minister confirm on what terms that individual is working, in
what role and what steps have been taken to ensure they are up to the job and not putting further
patients at risk?
I cannot provide a precise detail of what that radiologist is doing at the moment, but I can assure the
Assembly that nobody else is being at risk. If we look at the actual facts behind this, the level of
false negatives that were detected is within the tolerances that are generally accepted in most western
countries.
2.1.2Deputy H.L. Jeune of St. John, St. Lawrence and Trinity:
Hilary Jeune(Deputy H. Jeune of St. John, St. Lawrence and Trinity)
I asked the Minister 2 weeks ago - in the last States sitting in fact - what are the clinical areas in the
H.C.S. (Health and Community Services) that the Minister is most concerned about at the moment?
His response was: “I have to say there is nothing of massive concern at this point in time.” Is the
Minister still content with his answer?
Yes, I am. This latest affair is historical. It happened a good while ago. It was first initially dealt
with a year ago. I think there are Members present who were aware of the situation. It is my job to
ensure that patients are not put in a state of panic. I think this has been handled sensitively and we
will carry on handling further issues of the sort in the same manner.
2.1.3Deputy H.L. Jeune:
Hilary Jeune(Deputy H. Jeune of St. John, St. Lawrence and Trinity)
Could the Minister advise when he knew about the concerns outlined in the Royal Court Radiologists’
Report and, when he did so, did he prioritise them as something that was an important part of his
oversight?
The Deputy referred to the Radiology Report. Sorry, could the Deputy repeat the question? Sorry.
Hilary Jeune(Deputy H. Jeune of St. John, St. Lawrence and Trinity)
Sorry, maybe I have the name of the report wrong, but could the Minister advise when he knew of
the concerns outlined in the report that I think the J.E.P. said was published in in January, but when
did the Minister know of these concerns and did he prioritise any of them from January and, if not,
why not?
Yes, I was informed of the situation shortly after taking office, which is end of January, early
February, I believe. I have been updated ever since and, as I said earlier, I have been extremely
impressed by the way this has been handled. It has been under the control of the Deputy Medical
Director, and I have to say I have had full confidence in the actions that he has taken. It was very,
very clear that he prioritised everything and made very good arrangements to deal with things in a
timely and sensitive manner. I did not have to prioritise anything, I could see that matters were being
well-prioritised by the team.
The Minister says he knew in January. He says he met with the Medical Director in April. The
Ministerial Code, point 28, says: “Executive Members should adopt a no-surprises approach
regarding announcements, ensuring that Ministerial colleagues and then the States Members are
notified in advance of the media.” Why did the Minister not follow this?
Simply because I deemed it in the best interests of patients not to do so. I think in all of these matters
... I know that we all feel that we are entitled to information here, and that is absolutely as it should
be, but in Health I am afraid the patients come first and I took the view that it was in the best interest
of the patients that every one of those patients that was concerned should have been contacted in the
first instance. That is the way that we chose to deal with it.
We are dealing with this issue now because of the report in the newspaper. Can the Minister say
when all those people had been contacted, given that this was first brought to his attention in January,
and why it has taken so long to make those contacts?
As soon as we had sufficient information to know what we were contacting them about. It has been
a complex process. I am happy to reveal what that process is. It is not something that I could stand
here and repeat in full detail, but there has been a very complicated, well-organised process that has
been implemented, and I am very happy to share that with the Deputy should he so wish.
Once again, I cannot lay that out in precise detail, but I can assure the Constable that they are being
managed appropriately. I have no reason to suspect why they would not be handled in accordance
with all of the protocols that are in place.
To be honest with you, I cannot recall having had that discussion. I may well have done. I have
dozens and dozens of conversations with a lot of people on a lot of issues. But I am very comfortable
with the people that are dealing with this and I am absolutely certain it has been dealt with properly.
I can certainly report back to the Constable at some point after the Assembly.
In one of his supplementary answers the Minister talked about not wanting to, I think, induce panic
or something to that effect. Could he clarify what he meant by that?
Well, it would have been easy enough for the former Minister for Health and Social Services or the
former Chief Minister to report to this last year, because this was all known about at an earlier stage.
Why would anybody want to put something out in public where people are going to be uncertain as
to what their status is? We wanted to make sure that all of those things have been dealt with in an
orderly manner before the public knew. I think it is the patient’s right to be dealt with before the
public get notice.
I am just wondering if this is an example of opinion management from a Ministerial department.
Surely the correct way to proceed is just to present the facts at the correct time and then let people
decide whether they want to panic or whether they want to be quite relaxed about the news that is
going on. Would the Minister agree that is the usual way forward?
No, I would not. I think it is quite preposterous, to be honest with you.
2.1.10Deputy I. Gardiner of St. Helier North:
Inna Gardiner(Deputy I. Gardiner of St. Helier North)
The Minister has mentioned that there are outstanding actions required to be implemented. Would
he inform the Assembly what the outstanding actions are from that report?
There is a whole series of ongoing actions that relate to this, too many and varied for me to actually
commit to memory. As I say, those parties that are interested in the further details, I am quite happy
to share them with Members at a later stage.
2.1.11Deputy I. Gardiner:
Inna Gardiner(Deputy I. Gardiner of St. Helier North)
I understand there are too many actions but would the Minister be able to provide at least 3 actions
that he considers are important and urgent to implement?
Has the Minister reflected that the patient groups mostly impacted by the 2 major issues identified
recently are groups that may be particularly vulnerable in medical settings, namely older people and
women? In making these reflections, what actions can the Minister take to make sure that these
groups are receiving appropriate medical care?
I have reflected on the Minister’s answers to the previous question, where he declined to give any
action points off the top of his head. Did the Minister not prepare for this Question Time with his
officers and does he not have that action plan in front of him today? [Approbation]
Yes, I did spend a considerable amount of time preparing for this but I have also got a considerable
amount of other work. We have a Health Service that is not in disarray but requires a great deal of
attention. I also spend some of my time looking at redesigning the entire Health Service, a major
body of work where I am going to come back to the Assembly for a large sum of money to do ill-
health prevention. These are major things that are going to give rise, with the Assembly’s approval,
to a lot of these things not happening anymore. So I spent a little bit of time dealing with the
symptoms of what is going wrong and I spend an awful lot of time dealing with the causes. I am
very comfortable about that.
Sir, if I may, I think the second part of my question was not heard because of the foot stamping. I
asked the Minister if he had the action plan in front of him today.
No, I do not have the action plan in front of me today here, because I do not see what purpose that
would serve. There is a team of very competent people dealing with this issue and I am very
comfortable about that. I do not think having that report here would serve any purpose particularly.
2.1.14Deputy L.K.F. Stephenson:
Lucy Stephenson(Deputy L.K.F. Stephenson of St. Mary, St. Ouen and St. Peter)
Can the Minister confirm if the R.C.R. (Royal College of Radiologists) report - which I believe there
are 2 reports and this is the initial one, which focused on radiology - raises any further questions
about any other aspects of radiology care which warrant further investigation or action beyond those
which relate to the breast cancer screening service? Or is he satisfied that all other aspects of
radiology are working appropriately and effectively and delivering the best possible care for
Islanders?
There are other issues of radiology under scrutiny at the moment and we will be making those
findings clear probably towards the end of next month.
Kristina Moore(Deputy K.L. Moore of St. Mary, St. Ouen and St. Peter)
Sir, there was not an opportunity to ask a further question to put the record straight, but I do think
that the Minister for Health and Social Services inaccurately suggested that the former Chief Minister
was aware of this report. She was not.
Sir, I have to say, if I may, that I checked that yesterday and I was informed that that was the case.
Sir Timothy Le Cocq(The Bailiff)
Well, I think this is a matter that certainly cannot be resolved. There is no mechanism for resolving
any kind of dispute on this before the Assembly. I certainly cannot resolve it and so I think we have
to leave it as it is there.
3.Oral Questions
No contributions recorded for this item.
3.1Deputy K.M. Wilson of St. Clement of the Minister for Health and Social Services regarding the work of the P.F.A.S. Scientific Advisory Panel (OQ.118/2024)
Will the Minister provide an update on the work of the P.F.A.S. (Per- and polyfluoroalkyl substances)
Scientific Advisory Panel, with specific regard to the presence of P.F.A.S., concerns raised by
Islanders about P.F.A.S., and any findings or recommendations that have been made by the panel to
date?
It is quite a comprehensive question so I am going task whether you can provide a small extension
to the usual response time?
Sir Timothy Le Cocq(The Bailiff)
Well, usual response time is one minute and 30 seconds. It is often honoured in the breach rather
than the observance so we do not go on to 3 minutes or 2 minutes.
The P.F.A.S. Scientific Advisory Panel has been in place for about a year and they are currently
preparing a series of reports in order to make recommendations for the Government. The first report
has been finalised and that recommends implementation of a therapeutic phlebotomy service. That
service is now in development. Report 2 focuses on the health effects of P.F.A.S. and that is currently
in preparation with recommendations due to be discussed by the panel in public towards the end of
June. Islanders will be consulted on the report’s findings in September with a publication plan for
the fourth quarter of this year following the incorporation of the consultation feedback. The report
takes into consideration Islanders’ concerns regarding health conditions they believe to be related to
P.F.A.S. exposure and seeks to provide evidence for each disease area. Report 3 will review potential
interventions to reduce P.F.A.S. levels and advise on the testing and retesting of Islanders. Work on
this report started in June with the launch event and a call for Islanders to provide evidence. The
finished report is due to be shared with Islanders just towards the end of the year and published early
in 2025. Now, the panel has not started work on report 4 yet, but when it does it will look into the
impacts of P.F.A.S. on the environment. At recent consultation meetings, concerns have been raised
in relation to the presence of P.F.A.S. in substances such as soil and mains water, and it is intended
these matters will be investigated during the preparation of report 4 in order to address these concerns.
No environmental recommendations have been made by the panel at this stage and that is because a
series of robust evaluation methods will need to be determined and followed in order to establish the
facts that will give rise to them.
Sir Timothy Le Cocq(The Bailiff)
That was well within the time, Minister.
Deputy T. Binet (The Minister for Health and Social Services):
Can the Minister outline what he believes the impacts are on the individuals who are affected by this
contamination, with particular regard to their health needs?
I am not aware that anybody has been particularly badly affected. As I say, I am not a clinician, I am
not qualified to answer that question. That is why we have this report; these series of reports being
compiled.
This has been an issue which has been raised over many years, not least by constituents in the west
of the Island, St. Peter, St. Brelade being 2 significant Parishes where there has been concern raised
by members of the public. I had contact from somebody who was very concerned that her breast
cancer may be linked to P.F.A.S. She does not know that for sure, but she is looking for answers, as
are many members of the public. The lack of answers may well give rise to what the Minister spoke
about earlier, panic among the public when this matter does not seem to have been resolved. Can he
give an assurance that at some point very soon that there will be answers to those many people in the
Island for whom this is a current issue?
I must admit to being at a bit of a loss in this regard. There seems to be a number of people that think
that when things come to the public’s attention or come to the attention of people that have to deal
with it that things can be resolved overnight. Unless I am wrong, I have just given a fairly
comprehensive outline of 4 reports that are currently being undertaken. I certainly cannot pre-judge
what they are going to say. I think the team are working on this as quickly as they can and the
outcomes of those reports will be made available as soon as possible.
3.1.3Deputy H.L. Jeune:
Hilary Jeune(Deputy H. Jeune of St. John, St. Lawrence and Trinity)
Could the Minister advise if he will be putting forward funding in the Government Plan for 2025 in
relation to supporting any recommendations that come out of this scientific advisory panel, both for
environmental but also for health issues?
Another opportunity for me to say that I do not know what is in the Government Plan for this. At
this point in time, I do not know what is in the Government Plan for P.F.A.S., but I shall certainly
find out and let the Deputy know. I have to say I am not a walking encyclopaedia.
3.1.4Deputy H.L. Jeune:
Hilary Jeune(Deputy H. Jeune of St. John, St. Lawrence and Trinity)
Will the Minister confirm if he will be prioritising putting funding into the Government Plan 2025?
Given the Minister’s comments about he does not know what impact this has had on individuals’
health, would he undertake to meet with those affected to gain a better understanding of their
concerns?
Among the many other things that I do, I seek to meet just about everybody that asks for a meeting
with me. Nobody has been in touch with me about this to date. But like I do with virtually every
other request, I am very happy to meet people who have concerns. As I say, unless I have missed
something, it is the intention of these 4 reports to actually ascertain what the problems are.
3.2Deputy G.P. Southern of St. Helier Central of the Minister for International Development regarding improving international poverty levels (OQ.128/2024)
Further to publication of the Best Things First book by Professor Bjorn Lomborg and the conclusions
arising from that publication, what is the Minister’s assessment of the effectiveness of her department
in improving international poverty levels?
[10:00]
Carolyn Labey(Deputy C. Labey of Grouville and St. Martin)
Lomborg is good and we have taken much of his work into account alongside others of the effective
philanthropy movement, such as Open Philanthropy, and resources like GiveWell. While I have not
yet read this particular publication, which only came out last year, I am familiar with the fact that
Lomborg, among other things, maintains that targeted efforts can make a significant difference.
Which is exactly what we have done by structuring Jersey Overseas Aid in the way we have, focusing
on 3 thematic areas and where we can also add value and expertise.
Deputy C.F. Labey of Grouville and St. Martin (The Minister for International Development):
Could the Minister suggest what progress has been made away from the physical building of
community centres in Africa or wherever and on to the adoption of its skills-based advice and
assistance in Africa? What progress has been made?
Carolyn Labey(Deputy C. Labey of Grouville and St. Martin)
I think the Deputy is referring to community work projects when he talks about building community
centres. That is one very small aspect of our work and we still send volunteers out there. We are
now looking at sending skilled volunteers who can offer their skills such as teaching, such as medics
and possibly in the future we will look to veterinarians.
3.2.2Deputy H.L. Jeune:
Hilary Jeune(Deputy H. Jeune of St. John, St. Lawrence and Trinity)
There is also another school of thought that specific development aid only changes a small part of
life and actually looking more at systemic causes of poverty in developing countries is the way
forward. Could the Minister advise if any part of her role is to encourage policy coherence across
government policies and initiatives to prevent unintended negative consequences on poverty
reduction and the impact of climate change in developing countries?
Carolyn Labey(Deputy C. Labey of Grouville and St. Martin)
Well, as the Deputy will know very well, we focus on conservation livelihoods. I would say that all
aspects of a project are taken into account, including the negative aspects that there may be. So it is
a case of looking at a project in the round, the benefits versus the negatives. I have to say that the
projects that we support, the benefits always outweigh any negatives.
3.2.3Deputy H.L. Jeune:
Hilary Jeune(Deputy H. Jeune of St. John, St. Lawrence and Trinity)
Sorry, the Minister maybe misunderstood my question. I was asking if, as part of her role, she is
looking at Government in Jersey and any policies or initiatives outside her remit that potentially could
have an unintended consequence on poverty reduction in developing countries, if she encourages and
influences that policy coherence, to ensure that there is wider benefits to the work she specifically
does.
Sir Timothy Le Cocq(The Bailiff)
Well, I think it is whether you have a view across Government for the purposes of identifying any
policies not within your Ministerial remit that might nonetheless touch upon the interests of your
Ministerial remit. Is that a fair assessment?
Carolyn Labey(Deputy C. Labey of Grouville and St. Martin)
I am not sure that relates to a book from the original question, but it is an aspect I would have to think
about.
Sir Timothy Le Cocq(The Bailiff)
That was the first question. Do you want to have a supplemental question, Deputy Jeune? It is not
compulsory.
Hilary Jeune(Deputy H. Jeune of St. John, St. Lawrence and Trinity)
The Minister mentioned the use of teachers or getting teachers involved in Africa, could she inform
Members how many teachers have been involved in recent initiatives and for what periods?
Carolyn Labey(Deputy C. Labey of Grouville and St. Martin)
I think we touched on this in the good Deputy’s Scrutiny Panel hearing on Thursday. So this year is
the first year we sent teachers out and we sent a cohort in the Easter holiday for 2 weeks. We are
sending another group of teachers in August. They go for 2 weeks and they teach English in schools.
3.3Deputy D.J. Warr of St. Helier South of the Minister for Infrastructure regarding the Lido at Havre des Pas (OQ.122/2024)
Will the Minister advise what progress, if any, has been made regarding the delivery of a project to
refurbish the Lido at Havre des Pas, as included in the Government Plan 2024-2027?
I thank the Deputy for his question. Work has been carried out on the electrical safety and following
the recent fire risk assessment conducted by fire safety consultants and as recommended in their
report, the following works will be undertaken over the next 3 weeks. Upgrade of the fire detection
and warning system, clear and up-to-date fire safety signage, additional emergency lighting, kitchen
fire suppression system and fire extinguisher replacement. As mentioned at the last States sitting,
our focus is on statutory requirements in the first place, that work continues and the cost of these
works will be £51,000. A feasibility study on the delivery of the Lido externals is scheduled to be
completed next week and this will assess the best approach for remedial works on the cracking
northern staircase tower and a full Lido external redecoration with an estimated cost of £350,000.
Connétable A.N. Jehan of St. John (The Minister for Infrastructure):
When it comes to refurbishing - and I thank the Minister for his answer - the Lido complex, how does
the Minister measure the wider social and economic benefit to the Island of this investment? Does
he think that the wider return justifies what he recently described as a cost to his department?
The Lido is just one of the Island’s assets. The balance that we have in maintaining those assets is
clearly a difficult one. We have to maintain our assets and we have to do that in a timely manner
when we have the funds available. We will continue to make sure that our statute requirements on
all of our properties are met first and foremost.
As I said, we have many assets across the Island and our focus is on the statutory requirements in the
first place. Thank you.
Sir Timothy Le Cocq(The Bailiff)
That is the answer then.
3.3.2Deputy I. Gardiner:
Inna Gardiner(Deputy I. Gardiner of St. Helier North)
Apologies, I missed the list of the things that will be done to the Lido and Havre des Pas area, would
the Minister advise if the maintenance, cleaning and refurbishment of the children’s pool is on that
list?
At the moment, our focus is on the building. Firstly, the safety within the building, then making sure
that the building is as good as it can be. I will ask officers for an update at our Ministerial on Thursday
in reference to the pool.
I appreciate the Minister saying that he is taking the statutory parts of the responsibility for Lido
seriously. With that, will the Minister confirm that the tenant will be issued notice when all works
are being taken, in writing and in advance?
I believe that we are obliged to do that with all of our tenants, to advise them of when we are doing
planned works, and the only time we would not do that is in an emergency.
The tenant of the Lido has said to his constituency representatives that he has known representatives
from Property Holdings attending their licensed premises without notice. Will the Minister please
ensure that the notice is provided within the required timeframe?
Will the Minister provide an update on the results of the Mortality Learning Review being conducted
following the death of patients treated by the Rheumatology Department in the last 3 years, and will
he also provide details on any other patient safety reviews taking place in the Health Department?
The Mortality Learning Review is actually an ongoing process that will take some time to complete.
There is no conclusive or meaningful information available at this time, but an interim report will be
compiled over the next month for presentation at the Health Advisory Board at the end of July. What
I can say about this issue is that 5 cases to date have been referred to the Viscount. It is well known
that all areas of the hospital will be reviewed over the course of time and it is inevitable that more
problems will be found in certain areas. There are no new reviews underway at present but we have
identified the next area for review, and that process will begin in the next few weeks. Given, as I
have already stated this morning, that the first rule of good health, certainly in my view, is to put the
patient first, I do not feel that it would be appropriate to broadcast what particular area this will be.
In the event that little of substance is found to be wrong, all we would have achieved is to cause a
great deal of unnecessary stress and anxiety to recent and current users of that service. I do not think
that would be a very helpful approach.
Deputy T. Binet (The Minister for Health and Social Services):
The Deputy Medical Director told Scrutiny on 6th June that 90 patients had been reviewed to see if
their deaths were linked to treatment. Can the Minister say how many of these the expert panel
thought should be referred to the Viscount?
They are going through that process to refine how many get sent. As I have already mentioned, 5
have already been sent to the Viscount. It is quite possible that more will be sent as well.
3.4.2Deputy H.L. Jeune:
Hilary Jeune(Deputy H. Jeune of St. John, St. Lawrence and Trinity)
The Minister committed earlier this year to an action plan to deal with the Royal College of
Physicians report by the end of June. Is he on track to deliver that action plan?
Hilary Jeune(Deputy H. Jeune of St. John, St. Lawrence and Trinity)
There are 23 recommendations in the Royal College of Physicians report. Can he confirm, first, if
he has read the report and if he accepts all those recommendations? Will he be actioning them
according to the timetable set out in the report? If not, which recommendations does he not agree
with?
That is a whole series of questions. The full radiology report, I have to confess I have not read, I
have read the summary. Sorry, could I ask for the second part of that question?
Hilary Jeune(Deputy H. Jeune of St. John, St. Lawrence and Trinity)
If he is accepting the recommendations and will he be actioning them according to the timetable that
is set out in the report? If not, why not?
Certainly it is beyond my pay grade to argue with recommendations from people at the Royal College,
so the answer to that is yes. As far as whether we are going to get everything done in accordance
with that timetable, I would have to go and ask that question. I will happily let the Deputy know how
that is progressing against the stated timetable.
3.4.4Deputy I. Gardiner:
Inna Gardiner(Deputy I. Gardiner of St. Helier North)
When does the Minister expect the Mortality Learning Review to be completed?
There will be an update on that given in July. That is not going to be ready for some time. As I say,
it is an ongoing process that is quite complicated and it is expected to run for some time. I will repeat
that there will be an update on that at the next board meeting at the end of July.
3.4.5Deputy I. Gardiner:
Inna Gardiner(Deputy I. Gardiner of St. Helier North)
Would the Minister present to the Assembly the findings and action plan, and would the Minister be
ready to answer the Assembly questions on the facts as required?
I think that is an obligation on me, so the answer to that would be yes.
3.4.6Deputy L.K.F. Stephenson:
Lucy Stephenson(Deputy L.K.F. Stephenson of St. Mary, St. Ouen and St. Peter)
Can the Minister set out his understanding of the role of a Minister in relation to leading a department
when such a review is ongoing and when other patient safety reviews may be ongoing?
I do not think that is an appropriate question. It is not something I could answer properly in this sort
of setting. I could provide a written answer to that. That is something I would need to give some
thought to.
Sir Timothy Le Cocq(The Bailiff)
The answer is you are not in a position to answer that question at the current time, is what you are
saying.
Lucy Stephenson(Deputy L.K.F. Stephenson of St. Mary, St. Ouen and St. Peter)
So, just for clarity, our Minister for Health and Social Services cannot explain what his understanding
of his role is in relation to leading a department when we have a Mortality Learning Review going
on.
If I may say, I do not think that is a very sensible question to be asking in this setting.
Sir Timothy Le Cocq(The Bailiff)
Well, I have to say, Minister, you are responsible for your Ministerial office and it is not unreasonable
to ask what your understanding is of the areas that you should cover and be across, and the things
that you should do. I do not think that is outside the ambit of that or the question in connection to
the Mortality Learning Review.
I will attempt to answer on the balls of my feet. These are very complicated. As a layperson, one
comes to this job with a view to playing a political role. The first thing that I tend to do is to assess
the people that I am working around, whether I trust them or not. At this particular point in time, I
trust the team that are doing the work and I play, what I consider to be, an appropriate political role
in working with those people to make sure that the best outcomes for the patients are achieved.
This is a Government committed to openness and transparency according to their Common Strategic
Policy. I raised with the Minister the point that the next board meeting is, I believe, after the
Assembly has finished sitting. Therefore, will he commit to bring those recommendations or the
reports rather of the Mortality Learning Review for discussion to the Assembly, as the Ministerial
Code of Conduct suggests it should do in terms of being brought before the Assembly before it goes
to the public, so that the Minister can answer questions about it in this place?
Will the Chief Minister provide details of any change in policy or process relating to the embargo of
press releases?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
There has been no change in policy. Embargoes enable us to share information with the media in
advance so it can be communicated to Islanders at the right time and to avoid delays in informing the
public of important issues. The reasons to use an embargo can vary from the official publication time
of report to the need to inform individuals or groups particularly affected by Government
announcements in the first instance. The policy remains that news releases are shared with States
Members at least an hour before publication or an hour before the embargo is lifted.
Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter (The Chief Minister):
I thank the Chief Minister for that response. I am a member of the Women’s Health Political Group
and we were told last Wednesday at our meeting by a senior official, after some pressure, that Health
had provided an embargoed press release to the J.E.P. about an emerging story that related to
women’s health. Members of that group were very surprised to hear this and none were aware,
including both Assistant Ministers for Health and the Minister for Social Security. In the light of the
Ministerial Code about no surprises, does the Chief Minister think that it is acceptable that a political
group responsible for woman’s health were not trusted with this information?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
Well, the original question I was asked about was the policy for embargo press releases. The policy
relates to communication with States Members. I think outside of that, communication with
interested bodies is a matter for the relevant Minister to decide, depending on the circumstances.
3.5.2Deputy H.L. Jeune:
Hilary Jeune(Deputy H. Jeune of St. John, St. Lawrence and Trinity)
Can the Chief Minister advise what actions he and his Council of Ministers are taking to be more
transparent with the full States Assembly on key issues that arise? Especially given this seem to be
a strong part of the report, the vote of no confidence and indeed part of the own Chief Minister’s
speech when he became Chief Minister, and also in the C.S.P. (Common Strategic Policy)? How
does he intend to improve this transparency?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
Well, I hope we are being transparent. It is our policy to be transparent. We regularly discuss the
importance of sharing information, especially with States Members and the public. If Members do
not feel we are be being transparent in any particular issue, I would like to hear about it so we can
deal with it accordingly.
3.5.3Deputy H.L. Jeune:
Hilary Jeune(Deputy H. Jeune of St. John, St. Lawrence and Trinity)
I therefore refer the Chief Minister back to the second question of Deputy Miles, where there was a
group of politicians, including those within his Council of Ministers, who did not know about a very
specific issue, a public matter, and the politicians involved felt they were not trusted with this kind
of information ahead of the report on Monday being published in the J.E.P. but journalists were.
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
Yes, I will certainly look into that. The policy is that before any department issues a media release,
Ministers and State Members are informed. If that has not happened, we will try to find out why.
Sir Timothy Le Cocq(The Bailiff)
Final supplementary, Deputy Miles. The Connétable of St. Martin, you put your light on slightly
after I called the final supplementary.
The Chief Minister often tells us that he prides himself on respect, courtesy and professionalism. Can
he assure us that withholding information is not going to become a feature of his Government?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
Yes, and I will make sure I use every ounce of influence I have to ensure that we remain transparent
and we do not withhold information unnecessarily. I would urge Members that if they hear of any
such instances to bring it to me, I will certainly look at it and treat it with utmost seriousness.
3.6Deputy M. Tadier of the Minister for Sustainable Economic Development regarding funding to Jersey Heritage OQ.129/2024)
funding to Jersey Heritage OQ.129/2024)
Further to his response to Written Question 230/2024, will the Minister advise why the 2023
Government funding to Jersey Heritage was frozen at 2022 levels?
Economic Development)
As the Deputy is aware, grant funding to Jersey Heritage almost doubled following the introduction
of the 1 per cent for Arts, Culture and Heritage. Due to the fact that we have launched the Arts
Strategy and the Heritage Strategy in 2022, both of which contained ambitious plans in order to
deliver on these, including new initiatives, it was necessary between 2022 and 2023 to keep core
grant funding to Jersey Heritage at the same level. That, though, has been superseded in 2024 with
a £360,000 increase in funding for Jersey Heritage, which equates to 6.5 per cent. So the grant today
stands at £5.8 million. Back in 2021, I believe it was, it was £2.8 million. So between those years
there has been clearly a very significant increase in funding for Jersey Heritage Trust.
Deputy K.F. Morel of St. John, St. Lawrence and Trinity (The Minister for Sustainable Economic Development):
I do not think it is reasonable to compare to pre-1 per cent levels. I think the Minister did not really
address why the funding had been frozen. I do not want to compare with other A.L.O.s (arm’s length
organisations) because I think it could be seen as divisive, so I will not quote exact figures. But it is
the only A.L.O. that did not receive an increase from its 2022 figures. The 6.5 per cent that the
Minister talks about only equates to a fraction of the 25 per cent inflationary costs that the
organisation has seen over a 2 or 3-year period. Can the Minister again try and explain why they had
to accommodate a freeze, which of course meant that they did not have enough to pay their staff a
cost-of-living adjustment, when other organisations were not given that freeze?
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
If I remember rightly I did explain in the first part of my answer, that there are many claims on the
public purse and certainly that is no different in the Arts, Culture and Heritage sector. So I was faced
with requests for funding from many different areas, not just A.L.O.s but also small and individual
organisations, and in order to satisfy those requests, while also implementing the arts and heritage
strategies, I chose to keep the 2023 grant for Jersey Heritage at the same level as 2022. That, as I
said, was a vast increase on 2021 and as such I believe that Jersey Heritage were able to understand
their budget. Jersey Heritage Trust also have, unlike other A.L.O.s, the ability to get subscriptions
from members and also entrance and other means of raising funding, operating essentially as a
business. I felt at the time that they have the opportunity to raise extra funding in other ways, and so
that was the appropriate thing to do for that year.
3.6.2Deputy H.L. Jeune:
Hilary Jeune(Deputy H. Jeune of St. John, St. Lawrence and Trinity)
I am new into this area and just read the Art Strategy following this question. Could the Minister
give an update on the new arts investment framework for Jersey as described in the Arts Strategy of
2022, and how it has leveraged additional resources for the arts?
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
Again, with the greatest respect, I am not sure that follows from a question about funding for Jersey
Heritage Trust.
Sir Timothy Le Cocq(The Bailiff)
I am afraid it does not. Obviously supplemental questions have to be supplemental to the answers
and supplemental to the ambit of the question. I think that question is outside the ambit of the original
question. Did you have another question you wish to ask at this point, Deputy Jeune?
Hilary Jeune(Deputy H. Jeune of St. John, St. Lawrence and Trinity)
Yes. Does the new arts investment framework include the Jersey Heritage and how has that helped
to leverage additional resources for the arts and for Jersey Heritage?
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
Work is ongoing in the arts investment framework so I would have to check with officers whether it
includes Jersey Heritage. At this present time I am not able to answer that question clearly.
3.6.3Deputy H.L. Jeune:
Hilary Jeune(Deputy H. Jeune of St. John, St. Lawrence and Trinity)
It would also be good to hear from the Minister what the maximum uplift of the 1 per cent the Minister
believes has been achieved with this framework is and if this then could go towards Jersey Heritage
in the future.
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
I am afraid I did not understand that question.
Hilary Jeune(Deputy H. Jeune of St. John, St. Lawrence and Trinity)
As part of the strategy, the new arts investment framework talks about maximising that 1 per cent
uplift so additionally I was wondering if the Minister, when asking his officers for further
information, can also find out about that specific uplift beyond the 1 per cent and if that will also be
feeding into support for Jersey Heritage.
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
Jersey Heritage suffered a cut effectively, with inflation, of around 25 per cent in its Government
grant funding as a result of that freeze. Was the aim of the 1 per cent not to ensure that Jersey Heritage
had the ability to meet the terms of the strategic partnership agreement that has been signed between
the Government and Jersey Heritage? Does he not accept that the cut would have meant that that
was very difficult to achieve?
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
I dispute the idea of a cut when previous to the 2022-2023 year, I disagree with Deputy Tadier when
he says the 2021 year previous to the 1 per cent is irrelevant; I do not believe that is irrelevant. This
is an organisation that had £2.8 million worth of funding; a year later it had £5.5 million worth of
funding. I believe that in itself, that growth there, means that Jersey Heritage was able to meet its
obligations going forward. That is also to be put in the context that Jersey Heritage also receive
funding for Elizabeth Castle, which is a major revenue project, and this year they have received an
increase of funding of over 6 per cent. I believe that when we budget for A.L.O.s it is important that
they work within their budget. Given the almost doubling of Jersey Heritage’s budget from 2021-
2022 back in 2022, I chose at that time not to increase their funding purely because there were many
other calls. As I am very aware, in a sense Jersey Heritage could take all of the £11 million and still
be asking for more from the 1 per cent. I believe in order to make sure there is a thriving arts eco-
system, the 1 per cent is not just money for Jersey Heritage, it is 1 per cent for the entire arts and
culture eco-system, as well as the entire heritage eco-system, that means that difficult choices need
to be made as to where funding is placed.
My understanding is that when the 1 per cent was brought in, one of the fundamental aims of it was
to ensure that Jersey Heritage had a sufficient level of funding. Is he now claiming that the initial
allocation of £5.5 million was over what they needed because he seems to be arguing that it was
relatively simple for them to accept a 25 per cent cut in real terms after that increase?
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
The whole point of the 1 per cent was because there had been a decade of atrophy for the grants going
to organisations, including Jersey Heritage. Now we are seeing a period of further atrophy under this
Minister where in a period of 25 per cent interest in inflation rates this organisation, which does
sterling work for Jersey in terms of its cultural heritage, or patrimoine as the French might say, have
got simply 6 per cent while other organisations have got 23 per cent, 32 per cent, 29 per cent and the
budget for festivals went up by 53 per cent, all of which are great because they do also good work.
[10:30]
Does the Minister think that there is a risk if we push Jersey Heritage too far and cut their budgets
relative to inflation too much they may simply turn around and say: “The States can take back this
castle, we do not any longer have the staff or resources to deal with it”? What kind of position does
the Minister think that would put the Government and the people of Jersey in when it cannot maintain
its own cultural assets?
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
No, I significantly and severely disagree with that suggestion, the idea that atrophy has happened
under this Minister. Let me remind the Assembly, £2.8 million was paid to Jersey Heritage in 2021;
in 2024 £5.8 million has been paid to Jersey Heritage; that is in its core grant funding. It is also
receiving, I believe it is over £7 million, for the Elizabeth Castle project. It is £6.453 million for the
Elizabeth Project and that remains ongoing. The organisation receives over £11 million in funding
at the moment from the Government of Jersey; that is not atrophy, this is an organisation that received
£2.8 million just 3 years ago. I understand that the Deputy is trying to portray it in a certain way but
that is not the way that either the account of Jersey Heritage or the reality can be seen.
3.7Deputy M.B. Andrews of St. Helier North of the Minister for the Environment regarding a public funding strategy to achieve net zero carbon emissions (OQ.117/2024)
Max Andrews(Deputy M.B. Andrews of St. Helier North)
Will the Minister advise what consideration, if any, has been given to a public funding strategy to
achieve net zero carbon emissions, and if no consideration has been given, why not?
Steve Luce(Deputy S.G. Luce of Grouville and St. Martin)
The development of a net zero financing strategy is an active workstream being taken on by officers
at this time. At its heart the strategy will identify how Government will look at the costs of
electrifying Jersey’s vehicles and heating systems, alongside the work to minimise or remove all
other forms of carbon emissions and, most importantly, how that will be paid for. This work
represents strategic policy 3 of the Carbon Neutral Roadmap. The strategy will be informed by the
principles agreed by this Assembly in the 2024-2027 Government Plan. These principles include
ensuring the just transition, the adoption of polluter-pays measures and minimising the burden to
future generations. The strategy will need to secure the revenue required to deliver the Carbon
Neutral Roadmap and our transition to net zero. This is a major task and one which will need to be
approached in phases. Officers are now developing policy proposals for the period 2026-2030 so
these can be costed, and also looking at the associated emissions reductions and having them
modelled. Profiling the level and timing of expenditure is vital if we are to raise the right amount of
money at the right time. In specific answer to the Deputy’s question, officers are actively working
on the strategy at this time.
Deputy S.G. Luce of Grouville and St. Martin (The Minister for the Environment):
No contributions recorded for this item.
3.7.1Deputy M.B. Andrews:
Max Andrews(Deputy M.B. Andrews of St. Helier North)
The Minister mentioned about having a phased approach which is something that I happen to agree
with. Is the Minister in support of having say a 3 or 4-year programme that is to be delivered and
then it will be reappraised with a new programme until 2015?
Steve Luce(Deputy S.G. Luce of Grouville and St. Martin)
The first phase of any net zero financing strategy is going to be presented to the States in 2026, that
will be the new States Assembly, together with the proposals for the roadmap delivery plan for the
period 2027-2030. This timing will ensure that the findings and recommendations of the independent
Climate Council regarding the first 4 years of the Carbon Neutral Roadmap can be properly taken
into account. The Climate Council are due to report during 2026 just before the general election, and
the roadmap commits each new Assembly to approve the Carbon Neutral Roadmap Delivery Plan
for its term of Government. Members will note of course that the current plan is due to end in 2025
but I have decided that it can be extended for a year as a continuation year to ensure that our 4-year
delivery periods are aligned with both the Assembly and the Climate Council.
I think the new announcement there was that this Government will not be bringing forward any new
funding proposals in terms of the Carbon Neutral Roadmap. Is the Minister concerned that we will
lose momentum in terms of the journey to net zero given that new commitment?
Steve Luce(Deputy S.G. Luce of Grouville and St. Martin)
I am extremely keen to make sure that we do not lose momentum. As the Deputy and Assembly will
know, the Climate Emergency Fund is currently receiving 9 pence a litre in fuel duty and a proportion
of vehicle emissions duty. Retaining and increasing these sources of revenue will be critical if we
are going to have a realistic chance of meeting our emissions reductions targets, first of which falls
in 2030. Before the Deputy asks the question, the target, of course he will know, is that by 2030 we
are hoping to reduce by 68 per cent. I have to say at the end of 2022 the Island had only got 47 per
cent of the way into that target, which leaves us a real challenge but one that I very much am up for
and hope to get towards.
I thank the Minister for that reply. Will the Minister state whether he has any plans to find any extra
sources of funding perhaps by increasing the fuel levy or other measures, registration fees and so on,
to enhance the Climate Emergency Fund during his term of office?
Steve Luce(Deputy S.G. Luce of Grouville and St. Martin)
The Deputy is alluding to something which is absolutely correct, which of course is the fuel duty,
and V.E.D. (vehicle emissions duty) receipts are going to decline over time as we successfully and
hopefully transition towards electric vehicles. The most recent statistics I have is something over 40
per cent of Jersey vehicles being registered in the last few months have been electric. That is good
but we will need to supplement the Climate Emergency Fund with additional revenue in the next few
years, and we are going to have to look at polluter-pays taxes or charges and potentially capital from
our own finance industry. Work has already commenced on a fuel duty replacement policy in line
with current Government Plan commitment and we are also continuing to look at the tax charge levy
on private jets at the airport.
3.8Deputy B.B. de S.DV.M. Porée of St. Helier South of the Minister for Infrastructure regarding the scheduling of roadworks (OQ.131/2024)
Beatriz Porée(Deputy B.B. de S.DV.M. Por�e of St. Helier South)
Further to the current roadworks to resurface Val Plaisant, and resultant traffic delays in the area,
will the Minister advise why the resurfacing was scheduled for this particular time of the year and
whether other dates were considered in relation of this work?
I thank the Deputy for her question. The department recognises that roadworks cause disruption and
delay to people’s daily lives and it goes to great lengths to co-ordinate between all the organisations
such as utility companies and developers that wish to work on the roads, as well as organisations that
wish to close roads for events. When planning resurfacing works these constraints have to be
balanced among many other constraints against the length of time it takes to do projects, as well as
the availability of the specialist contractor, as well as stakeholders that may be directly affected. The
department does seek to maximise the available school holiday periods; however, the contractors can
only be at one place at one time. The resurfacing works planned and completed for the majority of
school holiday periods in 2024 was already done before Val Plaisant came into line. Mont Millais,
for example, has to be done during school holidays and was done over the 2-week period at Easter.
The urgent works at Val Plaisant required a 3-week programme and it was considered not to be
suitable for a summer school holiday project due to the impact on the town traffic during the high
summer tourist period. Members and the public can get information on resurfacing plans for the next
4 years on roadworks.gov.je.
The Connétable of St. John (The Minister for Infrastructure):
No contributions recorded for this item.
3.8.1Deputy B.B. de S.DV.M. Porée:
Beatriz Porée(Deputy B.B. de S.DV.M. Por�e of St. Helier South)
I thank the Minister for his thorough answer; much appreciated. With that in mind, has the Minister
been able to address some of the issues that directly impact on the heavy traffic congestions and, if
not, why not?
The team do their very best to give prior notice, not only by publishing things on the website to 4
years in advance but by publishing information in the media and also roadside signs. Inevitably when
we do major works we do get problems. This summer holidays we are doing work on the Grande
Route des Sablons so as not to impact on the school at Grouville with diversions; lots of things have
to be taken into account. Traffic numbers dip slightly after the half-term because of exams and that
is why that time was chosen.
3.8.2Connétable M.K. Jackson of St. Brelade:
Mike Jackson(ConneÌtable M.K. Jackson of St. Brelade)
I thank the Minister for his comprehensive answer and have had similar experiences in a previous
life of having to deal with roadworks, which are never popular. In St. Brelade we have had the
experience over the last week or 2 of roadworks which were duly completed and satisfactorily, but
the traffic lights controlling the works remained for 2 days after the work was finished. Could the
Minister please give Members the confidence that these jobs will be managed efficiently and
minimise the disruption to the general public to the best of his ability?
I apologise to my fellow Connétable if that was the case; I certainly was not aware of that. Every
endeavour is made to finish works on time and clearly when works are finished it is important that
the traffic signs are removed. I will look into that case and report directly back to the Constable.
3.9Deputy H.M. Miles of the Chief Minister regarding the contract of the Government Chief Executive (OQ.125/2024)
Will the Chief Minister explain why he has accepted a 6-month review of the contract of the
Government chief executive, when he has publicly stated that he would like to see Dr. McLaughlin
stay at least until the end of the current Government?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
I fully expect the chief executive to remain in post until after the next election. The 6-month review
period that has been included by mutual agreement is to provide flexibility and an opportunity to
ensure the arrangements continue to be right for the Government and the public sector and, of course,
Dr. McLaughlin. It is a rolling contract and the hope and expectation of both parties is that Dr.
McLaughlin will remain in post until at least the next election and beyond.
I thank the Chief Minister for that answer. If the current incumbent for whatever reason, rolling
contract or otherwise, did not wish to commit permanently, why did the Chief Minister not instruct
his officials to restart a recruitment process for a permanent head of the public service that would not
be on a rolling contract?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
I think the Island, the public sector and the civil service need some stability right now. Dr.
McLaughlin had made a very good start in his role as interim chief executive officer and it quickly
became apparent when the new Government took office that we could all work very well together.
Dr. McLaughlin was also open and upfront on the fact that he had a previous commitment that he
felt he had in relation to a non-executive position, so we went through that process. The reason why
essentially we did not go back and start an open process again was to maintain that stability. He was
doing a very good job and we hope he will stay with us for as long as possible to continue doing that.
3.9.2Deputy I. Gardiner:
Inna Gardiner(Deputy I. Gardiner of St. Helier North)
Would the Chief Minister clarify if the contract is a fixed-term contract for 2 years or is this contract
for 6 months with an option to extend further? What type of contract currently does the Chief
Executive have in place?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
It is a contract for 6 months with an option to extend for a further 2 years should both parties agree.
We felt that was sensible at this stage rather than into a permanent contract. Members will know that
when permanent contracts are entered to senior staff on high salaries they are very expensive to get
out of. I would like to see, and I believe the opinions of at least the majority of States Employment
Board members agree, that at that level we should perhaps look to more fixed-term contracts than
permanent contracts, and that is a discussion we will have in due course. In this instance, I think the
arrangements are a very good fit for the circumstances and both Dr. McLaughlin, myself, the States
Employment Board, and I believe the Government, hope he stays until at least the next election and
beyond.
[10:45]
3.9.3Deputy I. Gardiner:
Inna Gardiner(Deputy I. Gardiner of St. Helier North)
When the options for the chief executive to continue his contract were raised, the reason for this was
stability, we need to have stability in the public service. Would a 6-month contract provide this
stability and what concerns, if any, does the Chief Minister have about stability and long-term vision
for the 6-month contract for the chief executive?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
I am just trying to remember, we have had 4 or 5 chief executive officers in as many years. The
public sector do need some stability, some continuity, some stable leadership and, as I have just
explained in the initial answer, it was deemed sensible to have a 6-month review period by mutual
agreement to ensure that the arrangement continues to be right for Government and the public sector
and all parties moving forward. I stick to that answer, that is why we have done it, and both Dr.
McLaughlin and myself have full confidence that that 6-month period will prove successful and will
continue at least until the next Government and beyond.
3.9.4Deputy L.K.F. Stephenson:
Lucy Stephenson(Deputy L.K.F. Stephenson of St. Mary, St. Ouen and St. Peter)
Does the C.E.O.’s (chief executive officer) new contract include any increase in salary or wider
benefits package when compared to his previous interim contract with the Government of Jersey and,
if so, what has changed?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
No, it is the same terms and conditions.
3.9.5Deputy L.K.F. Stephenson:
Lucy Stephenson(Deputy L.K.F. Stephenson of St. Mary, St. Ouen and St. Peter)
Will there be a salary review after the 6 months?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
I would expect that would be reasonable. I understand the chief executive’s salary has been fixed at
£250,000 per annum for a number of years, and I think it is due for review. As I understand it, there
are no plans to do that but I think in the interests of fairness it would not be unwise to look at that at
the appropriate time.
3.9.6Deputy H.L. Jeune:
Hilary Jeune(Deputy H. Jeune of St. John, St. Lawrence and Trinity)
Could the Chief Minister confirm if the chief executive has delivered on his key objectives under his
first contract and, if not, why not?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
I believe he has. He has also presented his key objectives as proposed during the remainder of an
interim period and when he returns we will agree his next set of key objectives.
3.9.7Deputy H.L. Jeune:
Hilary Jeune(Deputy H. Jeune of St. John, St. Lawrence and Trinity)
Just to confirm, when he returns then that will only be the time that the Chief Minister will go through
any key performance indicators with the chief executive or has that already been agreed in advance
of signing the contract? Could the Chief Minister explain what is the performance management
process and appraisal process that will be put in place for the chief executive?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
The chief executive, before his interim contract expired and prior to his new contract starting on 1st
July, did provide me with key objectives. We ran through them and I will pick that up again with
him upon his return and make sure we put in place the appropriate procedures to monitor how those
are achieved. We have not agreed that as yet but it is high on our list of things to do when he returns.
I am finding there is a bit of a contradiction here in the Chief Minister’s answers. He talks a lot about
wanting stability which would imply a longer contract but he is also arguing that a 6-month review
is important in order for there to be a chance for everybody to review. What will happen if the chief
executive decides to leave in 6 months?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
We will start a process for a new chief executive.
This highlights indeed this point about contradiction. That would surely be a highly unstable
situation; we would have a situation where there would be a 6-month recruitment process. Which is
the Chief Minister’s priority here? Was his priority to gain stability and have a long-term contract
with the chief executive, which the chief executive declined, or was his priority to have a 6-month
review?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
The priority of this Government remains to reintroduce some stability to the way the Island is
managed and not least through the public sector. If the Deputy was listening, he would have heard
me say earlier that this contract was agreed mutually, so that means Dr. McLaughlin was content
with the 6-month review period and so was the Government because we think it is sensible to ensure
that the arrangement continues to work. I went on to say it is a hope and expectation of both parties
- and for the avoidance of doubt that is the Governmnent and Dr. McLaughlin - that he will remain
in post until the next election and beyond. I am not sure that by bringing up the issues about Dr.
McLaughlin’s employment or any public employee’s employment in this Assembly, in this public
forum, is the right way to go about it. I would ask Members who have questions about the
employment or the details of employment of senior members in the first instance, come and talk to
myself or the States Employment Board and we will gladly share all of the details and the rationale.
I think it is a deterrent for senior employees to come and work for the States if they are going to be
put on the spot in public forums time after time. I think we have a very good arrangement, I think
we have a first-class candidate, and I look forward to working with him for the benefit of the Island
in the years ahead.
The Chief Minister has referred to the chief executive having a non-executive appointment to which
he was committed. Just for clarification, is the Chief Minister aware as to whether that commitment
to such a position will still be in play at the time of the review?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
I believe it will but there is no time commitment to that commitment to a non-executive role and it
will continue as long as it works for Dr. McLaughlin and the other party involved.
In the interests of transparency, will the Chief Minister agree to publish the 6-month fixed-term
contract?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
I will discuss that with the States Employment Board.
3.10Deputy K.M. Wilson of the Minister for Health and Social Services regarding the proposed changes to the Termination of Pregnancy (Jersey) Law 1997 (OQ.127/2024) 46 Deputy T. Binet (The Minister for Health and Social Services):
Further to the Health and Social Services Panel’s Quarterly Public Hearing held on 6th June 2024,
will the Minister explain why the proposed changes to the Termination of Pregnancy (Jersey) Law
1997 in relation to women in Jersey who are on work permits have been prioritised above other
changes?
The answer to this is very simple. A short while ago I was advised that the Women’s Health Political
Advisory Group had identified this matter as a high priority, and it is something that I and Deputy
Howell also thought to be very important. Accordingly, I took the opportunity to make an
announcement to the effect that I would be addressing the matter as soon as possible. As it happens,
shortly after that I received an email from Deputy Feltham who very kindly attached a copy of the
minutes of the Women’s Health Political Advisory Group’s meeting of 16th June which at item 2(a)
in relation to this matter expressed the desire to seek a one-off law amendment to remove the current
residency requirement by the end of 2025 pre-purdah. The minutes go on to state the following: “The
removal of the current legal residency requirement before the next Government term was felt to be
of higher priority to enable the provision of a service for women on short-term visas who are not
ordinary residents and have not been here for 90 days.” It was very pleasing to see that the Women’s
Health Political Advisory Group were indeed keen on this matter being prioritised.
One of the concerns I think that the Minister has not addressed is how he is prioritising the
development of this law when we have a constant flip-flapping about what is important. When is he
going to produce a piece of legislation that supports women to manage their own fertility in a way
that is acceptable and when will we expect to see that legislation coming forward?
I am not entirely sure that that relates directly to the question and I certainly do not know where the
evidence is of any flip-flapping. I have said quite categorically that I have been advised in the first
instance by the women’s health group, and I continue to take that approach, as I am sure is Deputy
Howell who looks after these matters more closely. I do not see that there is much more that we can
do than be guided by these good people.
I think for evidence of flip-flapping we might say that in his hustings the Minister said in response
to a question from Deputy Jeune about continuing the termination of pregnancy review: “On the face
of it that sounds very sensible, I would assume that the answer would have to be yes.” At the Health
and Social Security Panel, which Deputy Wilson has already referred to, Deputy Howell said that the
termination of pregnancy work had been stopped for lack of resources, then at the weekend the
Minister said he was trying to get it back on track. Can he confirm exactly what is happening with
the termination of pregnancy review?
Once again I am not sure that that relates to the question but I am very, very happy to answer it. We
have limited resources. I have made it plain that I am very keen to see all of these issues being
prioritised. We did lose somebody from the Policy Department recently, I am using my best
endeavours to get that person replaced, and I am putting in a request for an additional person in order
to takes these matters forward. I have been clear about that all along and I do not see there is any
ambiguity about anything that I have said.
3.10.3Deputy L.K.F. Stephenson:
Lucy Stephenson(Deputy L.K.F. Stephenson of St. Mary, St. Ouen and St. Peter)
Just to follow on from that question, when does the Minister expect to have clarity on that position,
when he will know whether those attempts to find additional resources have been approved and
therefore we know for definite that the work can go ahead?
Once again, I do not think that is totally related to the question and I will not know until I know. As
I say, I am using my best endeavours; I can do no more than that.
3.11Deputy M.B. Andrews of the Minister for External Relations regarding the publication of local credit lenders interest rates and terms (OQ.119/2024)
Max Andrews(Deputy M.B. Andrews of St. Helier North)
Will the Minister advise what consideration, if any, he has given to publishing local credit lenders
interest rates and terms, to help Islanders make informed decisions when considering loans and
mortgages, and if this has not been considered, will he contemplate this in the future?
Ian Gorst(Deputy I.J. Gorst of St. Mary, St. Ouen and St. Peter)
Government publishing the rates and terms of lenders would not be appropriate. The J.F.S.C. (Jersey
Financial Services Commission) has engaged with banks to ensure appropriate information is
available to the public and that banks are ensuring through their pricing that customers are treated
fairly.
Deputy I.J. Gorst of St. Mary, St. Ouen and St. Peter (The Minister for External Relations):
No contributions recorded for this item.
3.11.1Deputy M.B. Andrews:
Max Andrews(Deputy M.B. Andrews of St. Helier North)
In the U.K. (United Kingdom) mortgage lenders will have their information often accessible so
people can look at the best rates that are made available. Does the Minister for External Relations
believe that there is potentially a facility for that to happen but it might not involve the Minister
directly?
Ian Gorst(Deputy I.J. Gorst of St. Mary, St. Ouen and St. Peter)
Yes, the Deputy makes a very good point. It is important that rates and terms are available clearly to
the public; that is the issue that the J.F.S.C. has raised with banks directly so that they do. I do think
that there is an argument, as we see elsewhere across the globe, for consumer bodies to do price
comparisons, not just in this area, but right across the Jersey economy. It is my intention, in light of
their recently-published review about mortgage rates, to have a conversation with them.
3.12Deputy J. Renouf of the Chief Minister regarding conflicts of interest among the Council of Ministers (OQ.126/2024)
Will the Chief Minister advise the Assembly on his approach to dealing with conflicts of interest
among the Council of Ministers; and further provide detail on what advice, if any, Ministers have
received about how to deal with conflicts of interest?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
My approach to conflicts of interest largely reflects to that of the previous Council of Ministers which
the then Chief Minister outlined in her response to Written Question 54 in 2023 from Deputy Feltham,
for example, declaring conflicts of interest at the beginning of meetings of the Council of Ministers
or withdrawing from a discussion. Members will know that an updated version of the Ministerial
Code was published on 27th February, and that is R.31/2024, and those aspects relating to conflicts
of interests I believe were clarified and strengthened in that report. Additionally, the supplementary
guidance to the Ministerial Code of conflicts of interest published by the last Government is still in
place and can be found at gov.je. I would note that Ministers and Assistant Ministers will have been
offered the same induction training and advice provided by the States Greffe as relates to the
Members’ Code and that is set out in schedule 3 to Standing Orders, which applies to Ministers and
Assistant Ministers as well.
The Ministerial Code to which the Chief Minister referred, R.31, at point 6 says: “Executive Members
must identify and actively manage any conflict of interest between their Ministerial responsibilities
and their private interests, not limited to financial interests, which includes their personal affiliations,
charitable and family interests.” Does the Chief Minister accept that this means that Ministers should
declare to officers when they are dealing with matters regarding people they know or with who they
have business relationships?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
I think it depends on the circumstances; it is not always possible in Jersey. We all tend to know
everybody else and I think it would be impractical if we had to declare every time we knew
somebody. Ministers have made declarations at Council of Ministers where they consider an actual
perceived conflict of interest may exist, and I do believe that continues to be the case. The treatment
of that declaration of course depends on its nature with the course of action either being for the
Minister to remove themselves from the meeting or, having made the declaration, to decide to remain.
Ultimately it is a decision for the Chief Minister and the declaring Minister in each instance to
determine how they wish to proceed. To date it is my belief that process has been operating well and
I am not aware of failures to date.
3.13Deputy D.J. Warr of the Minister for Treasury and Resources regarding the increase in small parcel postal rates (OQ.123/2024)
Will the Minister, in her capacity as shareholder representative for Jersey Post, advise whether the
same 30 per cent to 50 per cent increase in small parcel postal rates have been applied to both
international online retailers who use Jersey Post and local businesses and, if not, will she explain
why?
Resources)
I thank the Deputy for his question. The increases applied to international retailers and local
businesses are different; however, it is important to note that the range of local price increases have
been less than 30 per cent, depending on service and destination. Export prices reflect continued
increase in transport and delivery costs that Jersey Post itself has charged. Our prices for customers
sending mail to Jersey are affected by the threat of losing critical volume to competitors. For goods
travelling from Jersey, Jersey Post is buying services and are dependent on the amount by which its
suppliers increase rates, particularly Royal Mail, who is the only regulated operator able to deliver
across the U.K. for a single price, but also Condor who increased its rates by more than 18 per cent
this year. For goods delivered to Jersey, Jersey Post acts as a supplier whose ability to increase prices
is limited by the need to compete with other potential delivery operators. The economic reality of
the market is that Jersey Post is financially dependent on delivering volume for the likes of Royal
Mail and Amazon while Jersey’s volume to the U.K. and elsewhere is relatively insignificant in
comparison.
I thank the Minister for her answer. I would just quickly say that ...
Sir Timothy Le Cocq(The Bailiff)
If you could just pause for a moment. We are now inquorate, I believe ... Deputy Curtis is online,
we are not inquorate. Thank you very much. Please do continue, Deputy.
Deputy E. Millar of St. John, St. Lawrence and Trinity (The Minister for Treasury and Resources):
I thank the Minister for her answer. I would just quickly clarify, I have got 2 examples here where
prices have increased between 2021 and 2024 by up to 45 per cent. To come back to my follow-up
question, there is a private company which has successfully offered next-day services to the U.K. at
lower rates than those charged by Jersey Post for 2 and 3-day services. Why has Jersey Post not
considered adopting similar methods to better serve the residents and businesses of Jersey as
originally intended by its incorporation?
Elaine Millar(Deputy M.E. Millar of St. John, St. Lawrence and Trinity)
I think there is quite a lot in that question. Firstly, the increases, I think the Deputy said that the
increases were over a period of 2021 to 2024. That is a 3 or 4-year period and we have seen inflation
rise dramatically in that period. As I say, Jersey Post’s own costs from its own suppliers have been
increasing dramatically over that period. I cannot speak for why. As I have said, Jersey Post has to
set its rates based on what they can afford. They cannot risk losing critical volume to big suppliers,
and I am sure they aim to provide services to local businesses and local suppliers as economically as
they can within the context of the market.
3.14Deputy M. Tadier of the Minister for External Relations regarding a Double Taxation Agreement with Portugal (OQ.130/2024)
Will the Minister advise whether any work is currently being undertaken to create a Double Taxation
Agreement with Portugal, and if no such work is being undertaken, please explain why?
Ian Gorst(Deputy I.J. Gorst of St. Mary, St. Ouen and St. Peter)
The European relations team in my department hold regular discussions with Portuguese counterparts
and have highlighted Jersey’s interest in having a Double Taxation Agreement though we are realistic
that this process can take some time. In the meantime, it should be noted that Jersey and Portugal
already have in place a Tax Information Exchange Agreement in force since 2011 which enables
closer collaboration between our respective competent authorities for the purposes of tax
administration.
Deputy I.J. Gorst (The Minister for External Relations):
I was directed to put this to the Minister for External Relations but this is also a question which I
think impacts on the Tax Department and also perhaps on the Minister for International Development
with her culture and responsibility for Jersey diaspora. I ask this question in the context of former
Jersey residents who are now living in Portugal to make sure that they are not being double taxed and
to make sure that they know what steps are being taken and what resources are available for them in
terms of their tax management, especially if they are on low tax. Will the Minister undertake to also
speak to fellow Ministers, the 2 that I mentioned, to have a co-ordinated approach in this regard?
Ian Gorst(Deputy I.J. Gorst of St. Mary, St. Ouen and St. Peter)
It is a desire of Jersey’s Government, and it has been for many years, to have a Double Taxation
Agreement with Portugal and with some other member states of the European Union but, as the
Deputy knows and appreciates, that is not straightforward. We, unlike some other jurisdictions, do
not have very many Double Taxation Agreements; it does not mean to say we do not mention them
with all of our engagements with those member states for the reasons that he has said. It is a co-
ordinated approach between the External Relations Department, the Treasury Department,
particularly Revenue Jersey’s International Division, and of course my Assistant Minister who has
responsibility for engagement with those groups in Jersey and the problems that they may face. Of
course, where there are no Double Taxation Agreements in place between Jersey and another
jurisdiction, tax can potentially be charged in both places; that is the negative. Jersey’s Income Tax
Law does, however, allow for some release to be given for taxes paid overseas when calculating the
amount of Jersey tax due and other countries have similar rules. The question I suppose is, are those
individuals who are moving between jurisdictions aware of those and engage with Revenue Jersey,
and that would be my first piece of advice to them.
The Minister says that we need to be realistic about the timetables, does he have any idea how long
it would take to put a Double Taxation Agreement in place?
Ian Gorst(Deputy I.J. Gorst of St. Mary, St. Ouen and St. Peter)
That really depends on the interlocutor. We follow the O.E.C.D. (Organisation for Economic Co-
operation and Development) model Double Taxation Agreement, which can mean in some cases it
can be done relatively quickly, but relatively quickly in the world of international agreements is 2, 3,
4 years. Where you do not have a willing partner as such, and you constantly have to make the case
for why it is not only of benefit to Jersey, this is about free movement of people. Between those
jurisdictions a case has to be made of benefit to the then host country; it can take decades.
Can I put it another way slightly then which is to say, where does Portugal sit in the list of priorities
for Double Taxation Agreements that the Island is seeking?
Ian Gorst(Deputy I.J. Gorst of St. Mary, St. Ouen and St. Peter)
That is a good question which is difficult to answer because there are a number of European member
states that, from a Jersey perspective, would be a high priority for Double Taxation Agreements.
When this question first was submitted it occurred to me that I have been talking to Portuguese
interlocutors, as have previous occupiers of this office ever since it was created, around having a
Double Taxation Agreement. It remains high on our agenda but I think we have to be realistic that
it does not remain high on the agenda of other member states.
The Minister has said he is also seeking to have agreements then with other European Union member
states and also that other states are on a high priority list for the department. Can the Minister mention
which are those states?
Ian Gorst(Deputy I.J. Gorst of St. Mary, St. Ouen and St. Peter)
Well, let us be clear, they should be obvious to us. They are countries which are either geographically
close to us, so our nearest neighbour to the east, but also countries where we enjoy the benefit of
large diaspora from member states.
Can I thank the Minister initially for his answer. Given the fact that we do have large and established
immigrant populations here who are now residents of Jersey, would the Minister give an undertaking
to liaise, not only with those Ministers I mentioned earlier but also with the consuls, for example,
that represent Portugal, Romania, Poland and maybe other countries in Jersey, to raise these issues,
both locally for discussion and also when the Minister and the consuls are meeting with ambassadors
in international cultural diplomacy?
Ian Gorst(Deputy I.J. Gorst of St. Mary, St. Ouen and St. Peter)
As I indicated, my Assistant Minister has responsibility for engagement with diaspora and consuls
here. I know it is an issue which he takes very seriously and either has or will be raising in an ongoing
nature the point about raising it when there are meetings between honorary consuls, and inbound or
external visits of ambassadors is a good one and has been raised in the past and will continue to be
raised. We also have to be unfortunately honest with ourselves that post-Brexit engagement with
E.U. (European Union) member states, particularly in regard to these international treaties, even
though we are entrusted to enter into them, have become much more challenging and they were
difficult prior to Brexit.
3.15Deputy B.B. de S.DV.M. Porée of the Minister for Sustainable Economic Development regarding retention and recruitment issues (OQ.132/2024)
Beatriz Porée(Deputy B.B. de S.DV.M. Por�e of St. Helier South)
Further to the Barriers to Business report, will the Minister advise how he plans to tackle the retention
and recruitment issues detailed therein?
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
I thank the Deputy for her question. Last month I published the response to the Barriers to Business
report, it was entitled Enabling Business, and it provided an update against the 38 recommendations
made by Jersey Business. Specifically with regards the barrier of the availability of skills and people,
which is a genuine and severe barrier in Jersey, work is underway to launch a Skills Development
Scheme in 2024, which will include the ability to attract more people with “entitled to work” status
into careers in Jersey while also offering new training and apprenticeship pathways. Work is also
underway to provide support for employers and employees as we transition into a living wage,
including support and work permits. We are also reviewing housing controls within the Control of
Housing and Work Law. This work is already underway and planning guidance on minimum
residential space standards was updated last year. As the Assembly realises, I read through that list,
much of this work is under the auspices of other Ministers and so the work I undertake there is to
engage with those Ministers and their teams to help them work through these programmes to ensure
that we have an Island that is attractive to people for work and attractive to people to stay here in the
long term.
Deputy K.F. Morel (The Minister for Sustainable Economic Development):
No contributions recorded for this item.
3.15.1Deputy B.B. de S.DV.M. Porée:
Beatriz Porée(Deputy B.B. de S.DV.M. Por�e of St. Helier South)
Following on the theme of support for small businesses, has any consideration been given to support
small businesses during the proposed up-and-coming bank holiday to commemorate the King’s visit
to the Island?
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
An interesting supplemental point.
Sir Timothy Le Cocq(The Bailiff)
I am afraid I do not think reference to the upcoming King’s visit falls within the ambit of the original
question, Deputy. Are you able to reframe the question in some way? No further supplementary?
I do not know the latest figures but a recent estimate suggested that there might have been up to 4,000
people living in Jersey of working age who do not yet have their 5 years qualifications but they are
living here already, they are working here already in some jobs, they just cannot work in all jobs.
Does the Minister think that that is an untapped resource where some of those skills which they
maybe cannot use fully could be applied into the local economy for the Island’s benefit without
necessarily needing to look for yet more workers to come in to do jobs which these people might be
able to do?
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
The question effectively asks for my opinion on this. I personally would like to see a more flexible
system where people can move across jobs but I also appreciate that when it comes to immigration
into the Island we are also under the auspices of the United Kingdom, and there are controls and
regulations which work together and sometimes work against each other. I could not say hand on
heart whether I think it is achievable that we could have a more flexible system or not but it is one
that I personally prefer to see.
Does the Minister agree that the 5-year rule ... in fact, if we talk about immigration these people are
already here, so it is not an immigration mechanism; it has not stopped people coming to the Island,
it simply says which type of jobs they are allowed to work in, that this is a form of red tape, it is a
barrier to business, it is also a barrier to those workers. Does the Minister not agree that that is a
barrier which could easily be removed within our powers and within Jersey’s ambits to do that and
therefore to take down some obvious barriers that do already exist?
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
I am not sure I do agree that it is easy to do that but I will certainly engage with the Minister for
Justice and Home Affairs to understand how easy or not that is.
Sir Timothy Le Cocq(The Bailiff)
Very well, that brings that section of questions with notice to an end.
4.Questions to Ministers without notice - The Minister for Infrastructure
No contributions recorded for this item.
4.1Deputy M.B. Andrews:
Max Andrews(Deputy M.B. Andrews of St. Helier North)
Can I ask the Minister whether he is considering removing the bus stop 3983 in Grands Vaux?
There have been no formal offers made to anybody about the future use of Les Creux. We continue
to look at our options for Les Creux. I sincerely hope that sport continues to be played there.
We have a number of organisations who are existing tenants of the States of Jersey, so Government
of Jersey, and we continue to discuss with those the potential to move.
I am sure the Minister is aware that water polo is being played at Havre des Pas for over 100 years;
in fact, the gov.je. website says: “The pool offers Jersey’s only deepwater pitch for water polo.” A
major challenge for the club is the storage of equipment at the complex. There is a very simple
solution to this issue, yet every suggestion put forward by the club has to date been rejected. Will
the Minister please direct his department to work constructively with the club to ensure the future
success of water polo on this Island?
I did not understand the full history of water polo, and I can confirm that nobody has approached
myself with either of my infrastructure or my sports hats on. If they want to approach me with my
water polo hat on [Laughter] I would be happy to talk to them.
I thank the Minister for his answer; I look forward to seeing the water polo hat. The Water Polo Club
has been asked to sign an event licence to use the public space at Havre des Pas despite being unable
to cordon off the area. Is the Minister aware if the same conditions have been applied to the Jersey
Swimming Club as part of their annual Christmas Day swim or any other pool user groups?
That is a serious question. I am not aware of the requirements of either of those organisations in
particular but if people want to use our facilities the general consensus is they have to sign a user
agreement. That covers us as a property holder but also them as an organisation. I do not know the
specific details but I am happy to get back to the Deputy.
4.4Deputy I. Gardiner:
Inna Gardiner(Deputy I. Gardiner of St. Helier North)
Would the Minister update about the state of the First Tower School playing field?
Yes, I would be happy to confirm to the Deputy that the pre-planning application went in on 4th June
and we expect to hear an answer in around 4 weeks’ time, which is 2nd July. Until last Friday we
had had no reply and the team lead in charge is off this week so I will have an update on Monday.
4.5Deputy H.L. Jeune:
Hilary Jeune(Deputy H. Jeune of St. John, St. Lawrence and Trinity)
Could the Minister give further details regarding the Public Realm Strategy that, according to the
Chief Minister at his Chamber of Commerce speech last week to an answer to a question, is coming
soon, and what role the Minister has in developing this strategy, given that the Chief Minister
mentioned that Deputy Binet is the Minister in charge of delivery?
I thank the Deputy for her question. We are working on a number of areas within the public realm.
We have got a taskforce for implementation that we are looking to set up that will include a number
of Ministers, including myself, including the Constable of St. Helier, Housing, Sustainable Economic
Development. The plan is for us to report to the R.S.G. (Regeneration Steering Group) before the
end of July with the terms of reference for that group.
4.5.1Deputy H.L. Jeune:
Hilary Jeune(Deputy H. Jeune of St. John, St. Lawrence and Trinity)
Just to confirm that the Minister for Health and Social Services does not have a role in this Public
Realm Strategy which goes against what the answer was from the Chief Minister at the commerce
lunch last week.
The Deputy Chief Minister will be involved in those discussions and will be part of that team.
4.6Deputy S.M. Ahier of St. Helier North:
Steve Ahier(Deputy S.M. Ahier of St. Helier North)
In the previous Assembly the Minister in response to an Oral Question on Havre des Pas said: “In
the last 2 years we have had no revenue, we have had no money for utilities and no rental income.”
If the current tenant has not paid any rent, why is he still allowed to remain on the premises?
I thank the Deputy for his question. We continue to be in dialogue with the current tenant and we
hope to be in a position to sign a lease in the very near future. .
4.6.1Deputy S.M. Ahier:
Steve Ahier(Deputy S.M. Ahier of St. Helier North)
Does the Minister think it would be appropriate to put the lease out to tender instead?
My personal preference would obviously be to put the lease out to tender but this Assembly made a
commitment to try and enter into a lease, and we are trying to honour those commitments.
4.7Deputy L.K.F. Stephenson:
Lucy Stephenson(Deputy L.K.F. Stephenson of St. Mary, St. Ouen and St. Peter)
Last June this Assembly approved for the FB Fields enabling law to allow a more flexible approach
to any future use of the site. Can the Minister provide an update to the Assembly on the FB Fields
project and confirm whether or not he plans for any funding to feature in the Government Plan, either
at a feasibility level or a wider level?
I thank the Deputy for her question. I recently met with officers following the first few months of
my tenure within sports, and part of that was around looking at the jigsaw that we have got in terms
of moving parks to create space at the FB so that we can create some better sporting facilities and
leisure facilities at the FB. The reason that we have put a bid in for the Island Games in 2035 is to
allow us time to get the infrastructure that is required to host such an event and that would include
the FB Fields for athletics.
I thank the Deputy for her question. We are currently out in a tender process so I cannot say too
much about the tender process, but I will be attending the Planning Committee - I believe it is on
11th July - where we have plans for La Collette.
The tender process is underway and it would be wrong for me to talk about any particular details. I
believe at this time that is the advice I have been given. I would be more than happy to brief Members
as soon as that tender process has finished.
The R. and O.25/2024 Road Traffic (Speed Limits) (Jersey) Amendment Order 2024 from the Order
Paper for the last sitting shows that speed limits have been amended on 4 streets in St. Brelade, one
in St. Lawrence and 21 areas in St. John where the Minister is Connétable. Can the Minister please
advise how these decisions were made, what was the shortest and longest length of time for the
changes to come in place from the request from residents to enactment for the streets in his Parish,
what were the process steps and if any consultation was needed for any of these changes and with
whom?
I believe that St. John’s specifically has been some 20 years in the making. Certainly my predecessor,
my immediate predecessor, had been working on getting road speeds reduced and I have been trying
tirelessly in the 3 years that I have been in office to get those speed limits changed. One of the things
that I have done since I have become Minister is to look at how we do things and the time it takes,
the length of time we spend in consultation before we enact things, the amount of use we have of
consultants who are based in the U.K. who do not know our local roads. I am really trying hard with
the team to shorten the time it takes to introduce new speed limits where they are very much needed.
We have got the Island policy which says built-up areas should be X and bays should be Y, so we
just need to crack on and do that. I am trying to work my hardest with the team to shorten the time
into months, not years.
Can the Minister please explain the process steps and, in line with this process, can he please update
on the progress of speed limit changes or replacing speed bumps, as our request, in St. Saviour that
myself and quite a few asked for both in writing and in person, together with the related monetary
evidence in the past few years. By when should we expect to have a decision implemented?
There are many roads in many Parishes where we have had requests to reduce speed. As I have just
explained, currently it is a very lengthy process and that does not include funding, which also has to
be taken into account. I hope to make those decisions in months rather than the current phase, which
is years, and when I say “years”, it means multiple years. The Constable of Grouville is nodding in
agreement. Grouville asked for green lanes when the Constable was first elected and they still have
not got them. I think it takes far too long and I am working hard with officers to shorten that time.
4.10Deputy K.L. Moore:
Kristina Moore(Deputy K.L. Moore of St. Mary, St. Ouen and St. Peter)
Could the Minister tell the Assembly how many times he has met with taxi drivers and whether he
has any plans to amend the regulations under which they operate?
I thank the Deputy for her question. I have met with the taxi drivers on 2 occasions. The last was
last Wednesday at St. John Parish Hall. I was delighted to host them. I think that taxi regulation
needs to be simplified. I am also keen to introduce mystery shoppers. When I visit other islands the
taxi drivers are ambassadors and we have got a number of ambassadors driving taxis in Jersey but,
sadly, we have got many who are not ambassadors. I hope that we can increase not only the
experience for those people riding but also for the taxi drivers themselves.
Sir Timothy Le Cocq(The Bailiff)
A supplemental question?
Kristina Moore(Deputy K.L. Moore of St. Mary, St. Ouen and St. Peter)
I have another question, Sir, if I may.
Sir Timothy Le Cocq(The Bailiff)
It should be a supplemental question. Can you make it a supplemental question or shall I call you on
the second question?
Kristina Moore(Deputy K.L. Moore of St. Mary, St. Ouen and St. Peter)
Given the 2 incidents with electric scooters over the last 4 days, can the Minister please provide an
update on what is happening with the Road Traffic Law around e-scooters?
I thank the Deputy for that question. These 2 incidents involve individuals and we wish both a full
and speedy recovery. [Approbation] I was asked a very similar question - I think it was at the last
sitting - by Deputy Ahier. Currently the use of e-scooters remains illegal on public roads, pavements
and in other open public spaces. The only exception is their use on private land with the landowner’s
permission.
[11:30]
Clearly there has been a lot of interest. We have all received correspondence from interested parties.
Some of those people want us to regulate for them, some want to place a ban on them. I have spoken
to a number of Ministers and we are going to place this on a near future Council of Ministers agenda
where we can have a full discussion.
Will the Minister provide an update and further details on the proposed lease of carparking spaces in
the Lempriere Street carpark and the requirement for those?
I took a long time in signing the lease for the Lempriere Car Park. The lease is for pool cars for the
Government of Jersey employees who will be based at the new headquarters and who will need to
move around the Island estate to see people. The reason that I would not sign the lease was because
there was no policy on the use of those pool cars and I would only sign the lease once that policy was
in place. I am pleased to tell Members that policy is now in place.
I will have to get back to Members about the length of the lease. I think it is in the report, so I
apologise for that. We currently have pool cars at places like Highlands College for Education, La
Collette for Property Holdings and a number of other areas around the Island, Maritime House. These
cars will be coming into one place and hopefully will be more efficient using a smaller pool.
Sir, may I say I did put my light on immediately you called for questions earlier. I thought you had
seen me so I turned it off. To the Minister, the former Minister for Infrastructure committed in this
Assembly to maintaining and improving the weed areas on the central reservation on Victoria
5.Questions for Ministers without notice - The Minister for International Development
No contributions recorded for this item.
5.1Deputy H.L. Jeune:
Hilary Jeune(Deputy H. Jeune of St. John, St. Lawrence and Trinity)
Having watched the Minister’s Scrutiny hearing last week, the Minister stated that the Jersey
Overseas Aid Commission is independent from Government. Could the Minister advise what makes
J.O.A.C. (Jersey Overseas Aid Commission) independent from Government while the Minister, who
is also the Assistant Minister for External Relations, is chairing it?
Carolyn Labey(Deputy C. Labey of Grouville and St. Martin)
Thank you for the question. I am Minister for International Development and I also chair Jersey
Overseas Aid, which is made up of 3 independent commissioners and 2 other States Members. All
the decisions that we make on our programmes are taken within the commission. It is in the law an
independent body. That is how it is described. I think it is the only one that the States have like this,
so we are quite unique. I am a Minister and there was a Minister over Jersey Overseas Aid from
2018. This has been hugely beneficial to have input into strategies and to secure budgets and to have
an input around the Council of Ministers table with our important work. I am Assistant Minister for
External Relations with specific duties to carry out and progress on the Island diversity initiatives.
All the portfolios are outward facing.
Deputy C.F. Labey (The Minister for International Development):
No contributions recorded for this item.
5.1.1Deputy H.L. Jeune:
Hilary Jeune(Deputy H. Jeune of St. John, St. Lawrence and Trinity)
Under the Public Finance (Jersey) Law 2019, J.O.A.C. is classified as a specified organisation listed
with Andium, Jersey Post, JT Group, Ports of Jersey and S.o.J.D.C. (States of Jersey Development
Company). Could the Minister explain why there seems to be a difference between J.O.A.C. and
these other specified organisations in terms of governance and accountability? Can the Minister
confirm she is the lead Minister under the Public Finance (Jersey) Law for J.O.A.C.?
Carolyn Labey(Deputy C. Labey of Grouville and St. Martin)
I believe that she is referring to the accountable officers, not the description of the organisation in the
law. For that you would have to go back to 2005 when Jersey Overseas Aid, instead of being a
committee, became a commission when we went into Ministerial Government. We are answerable
to the Chief Minister and the States Assembly.
Can the Minister explain how often in her efforts of promoting the Island identity and finding the
second agenda for the Ministerial work is she meeting with the consul representatives from the other
workers on the Island?
Carolyn Labey(Deputy C. Labey of Grouville and St. Martin)
Yes, I have made contact with the consuls on the Island and I have a meeting coming up in July with
one of them. We plan to have a collective meeting - I have met with others - to share ideas and see
how we can support and facilitate, what information they want and what kind of support they would
like to see. We are there to facilitate them, because obviously they are appointed by their own
countries.
Further to Deputy Jeune’s comment, the Minister said that the Jersey Overseas Aid Commission is
independent but it seems that it is independent just because it says it is independent. Can she explain
how having the Minister as Chair, when the Chair role is not fulfilled in any other relevant similar
organisation by a Minister, guarantees it is independent?
Carolyn Labey(Deputy C. Labey of Grouville and St. Martin)
All the decisions that we make have to be made in the Commission by Commissioners. I cannot
make a decision like other Ministers can without any reference to them for our programmes.
However, when we connect with Government around the Council of Ministers table I can make
decisions as a Minister, for example for our budget, and have input to the Strategic Plan. It is our
development programmes that are completely independent.
It does seem odd that, for example, the Minister for Housing does not chair the board of Andium and
no other Minister chairs one of these boards. Would the Minister be prepared to look at this and
consider ways in which we might strengthen the independence of the Overseas Aid Commission?
Carolyn Labey(Deputy C. Labey of Grouville and St. Martin)
I have no need. I think it works perfectly well as it is. If the Deputy wants to pursue that line, he
can. He can come and speak to us, but we feel that our strength is the Commissioners. It means that
we are arm’s length to Government, therefore we are not politicised with our decisions. We are very,
very happy with the arrangement as is.
5.4Deputy I. Gardiner:
Inna Gardiner(Deputy I. Gardiner of St. Helier North)
As Jersey Overseas Aid provides a lot for African countries, would the Minister advise what
engagement she has with Friends of Africa in Jersey?
Carolyn Labey(Deputy C. Labey of Grouville and St. Martin)
Other than I know they have cultural events over here, my role is Overseas Aid and that is my
engagement with those particular countries. I have in the past had communications with some of the
community who wanted to set up a charity and that sort of thing, but I would not necessarily engage
with that particular group any more than any other group on the Island.
5.4.1Deputy I. Gardiner:
Inna Gardiner(Deputy I. Gardiner of St. Helier North)
I thank the Minister. I am not sure if the Minister is aware that Friends of Africa is a registered
charity and they have raised funds to provide support to the communities within Africa. They do not
have consuls but they are representative of the African community. Would the Minister consider that
Friends of Africa is an important stakeholder that needs to be engaged with going forward as the
Minister engages with consuls?
Carolyn Labey(Deputy C. Labey of Grouville and St. Martin)
We are always more than happy to receive people, to have them in our office to explain what we do.
If they feel that they want to fundraise and do international development projects in Africa, we can
look at ways whereby we could match funds and things like that. We are more than happy to receive
them if that is what they want.
Could the Minister inform Members what attention she has paid to the Copenhagen Consensus which
talks about the most efficient ways of getting help to countries in particular in Africa? How do her
actions on behalf of Overseas Aid contribute to that?
Carolyn Labey(Deputy C. Labey of Grouville and St. Martin)
I am not familiar with that particular work but, as I said in my earlier question when I was answering
about the Lomborg book, we have structured Jersey Overseas Aid to target our aid to be as cost
effective as possible. We have smart investments, which means that we have interventions that can
yield the greatest benefits and we have an evidence-based approach.
Sir Timothy Le Cocq(The Bailiff)
Are there any other questions for this Minister? I close this period of questions. The remaining
questions are for the Chief Minister.
6.Questions for Ministers without notice - The Chief Minister
The Chief Minister is well aware that we are currently in a cost-of-living crisis. Does he consider it
reasonable, therefore, that Jersey Property Holdings are looking to increase the rent charged to the
incumbent tenant of the Havre des Pas Lido by 300 per cent from their initial offer on 3rd April this
year to their latest offer on 13th June this year? I am sure his colleague, the Minister for Housing,
would consider this type of activity by a landlord as a revenge eviction. Will the Chief Minister
intervene in these negotiations so that the future of the Lido and of the incumbent tenant is secured
for the benefit of all those who use this jewel in our national heritage?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
I agree with one aspect of the Deputy’s question. The Lido is an important asset to the Island and
we want to see it being used properly and enjoyed by as many Islanders as possible. I believe the
Minister articulated carefully in an answer to a recent question that they were upholding the wishes
of the Assembly and have worked long and hard to hopefully come to the signing of a new lease that
is acceptable to all parties. I cannot comment on rent increases because I do not know the detail. A
300 per cent increase of a rent sounds a lot but if it is a 300 per cent increase on something that was
very, very low and that brings it into something that is more realistic and sustainable, I think it would
be appropriate, but let us leave it to the Minister and the lessee to hopefully come to a deal so we can
get on and utilise that asset properly.
I am aware that often members of the public find it difficult to get direct access to speak to Ministers
and we are there to deal with that and to speak on behalf of the public. I have been trying to hear
back from a senior planning officer since 3rd June and I have been trying to arrange a meeting with
a senior officer within the Health Department since the middle of April. What is the protocol on the
response to Members from members of the civil service at whatever level but particularly at senior
level?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
I believe the protocol is for members of the public service to respond as quickly as is practicable at
all times, and I know that is encouraged by all Ministers. I am sorry to hear that the Connétable has
had a problem with communications and I know that the Minister and the Assistant Minister are
discerning and would not have been pleased to hear that, so I am sure if she talks to them they will
look to find a solution to that and to ensure it does not happen again. I am disappointed to hear that
and I apologise on behalf of that department that it has happened.
I thank the Chief Minister for his apology. I have spoken to the Ministers to ask that I am contacted.
I am not sure that all Ministers are in the Chamber at the moment. I have not done a headcount of
them. What I would like to ask the Chief Minister is to put this as an agenda item on the Council of
Ministers agenda so that he can express his dissatisfaction to all Ministers and ask that all civil
servants, particularly at senior level, are reminded of this protocol and that they should respond to
States Members in the earliest instance. We should not have to wait for months to hear from them.
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
Yes, I am happy to place it as an item on the Council of Ministers agenda. It is not just
communications by civil servants. It is also we want to make sure as Ministers and States Members
we are on top of it. I would caveat that to say that we do have some very good examples of
communication, which we can use to demonstrate how it should be done.
Thank you to the Chief Minister for that. Given that we have heard by his own admission this
morning that the Minister for Health and Social Services does not have time to read critical reports
into the health service, can he assure us that he has the time to read reports into the health service and
other areas of his responsibility to avoid any perception of solipsism?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
I think it is impossible for Ministers and States Members to read everything. However, it is essential
that we read what is high priority, what is essential and what is urgent. I believe Deputy Binet and
his Assistant Ministers and his team do that. Deputy Binet is incredibly honest, and we see that
honesty coming out sometimes in answers to questions. It is an honesty that some of us might shy
away from but Deputy Binet has always been like that. That is his modus operandi. Some Members
might see it as a weakness; I see it as a strength. I think it is important that when dealing with an
issue such as the health service, no matter how hard it is, no matter how difficult it is to deal with
some of the issues that are being unearthed in the health service, I believe honesty is at the forefront.
I hope that answers the question. I have confidence in the Ministerial Health team.
The Chief Minister today repeated his commitment to openness and transparency. However, the
Radiology Report is apparently not going to be released until after the States has finished sitting. The
mammography information was made public because of enquiries by the J.E.P. The Government
have declined to answer an F.O.I. (Freedom of Information) relating to the report because it is going
to be released in 12 weeks. Information about the rheumatology and Mortality Review has been drip-
fed in answer to questions. Why are the Government not taking a much more proactive approach to
public communication in line with commitments to openness and transparency?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
I think it is difficult in relation to medical reports where patients, members of the public are impacted
upon. Deputy Binet alluded to it in relation to the other issue that has arisen. I understand that, to
the credit of the media, that did not publish until they were aware that all Islanders who had been
affected had been informed. I do not know the exact detail as to why there is a timeline leading up
to the publication of that report but I am sure Deputy Binet is comfortable with that. I would urge,
however, Ministers to be as transparent as possible and to get publications out into the public domain
as soon as practicable and as soon as appropriate, given or depending upon the sensitive nature of the
content.
What I am trying to get at is will the Chief Minister not seize hold of this agenda in line with those
commitments instead of this feeling of grudgingness whenever people are asking questions that relate
to it? I feels like this commitment to openness and transparency is a bit like an ice cube. It is just
melting in the heat of pressure of events.
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
The Deputy has a wonderful way with words. I must remember some of his phrases. I am sorry he
feels like that. We are, I believe, being as open and transparent as we can. That is the way we want
to operate. The Minister for Health and Social Services is keeping me fully abreast of the situation
as it develops and I will continue to work with him, but of course I will have the conversation about
that just once more to make sure that there is no problem. He is indicating to me across the floor, so
there is no problem with that. I will discuss and if it can be released sooner then it will be.
6.5Deputy H.L. Jeune:
Hilary Jeune(Deputy H. Jeune of St. John, St. Lawrence and Trinity)
During the Chamber of Commerce lunch, the Chief Minister answered a question of who would be
entitled to a living wage in Jersey. I may have misunderstood this, so could the Chief Minister
confirm and explain why he answered that the living wage would not be linked to those working in
Jersey on a 6 to 9-month contract?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
I do not recall saying that. Mind you, having said that, I cannot remember what I had for breakfast
so I might just be mistaken.
6.5.1Deputy H.L. Jeune:
Hilary Jeune(Deputy H. Jeune of St. John, St. Lawrence and Trinity)
Can I confirm that the living wage would be for everybody who is working in Jersey on whatever
contract or work permit that they are?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
Yes, that is my understanding of it.
6.6Deputy L.K.F. Stephenson:
Lucy Stephenson(Deputy L.K.F. Stephenson of St. Mary, St. Ouen and St. Peter)
Is there currently any kind of recruitment freeze in place across Government and, if so, what are the
details of that freeze and are any services excluded from it, for example health and education?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
As I understand it, the only restrictions we have in place are on vacancies older than 6 months. If 6
months has gone by and a vacancy has not been filled, then it has to be reapplied for.
6.6.1Deputy L.K.F. Stephenson:
Lucy Stephenson(Deputy L.K.F. Stephenson of St. Mary, St. Ouen and St. Peter)
Again, on areas being protected, how many redundancies are the Government targeting? Is it correct
to say that staff have been warned to expect around 150 and are Health and Education being protected
from that number?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
As I said before, it is inappropriate to comment on exact details of that nature while it is still policy
under development and before staff are notified if there are to be changes in the structure of the public
sector. As I have said previously, we will be examining middle and senior management roles to
ensure we are not top heavy, to ensure that the public sector is appropriately balanced, but we will be
protecting and hopefully enhancing front-line services, that includes health, that includes education,
to make sure we are properly resourced on the areas where arguably it matters most to Islanders.
6.7Deputy S.M. Ahier:
Steve Ahier(Deputy S.M. Ahier of St. Helier North)
The Minister for Housing stated in the last Assembly that he had, as a matter of conscience, not voted
to support any application for high-net-worth individuals to come to Jersey. Does the Chief Minister
believe that these comments may dissuade people from applying for 2(1)(e) status?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
No, I do not, in short. There is no evidence that has happened and applications remain steady.
6.7.1Deputy S.M. Ahier:
Steve Ahier(Deputy S.M. Ahier of St. Helier North)
Has the Chief Minister considered moving the responsibility for authorising high-net-worth
individuals away from the Housing and Work Advisory Group to himself or the Minister for Treasury
and Resources?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
I have a feeling that is managed by a previous States decision but I will check. I am comfortable
with the situation as it stands. I think the process is good and seems to be working well.
Given recent news about the significant challenges faced by one of our local cannabis producers,
could the Chief Minister give his views, please, on the status of the cannabis industry in Jersey?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
I think that is more a question for the Minister for Sustainable Economic Development but it is
something that I was involved in when I was doing that job. The industry is still young and on a
global scale it is a very dynamic situation. There are a lot of developments in different countries. I
hope the industry can continue to build foundations, and I very much hope there is a successful new
industry sector with some longevity here. I think if it does work, notwithstanding the challenges it
faces, I believe it can bring significant economic benefits to the Island.
Given his hopes for the future, what support, if any, is being given to the industry by Government?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
I do not believe any financial support has been given. In fact, in the early stages of setting up or
preparing for an industry it was made clear that there would be no support based on the potential for
it being a very lucrative business. Tax structures were put in place that would benefit the Island
financially. I am not aware of any financial support being lined up for the industry in line as other
agriculturalists would receive, but I do know there is an agricultural loan scheme and I presume that
industry would apply to that, so that could be one avenue open.
6.9Deputy I. Gardiner:
Inna Gardiner(Deputy I. Gardiner of St. Helier North)
The Chief Minister mentioned the important work of the Council of Ministers for higher education
opportunities and to invest in opportunities for students to return back to the Island, which is really
welcome. Would the Chief Minister share his views on vocational training and apprenticeships?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
I would need to have a conversation with the Minister for Education and Lifelong Learning so I can
properly articulate my views on that. To be honest, it is something I have not given a great deal of
thought to of late due to other commitments but I know it is something the Minister for Education
and Lifelong Learning is attuned to. I am sure at a forthcoming debate we can develop our position
on that.
Inna Gardiner(Deputy I. Gardiner of St. Helier North)
Sir, I asked the Chief Minister’s position on support for vocational education and apprenticeships,
not the Minister for Education and Lifelong Learning.
Sir Timothy Le Cocq(The Bailiff)
I thought the Chief Minister answered that he would wish to confer with that Minister before he
would answer that question. If he is able to answer in any more detail ...
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
No, Sir, that is correct. Out of respect for the Minister for Education and Lifelong Learning’s position
on this, I would like to have discussions with him in order that we can present a shared view on it.
6.9.1Deputy I. Gardiner:
Inna Gardiner(Deputy I. Gardiner of St. Helier North)
Would the Chief Minister consider investment in vocational education and training important for the
Island’s economy?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
I do insofar as it is one of our key priorities, especially as we have identified that the biggest challenge
this Island is facing is the working age population, the reducing fertility rate, reduction in births and
the fact that due to the high cost of living, the cost of buying a home, young people are not only
leaving to go to university, they are not coming back. One of the ways we can help to address that
is by making sure we supply the right further education and vocational training to retain young people
and make it more attractive for them to come back to their Island.
Will the Chief Minister advise what delays, if any, there are in the move of the public service to the
new office accommodation.? If so, what has been the cause of these?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
I am not aware of any delays to date and I expect the handover to be in September, with the move to
be complete by the end of the year with the new offices opening in early January.
[12:00]
6.11Deputy B.B. de S.DV.M. Porée:
Beatriz Porée(Deputy B.B. de S.DV.M. Por�e of St. Helier South)
Would the Chief Minister, in his capacity as Chair of the States Employment Board, advise whether
the value of the public services are applicable to all employees?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
Of course and I know I speak for my colleagues, we value the contribution of all employees right
across the public sector and civil service.
6.11.1Deputy B.B. de S.DV.M. Porée:
Beatriz Porée(Deputy B.B. de S.DV.M. Por�e of St. Helier South)
Could he advise whether there is a requirement for all public-facing staff to wear an identification
badge that is visible to the public and whether a member of the public can request to see such an
identification, such as the name of the employee?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
I am sorry, I do not know but I will find out and get back to the Deputy.
Given the serious nature of the reports in the Health Department recently, has the Chief Minister met
with the Minister for Health and Social Services to discuss any of these findings and how services
can be improved for all Islanders?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
Yes, we have had discussions on this and I have asked to be kept informed of developments. It was
truly disappointing and I join the department in adding my apologies to those impacted by the latest
circumstances. I would also like to provide some reassurance to Members and Islanders that it is
taken with the utmost seriousness and we now have a fully functioning Health Board, we have an
improved management structure. We have a policy, not only a policy but I, as Chief Minister, and
other Ministers actively encourage members of staff and the public and patients to come forward
with any concerns that they have because that is one of the key ways we are going to uncover any
other shortcomings. I know the Minister for Health and Social Services and his team are committed
to doing that and, quite honestly, the department and the Minister have said we could find more
problems. Once again I encourage people to come forward and share those with us.
I thank the Chief Minister for taking this seriously. Is he able to give us any details of what was on
the action plan? Furthermore, is he able to give any details of any emergency Board meetings that
may have been held recently?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
Not at this stage because I still have to be fully briefed on certain aspects of what has happened, but
I am happy to take questions in the future or even meet with Members and the Minister for Health
and Social Services if there are any concerns they want to go into in more detail.
Sir Timothy Le Cocq(The Bailiff)
There is about half a minute left. Deputy Renouf, can you be that fast?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
The Regeneration Steering Group take responsibility for that in the first instance and they are putting
together, shall we call it, a committee or a subcommittee or panel to focus on a new approach to some
areas of that.
Sir Timothy Le Cocq(The Bailiff)
That brings the question time for the Chief Minister to an end and the end of Question Time generally.
There is nothing under J and K.
PUBLIC BUSINESS
Sir Timothy Le Cocq(The Bailiff)
Before we start Public Business proper, there are 2 matters to be addressed by the Assembly. The
first is, Chief Minister, in relation to P.42, the Draft Public Holidays and Bank Holidays (Royal Visit)
(Jersey) Amendment Act, I understand you would wish to ask this item to be taken as the first item
of Public Business. Is that correct?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
It is not, Sir. I am sorry if you have been misinformed. We did think about that last week but then I
remembered that we would give way to Deputy Le Hegarat’s request. The rationale behind that was
we want to give as much notice as possible but I am quite happy to leave it in the current order on
the Order Paper.
PUBLIC BUSINESS
No contributions recorded for this item.
7.Reduction of Lodging Period
No contributions recorded for this item.
7.1Deputy M.R. Le Hegarat of St. Helier North (The Minister for Justice and Home Affairs):
Yes, Sir, I would. These Regulations amend an Article in the Mental Health (Jersey) Law where
there is a gap. The Article enables the Royal Court to make a Transfer Order where a person is a
prisoner or young people serving a sentence of youth detention requires urgent mental health care or
treatment and needs to be transferred to a hospital or mental health facility to receive that care.
Currently this is not possible if a young person is serving a sentence of youth detention and is held
in secure accommodation. Secure accommodation is currently the most widely used setting in which
young people serve their detention. I am seeking a reduced lodging period so that these regulations
can be debated today and, if approved, they would come into force within 7 days, otherwise the
regulations would need to wait until September to be debated. This is an agreed pragmatic solution
in response to concerns that exist regarding the situation today, hence why I am seeking a reduced
lodging period. This amendment is necessary to correct a known oversight in the law. It will enable
some of our most vulnerable young people to access timely mental health care in a hospital or mental
health facility. These are urgent interim Regulations that are required in the short term before primary
law amendments will be brought to the Assembly as part of the tranche 2 amendments to the Mental
Health (Jersey) Law as part of the ongoing review of the Mental Health (Jersey) Law and the capacity
and self-determination. I have emailed Members and I have also asked if they would consider
allowing me, under Standing Order 31, to take this as the first part of the business as I have a
commitment in the latter part of the week that has been in my diary for 5 years and I wanted to ensure
that this matter was dealt with.
Sir Timothy Le Cocq(The Bailiff)
Thank you very much. The proposition is to enable this piece of draft legislation to be dealt with at
the current sitting. Is that proposition seconded? [Seconded] Does any Member wish to speak on
the proposition. If no Member wishes to speak, then I close the debate. Those in favour of adopting
the proposition kindly show. Those against? I am assuming that is that we can take the proposition
within this sitting and as the first item of business. Very well.
8.Draft Mental Health (Young Offenders) Law (Jersey) Amendment Regulations 202- (P.40/2024)
I thank the Assembly for allowing me to take this at this time. Article 69 of the Mental Health
(Jersey) Law 2016 currently permits the movement of a prisoner to an approved establishment, which
is a facility approved by the Minister for Health and Social Services to provide mental health care
and treatment. In late 2023, during the process to acquire a transfer order for a young person, a gap
in the provision was exposed for the first time. As drafted, Article 69 does not apply to young people
serving a sentence of youth detention who are held in secure accommodation. The Article does,
however, apply if the same young person were to serve a sentence of youth detention in a young
offenders institution. These regulations have been developed at speed in order to fill that gap. These
regulations are necessary and are a pragmatic solution to amend the law quickly so that for the first
time a young person held in secure accommodation can be transferred by order of the Royal Court at
speed where it is necessary for them to receive specialist care and treatment. It is agreed by all
stakeholders that these regulations significantly improve the current legislative position and fulfil the
original policy intention behind this part of the Mental Health Law. It has been decided to make
these changes under consequential regulation-making power in the Criminal Justice (Young
Offenders) (Jersey) Law 2014 to implement these changes quickly. To make this change by primary
law would take far, far longer, especially now in the U.K. general election period that will impact on
the timescale for Privy Council approval. The Children’s Commissioner was consulted as part of the
process of bringing these regulations before the Assembly. During that constructive consultation the
commissioner was concerned that these should represent an interim position only. The Government
have undertaken to both the commissioner and the Children, Education and Home Affairs Scrutiny
Panel that these will indeed be interim, short-term measures only. It is regrettable that this was not
stated for clarity in the report accompanying the draft regulations. For the avoidance of doubt, I
would like to place on record to the States Assembly that the Minister for Health and Social Services
and I share the concerns raised by the commissioner. Therefore, it was agreed during the consultation
with the commissioner that these regulations would proceed on the basis that further work to address
children’s rights concerns would be included as part of the tranche 2 legislative amendment being
developed to amend the Mental Health Law. Those primary law amendments will have the vires to
amend Article 69 to address the concerns raised by the commissioner whereas these regulations do
not. It is also agreed that the code of practice that sits under the Mental Health Law should be
amended alongside the primary law amendments as a result of these regulations. The Children,
Education and Home Affairs Scrutiny Panel were briefed prior to the regulations being lodged and
were made aware of the commissioner’s concerns and of our agreement that the regulations would
provide an interim position, albeit one that is much better than the current position. The panel was
also made aware that further amendments to Article 69 of the Mental Health Law would follow as
part of the ongoing amendments to the Mental Health Law. This was followed up with a sharing of
the correspondence with the panel that detailed the Commissioner’s concerns in full and the agreed
way forward. I would like to place on record that the panel worked at speed to enable this legislation
to be scrutinised. These changes are necessary to ensure some of our most vulnerable children can
receive mental health care and treatment in a hospital if it is necessary. They also enable them to be
transferred to an approved establishment in the U.K. if that is what is required to provide the most
appropriate type of care. This transfer is not possible currently.
Sir Timothy Le Cocq(The Bailiff)
Are the principles seconded? [Seconded] Does any Member wish to speak on the principles? If no
Member wishes to speak, I close the debate and all Members in favour of adopting the principles
kindly show. Those against? The principles are adopted. Does the chair of the Children, Education
and Home Affairs Scrutiny Panel wish to scrutinise this matter?
Scrutiny Panel)
No, thank you, Sir.
Sir Timothy Le Cocq(The Bailiff)
Thank you very much indeed. How do you wish to deal with the matters in Second Reading,
Minister?
Sir, I would like to take them en bloc if I can, please.
Sir Timothy Le Cocq(The Bailiff)
You propose them en bloc. Are they seconded? [Seconded] Does any Member wish to speak on
the Articles or any of them? Those in favour of adopting in Second Reading kindly show. Those
against? The Articles are adopted in Second Reading. Do you propose them in Third Reading?
Yes, please, Sir, and I would like the appel, please.
Sir Timothy Le Cocq(The Bailiff)
Very well. Is it seconded for Third Reading? [Seconded] Does any Member wish to speak in Third
Reading? If no Member wishes to speak in Third Reading, then I close the debate. The appel is
called for. I invite Members to return to their seats. The vote is on the adoption of the draft
regulations in Third Reading and I ask the Greffier to open the voting. If Members have had the
opportunity of casting their vote, then I ask the Greffier to close the voting. The regulations have
been adopted in Third Reading.
POUR: 41 CONTRE: 0ABSTAIN: 0
Connétable of St. Helier
Connétable of St. Lawrence
Connétable of St. Brelade
Connétable of St. Peter
Connétable of St. Martin
Connétable of St. John
Connétable of Grouville
Connétable of St. Ouen
Connétable of St. Mary
Connétable of St. Saviour
Deputy G.P. Southern
Deputy C.F. Labey
Deputy M. Tadier
Deputy L.M.C. Doublet
Deputy K.F. Morel
Deputy M.R. Le Hegarat
Deputy S.M. Ahier
Deputy R.J. Ward
Deputy C.S. Alves
Deputy I. Gardiner
Deputy I.J. Gorst
Deputy L.J. Farnham
Deputy K.L. Moore
Deputy S.Y. Mézec
Deputy T.A. Coles
Deputy B.B.de S.V.M. Porée
Deputy D.J. Warr
Deputy H.M. Miles
Deputy M.R. Scott
Deputy J. Renouf
Deputy C.D. Curtis
Deputy L.V. Feltham
Deputy H.L. Jeune
Deputy M.E. Millar
Deputy M.R. Ferey
Deputy R.S. Kovacs
Deputy A.F. Curtis
Deputy B. Ward
Deputy K.M. Wilson
Deputy L.K.F. Stephenson
Deputy M.B. Andrews
9.Draft Public Holidays and Bank Holidays (Royal Visit) (Jersey) Amendment Act 202- (P.42/2024)
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
Like so many Islanders and Members of the Assembly, I was delighted to learn Their Majesties, King
Charles III and Queen Camilla, plan to visit the Island next month. Jersey is a Crown Dependency
and our centuries-old relationship is not with the U.K. Parliament but with the Crown and we have a
long tradition of warmly welcoming monarchs to our Island. Queen Victoria and Prince Albert
visited in 1846, King George V in 1921, King George VI and Queen Elizabeth the Queen Mother in
1945 following the Occupation, and the late Queen Elizabeth II and Prince Philip visited 6 times
across her long reign. Each of those visits coincided with significant public celebration. The last
time that a King Charles was in Jersey was in 1649 when the Island sheltered King Charles II before
his return to England to reclaim the throne. I might point out that we recognised him as king when
England and a certain other Island nearby were supporting Parliament. He never forgot his time in
Jersey and for our loyalty and hospitality he granted that mace to your predecessor. Not your
immediate predecessor, Sir, I may add [Laughter] but I think the one in 1663 when it was presented
as a symbol of our special relationship. King Charles III also spent time in the Island as a young
student. In 1968 he was part of the team that undertook the archaeological dig at La Cotte in St.
Brelade. I believe it is absolutely right that we give Islanders the opportunity to celebrate this royal
visit with the same vigour and the same freedom as we have done in the past. While I do completely
understand there is an economic impact and a cost, which has been set out in the report attached to
the proposition, and I do know that it is difficult to give much more notice in these circumstances
because royal visits of this nature are normally announced at relatively short notice for obvious
reasons, but I do believe that notwithstanding that, the benefits to our Island will shine forth on that
particular day. Having a holiday on Monday the 15th will allow Islanders who would not have
otherwise been able to celebrate to take part in the festivities with their families, and this includes
many retail and office workers and schoolchildren. Some schoolchildren will be starting their
summer holidays at this period and for a great many children it will be their first chance to see and
enjoy the royal visit of Their Majesties. I am also, ever the optimist, hopeful that even rarer than
monarchs visiting the Island, is England winning a major sporting football competition, but it just so
happens that the final of the European Championship will be on the Sunday night, so you never know.
With that in mind, I hope Members will support the proposition and allow our community to celebrate
the visit of Their Majesties next month.
Sir Timothy Le Cocq(The Bailiff)
Is the proposition seconded? [Seconded] Does any Member wish to speak on the proposition?
I have just been advised I may have to declare an interest here because I am obviously a business
owner of a hospitality business, so obviously if Members bear that in mind. I appreciate that what I
am about to say will cut little ice when it comes to the outcome of this debate. However, I feel it is
really important that the voice of business, and in particular small local businesses, is heard within
this Assembly. In fact, it is one of the reasons I stood for election. Too many Members in this
Assembly cannot even begin to relate to the economic challenges small businesses face in today’s
climate. So many things we do in this Assembly for the most vulnerable in our community are paid
for by business through their economic activity. Government simply allocates the revenue it receives.
Thus when we ask businesses to close down for a day over and above those already allocated as bank
holidays with virtually no ability to plan, we immediately place a significant additional, unbudgeted
cost burden on our local businesses. I have been approached by many local businesses who feel that
this Assembly is simply not listening to them. There is lots of talk about supporting our local
economy but when push comes to shove we do not walk the talk. While the cost to my business will
be in the thousands, the cost to the economy in lost productivity and economic activity could be as
much as £15 million. Some businesses will benefit but the net effect on our economy is negative.
So who is expected to pick up the tab? Small businesses: small local businesses who have already
seen 5 bank holidays in the last couple of months, small local businesses who had to shut down
because of Storm Ciarán, small local businesses who are still recovering from the shadow of COVID.
There will be no social security holiday, the landlord will not stop charging rent for the day, I.T.I.S.
(Income Tax Instalment System) will still be due. Surely rather than declare a public holiday, we
should be saying to businesses that they give priority to those members of staff who would like to
take a day’s holiday from their annual allocation. That then enables those who wish to attend the
visit of His Majesty and Queen Camilla to attend while the detrimental impact on small local
businesses is minimised. While I am a huge supporter of the royal family, I am also a supporter of
small local businesses and I am sure as a business owner himself His Majesty would understand the
stance I am taking. I will be voting against the proposition for the reasons I have expressed in my
speech.
I will also declare that I am a business owner who has an employee on payroll. I want to start by
saying I completely agree with the Chief Minister’s speech about the excitement and recognition of
the relationships this Island has. I think Members who saw the seating outside the States Assembly
and Royal Court only yesterday as they practised will already be excited to see people gather together
on such a day, and we heard how many seats will be there and how many people will be there sharing
in that moment. There is never a good time to discuss the scheduling of extraordinary public holidays
because they are often either very emotive or close touch subjects, but I think sometimes we do have
to talk about them or at least we have to start the conversation somewhere, so I am going to start it
slightly today. Each time we do have this debate - and we have had this as an Assembly since 2022
multiple times - members of the public do raise questions. They raise questions about the impact on
childcare, health services. They raise impacts about the value of it, the relevance of it. So I am
undecided how I will vote so far but I would like it if the Chief Minister in his summing up could
provide as many answers to some questions that I will go through now to help us make an informed
debate. If we do not start now collecting more data about the purposes and the value of a public
holiday we schedule, we risk devaluing the ones we do schedule. For that reason, the questions that
come to my mind are: what are the impacts on zero-hours workers? Do we expect they will be
compensated for these days or has the consultation with the business community taken place to work
out whether they will simply not be granted for days that appear on a public holiday such as the one
proposed? What proportion of workers will be expected to work nonetheless and offered a day in
lieu or otherwise? In essence, they will not get to take part regardless of that because they may be in
hospitality, retail, agriculture.
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
I might just ask the Deputy to speak a little bit slower so I can write down his questions.
Of course, yes, I will go slower. I thought we were going for a quick debate. That one was about
the proportion of people who can take part in the day or even take the scheduled day off. What
proportion of the working population will be given that day off or will claim it as a day in lieu or
extra payment? I mentioned the retail, hospitality and agricultural sectors as those most likely to
have to work it nonetheless. What proportion of those who do not attend school or work that day,
those who benefit from the day, will meet or engage in the activities associated with the holiday, in
this case the exciting experience of seeing the royals in the Square or down at Liberation Square or
the Weighbridge? What should be considered appropriate notice of time for a public holiday? What
data collection and evidence gathering will go on during the day to inform the next debate we have
so we do not have to rehearse the same arguments each time? With that, I do remain undecided. I
would like Members to speak on this topic. I am looking forward to the day. I am hoping we will
have some wonderful weather and it will be a jubilant day, but so far the report does not contain
enough to tell Members they are making evidenced and informed decisions. I hope the Chief Minister
can address that in his summing up.
I admire Deputy Warr for standing up and making the speech that he did, even if he is going to be an
outlier in the way he votes perhaps in this particular debate. The first thing to say is I do have an
interest to declare because I love a good bank holiday [Laughter] and I do not care how much they
cost. I say that slightly tongue in cheek because there are wider benefits to having a bank holiday
and I will get on to why I think that this, on balance, is not just a good idea but a very good idea for
Jersey and why we should all support it. But he is right to point out the fact that depending on what
kind of bank holiday it is, you do get a mixed response. If you were to propose something that on
the surface looked like it might have a whiff of a socialist bank holiday because it commemorated a
small revolution but a significant one that took place in Jersey’s history, you would get comments
issued saying the following: “It is difficult to reach a definitive figure for overall impact potentially
incurred across the community of a bank holiday. While an extra holiday might shift the timing of
some sale and expenditure, in some sectors a missed day cannot be made up for again. A café that
relies on lunchtime trade from employees in the office complex next door will lose a day’s trade that
cannot be recouped. The Jersey Chamber of Commerce is particularly concerned about the effects
on small businesses and those experiencing difficulties. It is estimated that each extra day could cost
the economy up to £10 million in lost wages and productivity based on the average G.V.A. (gross
value added) per working day minus property rental. It is also estimated by government economists
that in the worst-case scenario a bank holiday could cost £18 million, which would equate to a day’s
economic activity being lost.” But the difference there is that is to do with the Corn Riots. We have
a very different type of bank holiday coming up. It is a royal bank holiday, and of course we know
that economics behaves differently when it is a royal visit rather than when it is just an ordinary bank
holiday, albeit one with lots of notice periods, when I proposed it, which did succeed incidentally. It
was a one-off bank holiday, as is being proposed here. I am often reminded that sometimes we tell
ourselves simplified stories - and it will be relevant, I think, at the end of my speech as to why I am
alluding to this - because sometimes historical stories are much easier to tell when they are simplified,
but you also lose a lot of colour in that and a lot of nuance. I am reminded when I speak to tourists,
as I do sometimes, that the date that we are given, for example, as being very significant is 1204,
when King John sans Terre or Lackland lost the territories in France and therefore Jersey had to make
a choice, and it chose to be loyal to the English Crown. Therefore Jersey became a possession of the
English Crown, although not a possession of England. It is the story that we like to reinforce by
retelling that. I am reminded every time I go to Charing Cross in St. Helier, which I walk past often
- I am sure other Members do - and we see that beautiful toad, our Jersey toad, Le Crapaud, which
stands on the plinth, which also reminds us of the Code Le Geyt, where the laws were codified by
one of your predecessors, Le Geyt in 1693, I think it was, who decided that it is really important that
we have these laws. That if you can get some quite gruesome consequences for your actions, you
should at least know what they are before you potentially commit those offences. It is a beautiful
memorial which will celebrate its 20th anniversary this year in 2024. But we actually look into
history and we realise that it is much more nuanced because what local noble families did, and it was
by no means all of the population who had to make this choice of whether they remained loyal to one
side or the other, is that they would often look at where they had the most territory. If you had a
small plot of land in Jersey but you actually had a big lucrative estate somewhere in Normandy, you
might say: “My loyalty is with the Duke of Normandy still. What I am going to do is give that piece
of land to one of my sons and give the other piece of land to my local son.” So you did have divided
loyalties. Something interesting that happened is that the King sent over the monk Eustace to Jersey
to kidnap certain noble families and take them over. Where did he take them? To Sark of all places,
to make sure that they ultimately remained loyal to the King of England, not to the Duke of
Normandy, which of course, Jersey was no longer part of Normandy after that point.
[12:30]
It is a much more colourful story where some of the locals had to be coerced into finally, perhaps,
paying loyalty to the monarchy in England and gradually forget their loyalty to the Dukes. But they
of course did have the best of both worlds. Jersey and Norman culture was allowed to prevail for
many centuries. We still know that we have got the best of both worlds in many ways when it comes
to our Norman and to our British connection. I say that, and again it will become relevant why I
mentioned Sark, because Sark and Guernsey have all had different histories in this. What I would
say is that I am not necessarily the most immediately well-known for my pro-monarchy stanza. I
tend to keep those matters private. But what I would say is that we know that the monarchy
throughout the centuries, and certainly today, works very hard and they are cherished by so many in
our local community as well. I see this in many ways as a practical solution to this event that is
coming up on 15th July. It is not just going to be important for us now, it is going to be the stuff of
history being made. We know that when the first visits of a ruling monarch came with Queen Victoria
in the mid-1800s, which was linked to the opening of our harbours or new parts of our harbours, that
was welcomed by so many Islanders. It is in the history books again when we had the visits of
George V and Queen Mary in the early part of the 1900s. That is when a lot of our Parish symbols
were created for the first time. They did not necessarily exist before, and so there is a great tradition
that happens when we remember that. I think new traditions will also be formed with this visit. There
is a risk that if we did not have a bank holiday, it just becomes another elitist jamboree, if I can call
it that, where we can go to it, that is fine. The Royal Court can go to it. If you are lucky enough to
work for yourself and take a day off, or if you are well positioned and you have got an invite, you
can come along to it. But what do you do if you are an “ordinary worker”. There is no obligation to
attend this, of course, but it does mean that school children, teachers, anybody who lives and works
in Jersey, ordinarily can come and be part of this very historic event and see history being made.
Also, I think what is a good bit of soft patriotism for Jersey to show what it does very best, which is
welcome people and welcome them very well. I would suggest that it would also be great exposure
for Jersey because there will be immediate coverage of this in the national media and people might
think: “Actually we went to Jersey once in the 1970s when we got married. Why do we not go back
there? They have just had a royal visit.” I suspect some people will also have heard of this and be
planning their trips to Jersey specifically to coincide with the royal visit. They may not be able to
buy their coffee in a particular shop anywhere in Jersey or have their lunch in a shop which is shut
or go to a specific shop which is shut, but the day before and the day after they can, because they are
probably not going to be staying for just one day. That is before we get into what the longer-term
impact on Jersey might be. I would also say that it is a bank holiday for everybody. If you do not
want to go and welcome the King and Queen visiting Jersey, if you check the Manche Iles Express
website, there does happen to be a trip to Sark on that day. I think it leaves at 9:00 and comes back
at 5:00 p.m. I am not suggesting that anyone does that, of course, because there is a risk that you
might actually be kidnapped and remain there if you are not an outright loyalist to the monarch. I
would say that if you do risk going to Sark on Monday, 15th July, just make sure that you can come
back.
I put my light on to speak following Deputy Warr’s speech because I was a little bit alarmed that the
debate might go against the public holiday, but my sense is that the mood is perhaps the other way,
following Deputy Tadier’s speech. I wanted just to briefly echo actually some of the things that
Deputy Tadier said about the morale of the Island. I think we cannot forget that times have been
really very hard recently for Islanders and having a bank holiday will go a long way towards, possibly
only briefly, boosting some of that community spirit. Celebrating is something in terms of our
humanity. It is something that is really, really important to do together as a community. I hope that
Islanders will take that opportunity to come together if we do approve this bank holiday. I did look
quickly at some of the research on the impacts on the economy. We must not assume that the impacts
are negative because there is research that states that productivity actually increases immediately
following a bank holiday. This brought to mind the trials that have been happening in many
jurisdictions around the 4-day work week because, of course, when we have a Monday bank holiday,
that is essentially a 4-day work week. I think that companies could take this opportunity to reflect
on whether that is something that they could perhaps trial further beyond a bank holiday with their
companies, because it is something I very much think would improve productivity and morale across
the Island.
9.1.5Deputy K.F. Morel:
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
I would like to thank everyone so far who has commented. It has been really interesting and I do not
think, listening to Deputy Doublet, in my mind it was ever in doubt which way the vote on this is
going to go, despite Deputy Warr’s intervention. But I rise really to acknowledge Deputy Warr’s
speech. I think it was an excellent speech and he touched on many of the matters that came to my
mind when this was being proposed around the Council of Minister’s table. While I agree also with
Deputy Tadier, in that this is an important historical event. I do think we should have a public holiday
for this. I do think it is important. What I do also believe though is that it is not the case when public
holidays are being proposed before the Assembly that there is any element of economic analysis
provided. I believe the reason such a long economically-focused comment had been provided for
Deputy Tadier’s proposition for the Corn Riots public holding was probably because there was a lot
of time in which to do it. Whereas in this case we have got the matter of days between the lodging
and the proposition being debated. You do not have time for comments and such things. Had there
been time, it was my intention to speak to the Greffe to see if there was some way of, in future Public
Holiday Acts, of requiring the inclusion of an economic analysis, because I think it is important. The
sums that we have heard, we do not know if they are right or wrong. They are approximations. I
have heard £80 million lost to the economy, £50 million lost to the economy. These are significant
sums. On top of that, public holidays, although I appreciate in the case of this one because it is the
last day of the school term, this is probably being mitigated naturally. But they do cause childcare
issues as well. When members of the public - parents - were expecting their children to be at school,
suddenly their children are not at school but maybe they still have to work. It does cause also those
childcare problems. That said, there is no question in my mind, I think, this may be one of the only
visits to the Island, possibly the only visit to the Island, that the King chooses to make. I think
therefore giving as many people as possible the opportunity to celebrate that and to enjoy that in
whichever way, whether that enjoyment means a picnic on the beach or whether it means coming to
the Royal Square, I think it is entirely up to Islanders to decide how they wish to commemorate it. I
think that Deputy Doublet can rest assured that I think the Assembly is going to go in one direction,
regardless of Deputy Warr’s choice of voting. But the points that Deputy Warr made were really
important points, ones that I encourage the Assembly to think of when we have future public holiday
propositions.
9.1.6The Connétable of St. Brelade:
Mike Jackson(ConneÌtable M.K. Jackson of St. Brelade)
I first of all declare an interest as a small business owner. Deputy Warr’s comments are pertinent.
There is no question about that. There will be significant cost to businesses throughout the Island, a
point made by others. As a result of a meeting held of the Comité des Connétables last Monday, it
was agreed among us that we would support the concept of the bank holiday but with the full
knowledge that the agricultural industry will be significantly affected. They are in a position where
they cannot stop what they are doing . Things continue to grow, shipping continues to take place and
there will be accommodation being needed to be made for those particular areas. I would also just
expand on the costs, shall we say, which are probably fairly easily identifiable in terms of ... to a
certain extent, as the Minister just said, because we know how much the cost of staffing is going to
be for a particular day. Always difficult to quantify what a loss of business might be versus, on the
other hand, the cost benefits. That is something which is really difficult to establish. It is pretty clear
that there will be cost benefits. Will those outweigh the costs? Difficult to say. I do not think
anybody, despite any exercise that might be taken, as the Minister said, before any future debate is
really going to be terribly accurate. We could identify from various businesses what they think. It
might be a bit subjective, but we might get some information coming from that. I think the risk some
Members, particularly Deputy Warr, may be taking on, shall we say, a Cromwellian approach and
there will always be a difference in opinion. But as a royalist Island, I feel I have to back the
proposition.
I only wish to add to what has already been said, that contrary to what might be suggested among the
public, that the Council of Ministers have considered very hard not just the economic costs and the
cost of business, but we should acknowledge that there can be a human cost to this; that there will be
cancelled operations. We have been mindful of this. We also have been mindful of many other
considerations, which include the optics of actually not having this bank holiday. I will be supporting
this proposition, but it has been in some ways a difficult one in terms of considering some of the
people who are going to have to bear the cost of this as well as Government.
9.1.8Deputy R.J. Ward of St. Helier Central:
Robert Ward(Deputy R.J. Ward of St. Helier Central)
I just wanted to say a couple things. We mentioned about schools being off. I know schools do have
the day off and children do have the day off. I know a number of schools where actually teachers are
arranging trips for children during their time off so that they can ensure that a number of their students
have access to the day to go and line the route and so on. They do not have to do that, but it is another
example of our teaching profession going above and beyond the cause. I think that needs to be
pointed out, just like so many who will not be able to. So I did assume a little too much regards this
visit, because I have recently been invited to the Monarch’s garden I thought he might come and visit
mine. I was a little worried, because I would have to cut the grass, but I do not think that is happening
now. So, I would support this. I would support it for all the reasons that are given. I think we do
need to remember that some people will be working on that day, healthcare workers. But before we
make blanket assumptions about members of staff, I think so many of our workforce go above and
beyond in ways that we do not see in our public services and I think we need to recognise that. It is
a shame that all the coffee shops will not be open. Although, with my Party membership, I am not
entirely sure I get service in some of them. But there we go.
Sir Timothy Le Cocq(The Bailiff)
Thank you, Deputy. Does any other Member wish to speak on the proposition? If no other Member
wishes to speak, I close the debate and call upon the Chief Minister to respond.
9.1.9Deputy L.J. Farnham:
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
It was becoming a long morning, but we are going to finish right on time and can I thank everybody
for speaking in that, and echo the views. No matter how unpopular one might conceive one seems
to be, it is important that we can speak in this Assembly without fear of retribution even when we are
discussing a royal matter. Deputy Curtis asked me to answer a couple of questions. I will try, in the
interest of expediting this, and group the question about the impact on people’s zero-hours contracts
and the proportion of people impacted and pay protection, for example. It is worth mentioning that
if members of the public do not work on a bank holiday, they are pay protected and people that do
work or have to work or are asked to work receive enhanced pay rate. The employment laws there
are to provide a cover. So hopefully we will not see anybody losing out financially. Notwithstanding
that, I recognise that it is going to be different for some of the businesses. But of course, when
discussing with the economic adviser, it is very difficult to put a cost on it. It depends on the time of
year, the occasion, the weather. You do not know what the day is going to be like, what it is for.
Obviously, if you are in the height of the summer there is potentially more impact than something in
the middle of winter. But the biggest change is on productivity - it has been mentioned by a couple
of Members - but usually in circumstances the Island will still generate the same output over the
period of the year, but it will just be moved around.
[12:45]
I know a number of people, including many friends and family, who will say: “Well, I have been
looking forward to the day off work, but we are going to have to catch up when we get back.” So
the overall impact on the Island over a period of time is limited. I particularly enjoyed the
contribution from a number of this ... we are a royalist Island and I was just hoping that the comment
Deputy Tadier read out was not one of mine from the previous life. But I do not think it was. It
might have been. Can I just thank everybody for speaking and say well done to those who were
brave enough to speak out and exercise their views? Can I just take a moment to welcome and
recognise the perseverance of Deputy Millar’s mother, who has been in the Assembly and the
spectators’ gallery all morning without flinching? On a final note, there is one perhaps absolutely
unavoidable reason why we need to have a bank holiday and that is because Guernsey has already
declared theirs. Thank you very much.
Sir Timothy Le Cocq(The Bailiff)
Generally, that is not ...
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
I call for the appel, please.
Sir Timothy Le Cocq(The Bailiff)
Yes. Generally, that is not the best debating point, but there we are. The appel is called for. I invite
Members to return to their seats. The vote is on whether or not we have a bank holiday on the day
of the royal visit. I ask the Greffier to open the voting and Members to vote. If Members have had
the opportunity of casting their vote, then I ask the Greffier to close the voting. The proposition has
been adopted.
POUR: 36 CONTRE: 3ABSTAIN: 0
Connétable of St. Lawrence Deputy K.L. Moore
Connétable of St. Brelade Deputy D.J. Warr
Connétable of St. Peter Deputy M.B. Andrews
Connétable of St. John
Connétable of Grouville
Connétable of St. Ouen
Connétable of St. Mary
Connétable of St. Saviour
Deputy G.P. Southern
Deputy C.F. Labey
Deputy M. Tadier
Deputy L.M.C. Doublet
Deputy K.F. Morel
Deputy M.R. Le Hegarat
Deputy S.M. Ahier
Deputy R.J. Ward
Deputy C.S. Alves
Deputy I. Gardiner
Deputy I.J. Gorst
Deputy L.J. Farnham
Deputy S.Y. Mézec
Deputy T.A. Coles
Deputy B.B.de S.V.M. Porée
Deputy H.M. Miles
Deputy M.R. Scott
Deputy J. Renouf
Deputy C.D. Curtis
Deputy L.V. Feltham
Deputy H.L. Jeune
Deputy M.E. Millar
Deputy M.R. Ferey
Deputy R.S. Kovacs
Deputy A.F. Curtis
Deputy B. Ward
Deputy K.M. Wilson
Deputy L.K.F. Stephenson
I am pleased to propose the appointment of 7 new members to the Jersey Employment and
Discrimination Tribunal, subject, of course, to the approval of the States Assembly. Assembly
Members will find summaries of the appointees’ backgrounds in my written report, as well as more
detail about the functions of the Tribunal itself. If this proposition is agreed to, the appointments will
take effect once the new members have taken the oath of office before the Royal Court. I am satisfied
that the recruitment process, details of which are set out in my written report, was carried out in a fair
and transparent way and I am grateful to the deputy chair of the Jersey Appointments Commission
for confirming that fact. I make the proposition.
Sir Timothy Le Cocq(The Bailiff)
Thank you. Is the proposition seconded? [Seconded] Does any Member wish to speak on the
proposition? If no Member wishes to speak, then I close the debate. Those in favour of adopting the
proposition, kindly show. The appel is called for. I invite Members to return to their seats. The vote
is on the appointment of tribunal members to the Employment Discrimination Tribunal and I ask the
Greffier to open the voting and Members to vote. If Members have had the opportunity of casting
their vote, then I ask the Greffier to close the voting.
POUR: 38 CONTRE: 0ABSTAIN: 0
Connétable of St. Helier
Connétable of St. Lawrence
Connétable of St. Brelade
Connétable of St. Peter
Connétable of St. John
Connétable of Grouville
Connétable of St. Ouen
Connétable of St. Mary
Connétable of St. Saviour
Deputy C.F. Labey
Deputy L.M.C. Doublet
Deputy K.F. Morel
Deputy M.R. Le Hegarat
Deputy S.M. Ahier
Deputy R.J. Ward
Deputy C.S. Alves
Deputy I. Gardiner
Deputy I.J. Gorst
Deputy K.L. Moore
Deputy S.Y. Mézec
Deputy T.A. Coles
Deputy B.B.de S.V.M. Porée
Deputy D.J. Warr
Deputy H.M. Miles
Deputy M.R. Scott
Deputy J. Renouf
Deputy C.D. Curtis
Deputy L.V. Feltham
Deputy H.L. Jeune
Deputy M.E. Millar
Deputy A. Howell
Deputy M.R. Ferey
Deputy R.S. Kovacs
Deputy A.F. Curtis
Deputy B. Ward
Deputy K.M. Wilson
Deputy L.K.F. Stephenson
Deputy M.B. Andrews
11.Cannabis: Decriminalisation of Personal Possession and Recreational Use (P.31/2024) - as amended (P.31/2024 Amd.(2)), (P.31/2024 Amd.(3))
If I may, Sir, I would like to start with a question for the Solicitor General. The Advisory Council
on the Misuse of Drugs sent a letter to the Minister for Health and Social Services which was
circulated to all Members. In that letter there was a term used of “simple possession”. I would just
like the Solicitor General to confirm if this is a legal reference and how it would apply in law and is
it different from normal possession and possession with intent to supply?
It is not a term that appears in the Misuse of Drugs Law, it is a term that is widely used by criminal
lawyers and courts. It denotes possession for no other purpose than consumption by the possessor.
It is different from possession with intent to supply, which is an intention to give it to others. Simple
possession simply means my own drugs for my own use.
Thank you to the Solicitor General for that answer. I would also like to thank the Solicitor General,
as we did have a meeting at the end of the last sitting around this proposal, as well as my engagement
with the Minister for Justice and Home Affairs early on, the Chief Minister, as well as my fellow
Backbenchers who brought their amendments, as well as the Children’s Commissioner. The
Children’s Commissioner and the Solicitor General obviously pointed out the issue that I had
inadvertently created and why that I have had to bring my own amendment to remove the over-18s
part of this proposition. It is very difficult in trying to balance the rights and the wrongs without
sending out the wrong message out into the public, especially when it comes to young people. But
my question still remains, and it is at the end of this proposition, is do we still believe that
criminalising people for their personal use of cannabis is the right thing to do? Why did I bring this
proposition in the first place? It was the intention of the previous Government with the previous
Minister for Home Affairs to have an in-committee debate around cannabis because the world’s view
on the subject is changing and we should be considering changing with it. Unfortunately, with the
change of Government and the new Minister for Justice and Home Affairs this in-committee debate
was no longer going to take place, as it was not one of her priorities. I thought I could have brought
an in-committee debate myself and we could have all discussed it but there would have been no votes
at the end to give a direction to Government for what we want to see change and how we want things
to change with us. There is a satirical quote that goes around and it is either around the definition of
stupidity or the definition of insanity. Either way it is about doing the same thing over and over again
and expecting different results. Jersey criminalised cannabis in the 1960s, so here we are 60 years
later still criminalising people but nothing has changed. People still use cannabis daily. But what
has changed is the way the Government deals with substance use and substances being used within
our society. We have changed to a harm-reduction strategy, which means that we have to accept that
people will use substances and to offer them support when they need it is the best way to get them
off substances, rather than criminalising them. This is work that has been based on a very eminent
psychologist, the likes of Gabor Maté, a Canadian-Hungarian who has done a lot of work around
addiction. I found it quite difficult with the Advisory Council on the Misuse of Drugs letter because
what that letter stated was going very much against the strategy that Government brought forward
last year. To me, it seems there are still elements that are at odds with strategies and enforcement.
How big is the problem of cannabis convictions and interactions with the police? I think it is fair to
say at the moment that there is nobody who is in prison and has been charged for the personal
possession of cannabis alone. These crimes and convictions are normally associated with more
serious offences which ends up with someone in prison. However, the people who are not being
cautioned, forced to go to a Parish Hall Inquiry, are still being exposed to our law enforcements and
our judicial system. Rightly or wrongly, these people could end up at a Parish Hall Inquiry and
receiving a £200 fine for possession of 15 grams of cannabis. This is still considered a form of
decriminalisation but the £200 fine and the appearance at a Parish Hall Inquiry makes it a
decriminalised act with civil sanctions. This is still a type of conviction and it would still appear on
an enhanced D.B.S. (Disclosure and Barring Service) check. Anybody who does this in their youth
over the age of 18 but then may wish to go into teacher training would be barred from teaching at
school because they would have a conviction for drugs. What this proposition seeks is to take this
form of decriminalisation to the next step and by removing the involvement of the police for a limited
amount of personal possession. Policing of cannabis now has become very, very difficult because
we have legalised the use of medicinal cannabis, which means that somebody who has a prescription
is allowed to carry their full prescription around with them at all times and would be able to use their
prescription in a time that they wish to use it. The problem for the police is now they are not allowed
to ask an individual if they have a prescription until the point that they believe an offence has occurred
and a caution has been written. At that point the person should then declare whether or not they have
a prescription. If they cannot prove that they have a prescription at that point, the police have to seize
their cannabis, tag it for the person who it has been removed from, hold it and then return it if a
prescription is presented. If a prescription is not presented it then has to be analysed to confirm that
it is cannabis and then after that fact they would then have to decide whether charges should be
brought. Another interesting problem that the police will face is if somebody is smoking cannabis in
a public space with a prescription, the police have to know before they charge the person what offence
is being committed. Because if you have a prescription you are not using an illegal substance in a
public space; you are misusing a prescription, which is a different offence to what you can be charged
for. This makes action for the police very, very difficult. It is also very costly, it leads to a lot of
financial with the analysis of the substance, whether it turns out to be cannabis or not. But mostly it
is about time. We have very limited police resources and for many people this is a very small action
and small crime, so why are we wasting so much time on it? Some might say that the answer is, well,
why do we not toughen up how prescribed cannabis is used? The problem with that is we do not
impose other restrictions on other medications. If somebody is taking A.D.H.D. (Attention Deficit
Hyperactivity Disorder) medication or if somebody has to inject a medication at varying intervals,
we would not tell them when and where they can use their prescriptions. Having conversations with
some front line police officers, they said some of the biggest problems they have are at outdoor
events, where someone might take a large quantity of prescription but of course if they have their
prescription with them, as in the note from the doctor that says they are allowed to have prescribed
cannabis, this cannot be removed from them, even though they know they are there probably for the
wrong reasons. However, if we were to make an acceptable allowance for what people are allowed
to carry on their person, this would clear this action up, especially for the police. But if somebody is
carrying far too much on them at one time, then the police know they can either just ignore it, let that
person move on their way, although if that person is under the age of 18 or cannot prove that they are
over the age of 18 they would still be allowed to remove the cannabis from them, as they would not
legally have a prescription. It seems that cannabis is becoming more of an administrative burden and
a drain on our police resources than the impact it will have on society. For a little bit of context, I
remember the 2000 Euro Football Championship where it was jointly shared by the Netherlands and
Belgium; Belgium famous for its beer, the Netherlands famous for something else. With the crowd
trouble that erupted at that football tournament, the majority of the trouble happened in Belgium.
This year we have seen the Euro taking place in Germany, a country which has recently legalised the
recreational use and possession of cannabis, not decriminalised, legalised; there is a difference. The
German Government and people of the German towns are encouraging travelling supporters to use
cannabis, as they are aware it will create less crowd trouble than if people were drinking to excess.
The Misuse of Drugs Advisory Council’s letter mentioned this U.N. (United Nations) Single
Convention on Narcotic Drugs. I feel it is important to mention that the following countries are all
signatories to this convention, all have decriminalised cannabis so that there are no sanctions at all.
These countries are Belize, Bolivia, Chile, Columbia, Jamaica, Luxembourg, Malta, Mexico, The
Netherlands, Peru, Poland, Portugal, South Africa, Spain, Switzerland and Uruguay.
[14:30]
A number of countries have taken different actions to cannabis, which includes decriminalisation but
still with civil sanctions. However, there are countries with some form of legalisation; Germany,
most notably Canada and 26 states within the United States. The convention allows the sovereignty
of its signatory nations. It allows these countries to decide their own rules on punishing people for
possession within their own countries. When the letter mentioned about the issues with our nearest
neighbours, mainly France, I found an interesting one; we have no land borders with France and we
have no freedom of movement when in France. We are only a small market for the illegal trade that
already exists. Given that they share a land border with Spain, Germany, Luxembourg, Switzerland,
all these countries have free movement of people and, most importantly, free movement of goods.
There are no checks on anything that will be travelling around these countries and yet France has not
posted an objection to any of these countries. We have an illegal market in Jersey, let us be real
about this. We share good intelligence with France and the U.K. and I cannot see any reason why
this would not continue. Here comes one of the tricky parts with cannabis, and that is mental health.
I would be remiss if I did not acknowledge that there is a connection between mental health and
cannabis use because cannabis psychosis is a thing and it is something that I have witnessed first-
hand. It does not affect everybody and those people who are affected by cannabis psychosis it can
be very impactful and the effects are very disturbing; I will not sugar-coat this. I know someone that
during an episode of psychosis was arrested, found to be in possession. This person was admitted
into Orchard House where they were treated, released and on release they received a notice to attend
a Parish Hall Inquiry for possession. Did this person benefit from being sent to a Parish Hall Inquiry
after what they had been through? Did society benefit from putting this person through a Parish Hall
Inquiry because of the possession? Did it stop this person from using cannabis illegally again?
Unfortunately, the answer to all these questions is, no, it did not. People do not use cannabis thinking
they will be caught, that it will have a bad effect on them. People do not use cannabis because it is
illegal or not. Like most people, Members of this Assembly included, we use substances to help
ourselves regulate; sometimes we call this a crutch or a vice. How many Members enjoy a glass of
wine or a beer at the end of a hard day? How many Members enjoy a cigarette? How many Members
enjoy something sugary just to get them through? Alcohol and cigarettes are proven to be worse for
our health, alcohol worse for society than cannabis but both are still legal. It is my belief that we
should change tactics, as the war on drugs has not worked. The first step is to stop criminalising
those who use cannabis. Bring our enforcement in line with our substance use strategy, offer people
the support when they need it the most. With that, I make the proposition.
Sir Timothy Le Cocq(The Bailiff)
Is the proposition seconded? [Seconded]
11.2Cannabis: Decriminalisation of Personal Possession and Recreational Use (P.32/2024) - fourth amendment (P.32/2024 Amd.(4).)
Paragraph (a) after the word “possession” insert the words “personal cultivation”. In paragraph (b)
after he words “relevant roadside capacity test” insert the following new bullet point “total acceptable
cultivation allowance”.
As an amendment to Deputy Coles’ main proposition, I intend to keep this brief. Firstly, I want to
reiterate that this proposition to which this amendment amends is only an in-principle one. The
Assembly would not be changing law or policy today and if part (b) were to be adopted the
Government would undertake several elements of policy work to bring back to the Assembly. As
amended by the Council of Ministers, this would include bringing forward possible proposals on
personal cultivation. Why, Members might ask, have I retained my amendment? For one, discussing
with Deputy Coles we both want to see these as debates where people can inform and engage and
understand Members’ perspectives. This should not be just a chance to reiterate views; we should
be learning. Retaining this as a standalone debate allows us to discuss what cultivation means and
what decriminalisation without it would look like. Secondly, I believe it is important that should the
Assembly adopt part (a) that the principle of personal cultivation should be allowed within that
decision. Perhaps it is best to look at where we stand today, and Deputy Coles has touched on this.
Some States Members and members of the public would argue cannabis is somewhat decriminalised
already. The Attorney General’s guidance permits the use of written cautions for small amounts of
the possession of cannabis. The rise in medicinal prescribing has allowed, I believe, about 6 per cent
of the working population to access high T.H.C. (tetrahydrocannabinol) content cannabis legally, so
long as they pay their prescription, doctor’s appointment fees and prove their medical requirement.
Decriminalising possession and consumption would not be a significant step away from that
landscape and it would perhaps allow us to prescribe different amounts and apply better controls over
where we may apply criminal penalties should breaches occur. What would remain the case,
however, is that it would be a criminal act in any case to procure or supply cannabis, even when the
possession of said cannabis is decriminalised. One argument, one may think, is we should look to
legalise and we have heard that some jurisdictions are moving towards that. We could look to licence
to supply, tax a product, and while these are relevant conversations to have and likely work that will
take part under part (b) following the Council of Ministers’ amendment, there are many good reasons
that is not the step to take now. One could consider you could decriminalise the act of small dealing
and importing but I, for one, have no interest in supporting illegal dealing and importing and the
impact that crime activities have on our community. How else then if the Assembly agrees to
decriminalise personal possession and consumption do we square the circle? To me and many other
jurisdictions that have decriminalised, the answer is personal cultivation. This would enable
Islanders to produce their own supply, be assured of the quality and provenance of what they produce
and feel safe in the knowledge they are not enabling crime and the impact on society that it has. How
does this work in practice? Should the Assembly agree to the principles today, officers will be
working on the best solutions for Jersey for Members to debate. However, we can look at other
jurisdictions and the policies that they have and the reasons behind them. I hope Members will have
noted the specific examples given in my report. If they have they will have seen the common thread
that is between these. Firstly, jurisdictions apply a limit on the number of plants that can be grown.
This is more practical to work than the gram allowance, as a plant will produce differently under
different scenarios. This allowance can be per person or per household and that can be debated by
the States later. Jurisdictions often apply a total dried plant matter to be allowed to be kept at home
on private premises once harvested. This is no different to the allowed plant matter that one would
be permitted to keep under decriminalisation of possession. Thirdly, limits are typically applied on
where the plant can be grown; on private property and mostly described as out of public view. Jersey
would not need to be limited to these controls and we could find and adopt our own policy that best
suits the Island. Members can likely picture a combination of these would enable proportionate
policy, both enforceable and manageable. Like we have heard, Members must always consider risks
and there are always going to be risks. These may include, when we discuss personal cultivation, the
quality of produce and effects. Home growers are likely to be less consistent with their growing
techniques than sheer professionals and what we see in medicinal cannabis. This could mean plant
spoilage and could mean mould, that if then consumed could have a health impact. But on the other
side, imported illegal cannabis is also likely to be of mixed quality. Only the medically-grown
cannabis supplied to that 6 per cent of working population is assured to a T.H.C. value and to a
quality. I do not think we want to be encouraging the proliferation, if it does indeed occur, of medical
grade and, in essence, a prescribed material being used outside of a prescription. We want our clinical
standards and reputation to be better than that. On the note of quality, I have been informed that
home growers are likely to produce a lower potency cannabis than that grown in optimum growing
conditions, which would make it a less strong product, akin to drinking a lower A.B.V. (alcohol by
volume) product. Another risk would be smells and nuisances, that neighbours would be impacted
by the smell of growing plants. We already have a Statutory Nuisances Law that deals with odour,
and by having a plant limit and location restrictions on where a plant can be grown, I see no reason
this cannot be handled within the details to avoid any neighbour impact. Indeed, I would suggest
that those who illicitly grow it around the world at the moment do their best to hide the proof, that it
can even be detected by their neighbours. The last one, maybe the contamination, using materials in
airborne seeds to the medicinal cannabis industry but those of us who have been lucky to visit those
facilities will know how wonderful those facilities are and how tight a ship they run. Those are the
risks; we should consider the opportunities. We should look at both sides of this, and I will start with
one which is education. In many areas of our life where we are consumers, we are growing to say
we need to be educated consumers. Our food systems are things we need to tackle, to tackle obesity,
to tackle our consumption of drink, of alcohol or of tobacco. We need to be better educated on the
impacts and effects and, ultimately, the provenance and location of anything we consume. I think
those who are tighter connected to anything they consume can only be good for education. The
second one - I do not want to make light of this one - is if in the main debate the States Assembly
agree was a principle of decriminalisation of possession and consumption, then we should be thinking
for those people about the cost incurred of anything. We debate every year duty rises on alcohol and
the impact someone has to enjoy their leisurely pastimes. For somebody to have the opportunity to
be afforded the chance to grow their own product is, in essence, enabling access and inclusion. I
really do not want to understate that one; we debate this all the time, the cost of living. It is something
the Government aims to address. Should we adopt the principles then I think it applies here as well.
I want to look at the last one, which is satisfaction and enjoyment. People have hobbies and get a lot
of enjoyment out of hobbies which grant them responsibility, interest, skill and profession. The
Island has got a great history or horticulturalists. We are not normally horticulturalists in the sense
of cannabis but we know how much satisfaction there can be from gardening, from growing, from
brewing, from baking. Again, I think that it should be entirely recognised that part of people’s lives
is taking responsibility over things, and most of us know that horticulture is a great place; you water
your plant every day, you look after its condition. Where we have a society perhaps where
responsibility and the chances to take self-sovereignty about things you do yourself are becoming
more limited. For our mental health people should be offered those rights. Lastly, I want to address
what decriminalisation would look like without cultivation. It would be, in short, that Islanders could
be sentenced in the Royal Court for growing, for being a producer of cannabis. Despite the fact that
once harvested that level of cannabis would be decriminalised to both possess and consume. Really
no matter how cannabis arrives at a consumer it must be grown. Should the States support
decriminalisation, allow consumers to grow their own.
Sir Timothy Le Cocq(The Bailiff)
Is it seconded, the amendment? [Seconded] Does any Member wish to speak on the amendment?
I almost thought I heard a groan there but that cannot be right, we are only in Tuesday afternoon. In
1204 [Laughter] ... I am only joking, although I may reserve the right to refer to le chenet(?) at some
point, if not in this speech, in a later speech and remind Members of what that means. I am happy to
support this amendment, first of all, because it has been raised with me over the years by supporters
of those ... I had a constituent at one point, I think he has moved out of St. Brelade now, who has
been a long-term campaigner to be able to grow his own cannabis for medicinal or recreational use.
I think increasingly you could argue that the line is becoming blurred between the 2; we may be able
to touch on that later on. I also think that Deputy Alex Curtis has made a very good case for this
because it is in the context of if we are going to decriminalise the use and possession of personal
amounts of cannabis, which can come in different forms of course. It would be a folly if we said to
people: “Okay, we decriminalise it but there are only really 2 ways that you can obtain cannabis.”
[14:45]
One is through a legal route, which is as a medicinal form, and for those people we do not need to
decriminalise it because they are possessing it legally, even if they may be using it in a way which
might, ultimately, be illegal; for example, smoking it. I still think, just to say at this stage, that the
nuance between smoking and vaporising medicinal cannabis is probably one which the previous
Government was overzealous about ... a previous Minister for Health and Social Services was
overzealous about making that distinction. But we are not really here to talk about that at this
juncture. The other way that most people who want to use cannabis, if we decriminalise it, the way
that they will be obtaining that is through an illegal supply chain. Cannabis has to come to the Island
and no doubt other Members will say in a moment or in the next part of the debate, that will have all
sorts of problems attached to it, the fact that it is an illegal supply chain and the fact that the quality
of it, especially if it is in resin form, will be subject to all sorts of chemical and cutting processes that
the individual who ends up using it does not know what they are really consuming. Whereas
somebody who wishes to take pride in the growing of their products, to know exactly who has done
the research to say: “This is the type of cannabis that I wish to produce and consume and it works for
my needs”, whether they are recreational or medicinal, will have the autonomy and the ability to do
that. I am also minded to think and understand that when it comes to alcohol you can brew your own
alcohol at home. If you want to make yourself a nice rhubarb wine or a beer or a cider you can do
that and, as long as you are not selling it, that is perfectly legal. I think if we were decriminalising
cannabis then it would be strange to say that you cannot grow your own at home. For me, the only
reason you might vote against this is if you had no intention of supporting the decriminalisation in
the first place. But I think it is still sensible to support this as a safeguard to make sure that if we do
decriminalise, then a legal method that people can have to obtain good quality product that they know
what is in it and that they had some input into getting it here, that they should be able to use that
mechanism rather than relying on a very dark black market or illegal market to be able to procure
their drug.
11.2.3Deputy H.L. Jeune:
Hilary Jeune(Deputy H. Jeune of St. John, St. Lawrence and Trinity)
I think Deputy Tadier said a lot of what I wanted to say but I think my main point is, I worked in the
past with the Fair Trade movement and looking at the supply chains on a number of commodities
and how, along that supply chain, there is a number of very vulnerable users and this supply chain is
no different. I think it is very important, as Deputy Tadier and Deputy Alex Curtis has alluded to, is
that if we decriminalise the consumption we should also look at how we procure what we are
consuming. At the moment a lot of cannabis coming into Jersey comes from the Dark Web and is
ordered online. Inadvertently at the moment, and if we are not able to be able to cultivate for own
use in the future in Jersey if we decriminalise cannabis, we will be inadvertently supporting organised
crime groups. The cannabis market, for example, represents 38 per cent of organised crime group
drug revenue in the E.U. (European Union) of €11.4 billion annually. In the U.K. this estimates
around £3 billion. Of course the social harms are enormous. We may not see that at the acute end
here in Jersey, or many of us do not but this does include human trafficking, debt bondage and modern
slavery. I would really like to hear from the Minister for Justice and Home Affairs in this regard. I
know that she is working on a modern slavery law. Of course this topic and this issue is absolutely
key within the supply chain around cannabis. I would hope that she sees that the cultivation in Jersey
is an important thing to try to stem Jersey’s own impact on modern slavery along the supply chain.
I think it is really important that this proposition of Deputy Alex Curtis is supported and that we can
curtail money reaching the black market, organised crime groups and the exploitation of vulnerable
people in doing so.
Sir Timothy Le Cocq(The Bailiff)
Thank you very much, Deputy. Does any other Member wish to speak on this amendment? If no
other Member wishes to speak on this amendment, I close the debate and call upon Deputy Curtis to
respond.
That is a somewhat shorter debate than I had anticipated but I presume it is widespread support that
is causing that. I note how awkward it is to say Deputy Alex Curtis and I think we need to find a
better solution for people with shared surnames. Right, well thank you to those who did speak and
highlighted the comparisons to those who can brew their own at home for alcohol limits. I think
what Deputy Tadier said is really important. What I really wanted to stress during my opening speech
was this is not about, potentially, Members supporting decriminalisation, it is about Members
appreciating that should part (a) go through we want to address those safeguards and Deputy Jeune
reiterated that. I think there are a huge number of things that we have to deal with with regards to
supply chain and all the challenges that were so well listed. But I really think this is a fairly simple
one for me. If we are going to allow the decriminalisation - that is “if” - then I see no reason why we
should not at least agree to the personal cultivation. Just to once again address why I want us to take
the vote on this, and I hope Members will vote in favour, is while the Council of Ministers have put
in part (b) to do the work on personal cultivation, part (a) is what provides a level of in-principle
decision-making and I think it has to go hand in hand in part (a), hence I did not let this fall away
when the Council of Ministers’ amendment was accepted. With that and with the lively debate we
have had, I call for the appel.
Sir Timothy Le Cocq(The Bailiff)
The appel is called for. I invite Members to return to their seats. The vote is on the fourth amendment
brought by Deputy Alex Curtis, and I ask the Greffier to open the voting and Members to vote. If
Members have had the opportunity of casting their vote, then I ask the Greffier to close the voting.
The amendment has been adopted.
POUR: 21 CONTRE: 19 ABSTAIN: 1
Connétable of St. John Connétable of St. Helier Connétable of St. Lawrence
Deputy G.P. Southern Connétable of St. Brelade
Deputy C.F. Labey Connétable of St. Peter
Deputy M. Tadier Connétable of Grouville
Deputy L.M.C. Doublet Connétable of St. Ouen
Deputy K.F. Morel Connétable of St. Mary
Deputy R.J. Ward Connétable of St. Saviour
Deputy C.S. Alves Deputy S.G. Luce
Deputy I. Gardiner Deputy M.R. Le Hegarat
Deputy K.L. Moore Deputy S.M. Ahier
Deputy S.Y. Mézec Deputy I.J. Gorst
Deputy T.A. Coles Deputy D.J. Warr
Deputy B.B.de S.V.M. Porée Deputy H.M. Miles
Deputy J. Renouf Deputy M.R. Scott
Deputy C.D. Curtis Deputy A. Howell
Deputy L.V. Feltham Deputy B. Ward
Deputy H.L. Jeune Deputy K.M. Wilson
Deputy M.E. Millar Deputy L.K.F. Stephenson
Deputy M.R. Ferey Deputy M.B. Andrews
Deputy R.S. Kovacs
Deputy A.F. Curtis
11.3Cannabis: Decriminalisation of Personal Possession and Recreational Use (P.31/2024) - amendment (P.31/2024) -as amended (P.31/2024 Amd.Amd.)
11.3 Cannabis: Decriminalisation of Personal Possession and Recreational Use (P.31/2024) -amendment (P.31/2024) -as amended (P.31/2024 Amd.Amd.)
Sir Timothy Le Cocq(The Bailiff)
There is a further amendment lodged by Deputy Gardiner and there is an amendment also lodged to
that amendment by the Minister for Health and Social Services. Deputy Gardiner, do you accept the
amendment lodged by the Minister?
Inna Gardiner(Deputy I. Gardiner of St. Helier North)
Yes, Sir, I do accept the amendment.
Sir Timothy Le Cocq(The Bailiff)
Can we take your amendment as amended by the Minister?
Inna Gardiner(Deputy I. Gardiner of St. Helier North)
Yes, please.
Sir Timothy Le Cocq(The Bailiff)
Do Members agree? Then I ask the Greffier to read the amendment as amended.
After paragraph (b) insert the following new paragraph (c) and re-designate the existing paragraphs
accordingly - “(c) that the personal possession and recreational use of cannabinol and cannabinol
derivatives, as defined in the Misuse of Drugs (Jersey) Law 1978, should be decriminalised, with this
provision included in the legislation to be brought forward under paragraph (b) and to request the
Minister for Health and Social Services to consult the Misuse of Drugs Advisory Council about
reclassifying cannabinol and cannabinol derivatives, except where contained in cannabis or cannabis
resin, from class A controlled drugs to class B controlled drugs, as defined with the same law;”.
11.3.1Deputy I. Gardiner:
Inna Gardiner(Deputy I. Gardiner of St. Helier North)
As with Deputy Curtis, I would like to bring the attention of the Assembly to this is a debate in
principle and the Council of Ministers and the Minister accepted the Minister’s amendment because
I do believe it is important to go into the details and to consult with the Misuse Advisory Council.
The details will be brought back to the Assembly. Saying this, it is really the right time to address
the anomaly that we have in the law from 1978. From 1978 we have moved a long way and we are
in a different place; lots of changes since then. This amendment seeks to address the distinctions that
we have in Jersey law, which I think it is unnecessary and overcomplicates our cannabis legislation.
It makes a mockery of our Drug Classifications Law and gives a really sentencing appearance. We
have more work for the labs when they need to understand what type or not oil. Jersey currently
treats herbal cannabis and cannabis resin differently from the liquid cannabinol, which is clearly just
the difference of people who smoke and do not smoke. It is the smoke in presentation because
cannabis and cannabinol can be different strengths as well, for being used for the same person for the
same purpose but in a different way. Currently smoking dried cannabis flower and cannabis resin is
listed as a class B controlled substance. But liquid cannabis extracts containing cannabinols are
classified as class A drugs, which is the same category as heroin and crack cocaine. I suggest there
is no reasonable justification for this distinction and that cannabinol liquid and derivatives should be
given equal legal status to cannabis in dry leaf or resin form. Also, I do not think we should be really
siding with a smokable option if we are thinking about this. This change will align Jersey laws to
those existing in the U.K., as all cannabis products in the U.K. are class B. Then we move away from
criminalising people found in possession of personal amounts of herbal cannabis and cannabis resin
and the difference in the penalties are very, very, very different and they are important. When I am
saying very important we all passed in the Assembly in February and gave the Centeniers powers to
issue fines for small amounts of class B and class C drugs at Parish Halls. But its zero-tolerance
approach was maintained for class A substances but it does include cannabinol. Saying this, the
exemption was made. What exemption was made? The exemption was made for cannabinol
contained in confectionery. Seriously, it is the revised guidelines for 2022 which allows such cases
to be considered by the Attorney General on a case-by-case basis. I think it is really important that
we will not consider case-by-case basis, it needs to be very clear for everyone where we are standing
and this amendment bringing this, I think, clarity and making it less complicated than it is. I believe
that acceptable personal possession limit for cannabinol products could be set. It would allow them
to be also dealt at the Parish level rather than result in criminal charges. I accepted an amendment
from the Minister, as I believe that we need to get into small details, working with the professionals
to clarify necessary elements of exclusion or discretion, which should be considered, given the varied
nature of cannabis products. In a quicker term there can be no reasonable justification for treating
cannabinol and cannabinol derivatives in the same manner as heroin and crack cocaine, which is what
we are doing today. This amendment, if adopted, will bring the handling of cannabis in Jersey in
line with the U.K. legislation, with no distinction to make the classification between the herbal and
non-herbal way. I am moving my amendment.
[15:00]
Sir Timothy Le Cocq(The Bailiff)
Is the amendment seconded? [Seconded] Does any Member wish to speak on the amendment?
Sir, it is a point of order. I just noticed that the amendment that is being accepted, that (c) refers to:
“Legislation to be brought forward under paragraph (b)” and that the Council of Ministers’ second
amendment deletes reference to the legislation and talks about approaches. I am wondering, would
this, essentially, be rewritten if the Council of Ministers’ amendment was accepted?
Sir Timothy Le Cocq(The Bailiff)
The Council of Ministers’ amendment has been accepted by Deputy Gardiner. The amendment must
be read as qualified by the Council of Ministers’ amendment and that is how it was read by the
Greffier.
Deputy IGardiner
Can I clarify something? The difference between the first and second, it has legislation but it can be
ordered by the Minister himself. The Minister for Health and Social Services would work with the
Members to make this particular change of class A and class B. It is very clear that you are bringing
just ... it is different from the Council of Ministers’ amendment.
Yes, I accept that. It is just that your actual change refers to legislation and there is an amendment
to be considered that takes away the reference to legislation, so ...
Sir Timothy Le Cocq(The Bailiff)
Yes, Deputy Scott, I think you are correct in your interjection. The fact is that the proposition as it
currently is, the Council of Ministers’ amendment has been accepted, therefore, that is the form the
proposition takes to the extent that that is amended by this amendment. If the amendment is adopted,
then that is what the proposition will then read as. You are right in saying that one will qualify the
other.
Can we just clarify exactly what this will say then or are we waiting on ...
Sir Timothy Le Cocq(The Bailiff)
The Greffier has read out the proposition as amended by the Council of Ministers because that was
accepted by Deputy Coles. This is an amendment which, if it is accepted, will qualify the original
proposition in its terms. In other words, whatever it says will become what the proposition has said.
I am not sure I can provide any greater clarification, other than asking the Greffier to read the
proposition as if it were amended by this proposition, which it has not yet been. It seems to me that
that is the case.
Sir, have I missed something and forgive me if I have? Did the second amendment that was put
forward by the Council of Ministers’ get accepted right from ...
Sir, can I make a request that Members are circulated the wording of the now amended proposition
as it would be if this amendment is accepted or not, so that we can understand what we are debating
...
Sir Timothy Le Cocq(The Bailiff)
I am not sure how practical that is for the Greffe to do at the moment, so I will just ask the Greffier.
The Greffier indicates to me it can be done electronically in the next 5 minutes or so. Very well.
Yes, Deputy Scott, did you have a speech that you wanted to make or was it just that point of order?
Hilary Jeune(Deputy H. Jeune of St. John, St. Lawrence and Trinity)
I will be brief because I wanted to just support Deputy Gardiner in her amendment and reiterate what
she has said that this is not anything ... she is not asking for anything massive or additional. It is to
be in line with U.K. law that is already there. Already the U.K. have done the work behind that to
understand what that means, in effect. I know it sounds complicated, flowers and oils and things like
this, well not all of us are experts in this if we do not utilise the substances. I just wanted to reiterate
that this is not going above and beyond something that the U.K. has done a lot of work behind already
and this would just be asking for going into line with the U.K. law, and I think this is a very reasonable
amendment.
I rise also to support this amendment and I think it is important to note to Members that Jersey’s law
in regards to derivatives and oils from cannabis are different, as we have established, from the U.K.
and this would bring it in line. We have at the moment and I am trying to remember the exact
percentage, it is either 3 per cent or 4 per cent T.H.C. that we are allowed within our C.B.D.
(cannabidiol) products that are sold locally. We are talking if a product which, unfortunately, is
unregulated at the moment, so then we can exactly quantify the percentage that will be in it. We are
talking of someone who buys something in absolute good faith that it is below the legal limit that is
allowed in Jersey, that could then be tested, comes back and prove that it is not legal and it is in a
complete class A, which is completely beyond their ability to know and understand in that first
instance. By including this for this provision to be relooked at and addressed to make all cannabis
and cannabis-related products the same under the eyes of the law, this is a very sensible and
worthwhile amendment. The reason why I did not accept this amendment is because I believe there
is mis-knowledge of these products within our Assembly. By having this opportunity to speak about
them and air this in public that it is good for our own education because there are a lot of things in
an ever-changing world that we have to try and keep up with. For me as well with these products,
the cannabinol-derivative products, as I say, can include what are known as edibles, which have
become very popular from the United States, which have found their way over here. The question,
again, that I ask Members is: do we think that someone who is using cannabis is something that they
should be criminalised for? By bringing this down from a class A, which is the most severe category
of a controlled substance that we have, down to a lesser one is the right step forward.
Just to briefly voice my support for this amendment and to remind Members that in the report there
is a lot of research that has gone into this, and I am confident that this is an evidence -based
amendment and it should be supported today.
It is just a comment that Ministers seem to be very quiet at this point and I am not sure if that is
because this amendment is so obvious that they are all going to vote for it or if it is that they do not
know what to make of it or they are going to oppose it. It would be really helpful at this point, I
think, for some Members in the Assembly maybe to know whether this is a noddy, so to speak, or
whether it is something which is dangerous. Because I know when we hear the words that the U.K.
are doing this already, that can be traditionally a red rag to a bull for some traditional Members,
maybe not in this Assembly - we might have moved past that - but to other Assemblies it would have
been. Simply, just because the U.K. has done it, it does not mean it is a good argument to follow
suit. But, nonetheless, we do need to make sure that we are operating to a certain extent, I think, in
sync with the wider area that we do come under for certain political purposes. It would be good hear
from our Minister for Justice and Home Affairs, for example. I do not want to put her on the spot or
even a former Minister for Home Affairs in the Assembly. Because this does sound like it is
eminently logical, does it not? Because, if like Deputy Coles said, that you have products out there
which their prime purpose is therapeutic, shall we say - you can get lots of body creams, face creams
that would be C.B.D.-based which do have an unintentional amount of T.H.C. in there and the
purpose of those products is not get a user of those products high, it is to just moisturise their skin,
shall we say - it would be very strange if that person inadvertently bought a product with a higher
element of T.H.C. in it and found that they were in possession of a class A drug, when in fact they
could just be in possession of a high T.H.C. product which is now being decriminalised if we go
down this route, there would be no consequences to that. It does seem to me that what Deputy
Gardiner has come up with here is eminently sensible; it would put us in line with jurisdictions around
us. In the absence of hearing any arguments to the contrary, I am presuming that we would just all
support this.
11.3.6Deputy R.J. Ward:
Robert Ward(Deputy R.J. Ward of St. Helier Central)
Just briefly, I think one of the reasons that Ministers are not speaking, there is a position for Ministers
on this; it is a free vote anyway. I stood on a manifesto to say decriminalise cannabis; that is for
something later on in the debate. I did want to say - I think this is an important thing to say - I really
like the approach that Deputy Coles has taken to this debate because in saying to somebody,
especially this topic, in our society, there are some topics in our society where we need to have a
debate that is structured that has come with an ending. I have never been a great fan of in-committee
debates because there is no vote on them. No matter what is said and written down, nothing has to
happen. Today we have to do something. It has been good to see Members from across the Assembly
bring amendments so that we can all consider them and all think about them carefully. I think it is a
really good approach from the Deputy and I was going to say it later but I will say it now, particularly
on this part; I have learnt a lot about this. I do not know a great deal about it and I have read all of
these. I have got the idea of what this amendment is doing and it does seem logical to declassify
derivatives in the same way as other products. Because there is a huge market of products here,
which are ever-increasingly growing. I think the main points I have got are for the main debate when
we finish all this and come to the main overall because there are some points I think to be had here.
I am looking at this and currently I will be supporting it because it just seems logical to do this thing,
as with the last one in terms of the cultivation.
Sir Timothy Le Cocq(The Bailiff)
Thank you, Deputy. Does any other Member wish to speak on this amendment? If no other Member
wishes to speak on the amendment, then I close the debate and call upon Deputy Gardiner to respond.
11.3.7Deputy I. Gardiner:
Inna Gardiner(Deputy I. Gardiner of St. Helier North)
I would like to say thank you to all Members who spoke on my amendment. As Deputy Ward said,
it is logical to make it easy, streamlined. We have one category and we are not treating some products
of the cannabis as a cannabidiol is a really, really big difference. For me, it is to bring us in line with
lots of jurisdictions around the world, to classify cannabis as one product with some exemptions.
This is why I am looking forward to working with the Minister for Health and Social Services to
make sure that exemptions are needed and they will be introduced, the extension date will be brought
forward. I am asking for the appel and thank you.
Sir Timothy Le Cocq(The Bailiff)
The appel is called for. I invite Members to return to their seats. The vote is on Deputy Gardiner’s
amendment to the proposition, as amended by the Minister. I ask the Greffier to open the voting and
Members to vote. If Members have had the opportunity of casting their vote, then I ask the Greffier
to close the voting. The amendment has been adopted.
POUR: 28 CONTRE: 15 ABSTAIN: 0
Connétable of St. Martin Connétable of St. Lawrence
Connétable of St. John Connétable of St. Brelade
Connétable of St. Mary Connétable of Trinity
Deputy G.P. Southern Connétable of St. Peter
Deputy C.F. Labey Connétable of Grouville
Deputy M. Tadier Connétable of St. Ouen
Deputy L.M.C. Doublet Connétable of St. Saviour
Deputy K.F. Morel Deputy S.G. Luce
Deputy R.J. Ward Deputy M.R. Le Hegarat
Deputy C.S. Alves Deputy S.M. Ahier
Deputy I. Gardiner Deputy I.J. Gorst
Deputy L.J. Farnham Deputy D.J. Warr
Deputy K.L. Moore Deputy M.E. Millar
Deputy S.Y. Mézec Deputy A. Howell
Deputy T.A. Coles Deputy B. Ward
Deputy B.B.de S.V.M. Porée
Deputy H.M. Miles
Deputy M.R. Scott
Deputy J. Renouf
Deputy C.D. Curtis
Deputy L.V. Feltham
Deputy H.L. Jeune
Deputy M.R. Ferey
Deputy R.S. Kovacs
Deputy A.F. Curtis
Deputy K.M. Wilson
Deputy L.K.F. Stephenson
Deputy M.B. Andrews
11.4Cannabis: Decriminalisation of Personal Possession and Recreational Use (P.31/2024) as amended
Firstly, I am glad to see that Deputy Coles has amended his own paragraph (a) to ensure that this
does not criminalise children while decriminalising adults.
[15:15]
I think this removes one of the areas that we could have spent a lot of time debating unnecessarily.
It is, however, important that we consider how this proposition would affect children and young
people. There is no question that use of cannabis has potential health benefits, some with positive
effects. But there is also an accepted association between cannabis and psychosis for some users.
The factors behind problematic or dependent use are more complex than just substances legal status.
They pose significant risks if used by children and young people, particularly during adolescence.
Looking at the impact of criminalisation, criminal records impact people’s lives and, potentially,
restrict their access to work, training, education and even travel. Criminalisation can be a direct
barrier to accessing support for treatment for someone who has problematic use issues. There is no
quality control or information about the potency of cannabis or its constituent substances and this
lack of regulation leaves users at the mercy of illicit markets if they are unable to get medicinal
cannabis. Now looking at the impact of decriminalisation, evidence suggests that decriminalisation
appears to have no significant effects on the age that people start using drugs. Decriminalisation is
perceived by some as a poor alternative to legalisation. I am glad that we will be having that wider
debate on both topics so that we can draw out all of the issues. We must, however, also consider the
impact on our constitutional issues and compliance with U.N. conventions, as well as Jersey’s
international reputation. Customs agreements with the U.K. and Europe could also present a
challenge, and there is potential to stimulate the illicit market in the U.K. and France if cultivation
and supply is not addressed locally. Looking at part (b) as amended, I am glad that we have now got
proposals, as opposed to legislation being brought in by November 2025, and the proposals to also
consider legalisation and regulations, as opposed to just decriminalisation, because these are
important factors. The letter from the head of the probation service circulated to all States Members
highlights the many pitfalls of decriminalisation, but I think it is important that we vote for this
proposition as amended so that we can conduct more research, consultation and discussion before
firm proposals are brought back to this Assembly with a way forward for further debate.
In my nomination speech for my previous role as Minister, I was asked by Deputy Mézec whether I
agree that the decriminalisation of cannabis is inevitable in Jersey. My answer was that as a former
customs officer, a former senior leader in the police, a former member of the probation and after-care
service and as an active criminologist, I had a bit of a cognitive dissonance around decriminalisation
of cannabis. In my role as Minister, following the publication of A Change of Direction, Jersey’s 10-
year substance use strategy, I had envisaged an in-committee debate to take place at the end of
January this year in order for the Assembly to be able to express their opinions on this topic. That
would have enabled me to explore the many and complex issues and take action in slow time to
follow the will of the Assembly in a measured and evidence-based manner. The new Minister chose
not to follow that path, which is her right, but I fear that we are now faced with a minestrone of a
proposition and various amendments that suggest the direction of travel should be towards
decriminalisation in haste. I still have a level of cognitive dissonance, but for different reasons. Some
Members will suggest that the current drug policy is inappropriate, ineffective and utterly out of date
and, given the growing body of evidence that has continued on criminalisation, is harmful and leads
to worse outcomes for those who involve themselves with that sort of thing. They may not choose
to support this proposition. Others will have legitimate concerns about the potential increase in
mental health issues associated with high levels of cannabis consumption and will choose not to
support this proposition. Outside of Jersey, the debate over decriminalising cannabis has elicited a
variety of opinions, along with perspectives, across differing party lines and individual stances.
While the U.K. Government have been resistant to changing cannabis laws, citing potential health
risks, the discussion among politicians and the public is evolving. The direction of travel is more
focused towards the decriminalisation of cannabis and there are increasing calls for reform based on
health, economic and social justice considerations. I wholeheartedly agree that criminalising
individuals for small amounts of cannabis is not desirable. We are fortunate in Jersey to be able to
effectively support that view using the Parish Hall Inquiry system and carefully crafted guidelines
from the Attorney General, which are both flexible and responsive. Those guidelines began in 1998
when the Attorney General endorsed the issue of a written caution for a first possession offence of
less than 10 grams of cannabis for personal use, providing the person agreed to attend a drug
awareness course. This has evolved slowly over the years, following advice from the Misuse of
Drugs Advisory Council, to include personal possession of other substances and to increase the
quantities. As has been previously mentioned, the latest legislative changes come with the enactment
of the Crime (Public Order) (Jersey) Law 202-, which provides for a level 1 fine at Parish Hall for
the repeat possession of up to 15 grams of herbal cannabis or resin. If we are to decriminalise, we
need a structured approach. This should include limits on possession amounts, controls on where
cannabis can be used, consumption limits while driving and so on. Any framework should ensure
that decriminalisation does not lead to uncontrolled use, but creates a regulated environment where
cannabis is safely and responsibly consumed. There is a salutary tale from Thailand, where in June
2022 cannabis was decriminalised. The Thai Government established guidelines for cultivation, sale
and medicinal use. Decriminalisation sparked debates within Thai civic society, with the traditional
elements clashing with the modernists. The state developed education campaigns to help inform the
public about safe and legal use of cannabis. The change in law, perhaps unsurprisingly, attracted
more visitors, particularly those interested in cannabis tourism. Many cannabis cafés and well-being
centres were established to serve locals and tourists alike, boosting the economy. There were various
legal ambiguities and enforcement challenges, which are not altogether different to what the States
of Jersey Police are facing already in Jersey. While cultivation and medical use were encouraged,
the specifics of what constituted a legal recreational use were not always clear, leading to confusion
and ad hoc enforcement. Earlier this year the Prime Minister of Thailand announced plans to re -
criminalise cannabis by the end of this year. The aim is to address concerns about drug addiction
and enforce strict controls on cannabis use. This will reclassify cannabis as a drug, restricting its use
to medical purposes only. Perhaps understandably, this decision has not gone down well in what has
grown - excuse the pun - into quite an industry in Thailand. Thousands of small businesses will be
affected. Significant protests and legal challenges are expected as people challenge this policy
reversal. I raise this example not because I think we should not go down that route, but because we
need to get it right for Jersey and we need to think very carefully about all the consequences, intended
and unintended. We need regulation that works for us and the characteristics of our small Island
community. It would be wholly unsatisfactory for us to get it wrong and have to reverse
decriminalisation decisions, as is happening in Thailand. For me, this is not a conversation about a
plant, it is a debate about social and criminal justice, public health and economics. There is a strong
social justice argument for decriminalisation. A report by the charity, Release, has highlighted how
current drug laws disproportionately affect minority communities and those from socioeconomically
deprived backgrounds. They argue that decriminalisation could mitigate these disparities, but they
also note that cannabis should be a regulated right. Decriminalising cannabis in Jersey might be a
step towards a more just, healthy and economically robust society. It might allow us to address social
inequalities, ensure public safety through regulation and harness economic benefits for community
reinvestment, but in my view, we need to move forward very carefully and very slowly, making
rational decisions based on evidence. We need to acknowledge the complexities of change in this
area. The potential changes in our constitutional relationship already highlighted by Deputy Ferey
have also been highlighted in the letter from the chair of the Misuse of Drugs Advisory Council, but
there are other areas that need to be carefully considered. How will Jersey tackle increased usage
and the risk of dependency? How will Jersey address the public health issues? How will Jersey deal
with people who drive under the influence of cannabis or look after our children or pilot a boat or a
plane or operate on or care for patients? How will Jersey deal with the regulatory challenges;
inconsistent quality in an illicit market? How will Jersey address the higher healthcare costs of
treating cannabis-related issues? How will Jersey tackle the challenges faced by employers, where
employees are cognitively challenged by the use of cannabis and therefore perhaps less productive
or become a risk to the health and safety of the workplace? None of these areas are insurmountable.
Other countries seem to have achieved an appropriate balance. Switzerland is currently piloting
several projects to explore the impact of regulated cannabis sales. The goal is to gather data on the
impacts of legal cannabis markets. Like Jersey, the Swiss approach emphasises harm reduction and,
like Jersey, their approach is characterised by a pragmatic and evidence-based strategy that seeks to
balance public health concerns with the realities of cannabis in a modern society. We should also
note that the Swiss Government supports extensive research on cannabis use and effects in their
community. There are no shortcuts to this for Jersey. We need to do our own research to help us
develop policies that work for Jersey and not assume that because it works in Switzerland or does
not in Thailand that it would be the same here. That will have a cost. If this proposition is successful,
I should be interested to see what level of funding is proposed in the Government Plan. I believe we
need a rational, compassionate and evidence-based approach to cannabis decriminalisation. I think
there are some parallels with this debate and that of assisted dying, where there was an in-principle
decision from the Assembly, followed by a very detailed report and proposition to be followed by a
draft law. Today it seems to me that we are at the in-principle stage. I hope that the Government
will have sufficient time and resource to provide us with a similarly detailed report and proposition,
informed and supported by a similar level of public consultation and, dare I say it, a citizens’ jury
process. For similar reasons that I stated around assisted dying, I will support the amendment and
the approach put forward by the Council of Ministers and I look forward to their detailed proposals
at the end of next year and very much hope that the questions I have raised here today will be
addressed.
Following on from Deputy Miles, my original speech had an awful lot of things that you have
expressed, so I thank you for that. I have shortened mine. Members, I would like to thank the Chief
Minister for providing us with a free vote to be able to speak on this proposition. I am very worried
about this proposition and the amendments being brought to the Assembly for several reasons. I feel
some have been shared already. I feel it has been brought far too early for debate, albeit it is not just
an agreement to introduce, but an agreement in principle to explore. Much more research in terms
of health implications for individuals and families, the healthcare costs and the reputational damage
and impact this type of drug decriminalisation introduction could have on individuals in the Island
itself. During my time as a nurse working in the mental health area, I have seen and cared for many
people affected by cannabis recreational usage and at times cannabis being used as a self-medicating
behaviour.
[15:30]
This has led the user to further suffer from addiction and long-term mental health problems, whether
the cannabis has been obtained off the streets or via the medicinal prescribing route. I am horrified
to see that 6 per cent of the population is under medicinal cannabis usage. The percentage of people
where it is off the streets, we do not know what that percentage is. I have consulted with other
healthcare professionals who are directly involved with caring for people who have been and some
severely affected. The impact of subsequent ill health has placed enormous suffering on the patient,
their families and the increased pressures on the mental health teams. That is now. If we open up
this decriminalisation, how much will we need in the mental health department? These health
professionals, like me, are very concerned about this proposition. When we look at the actual
prescribing of medicinal cannabis, the subjects are very small. We look at intractable nausea and
vomiting, chronic pain, spasticity and severe treatment-resistant epilepsy. Cannabis is not a cure-all
for everything, but when you look, it is very, very small what it is being prescribed for. Anyway, I
am sure, as an Assembly, all we want is for people to be healthy, safe and harm free. Before we, as
an Assembly, ever introduce or agree to items like this proposition, we must ensure and be 100 per
cent confident that all the legal and reputational implications, and especially the health-related
avenues, have had the proper checks and balances explored before we put anything in place. I cannot
support this proposition, as I feel it is wrong at this time. I urge Members to reject this proposition
as presented. Thank you, Members, for listening.
11.4.4Connétable K.C. Lewis of St. Saviour:
Kevin Lewis(ConneÌtable K.C. Lewis of St. Saviour)
I am delighted to follow the last 2 speakers, whose opinions I cannot disagree with. I do work with
Deputy Coles and we agree to disagree, I think, putting it mildly. I have in my constituency of St.
Saviour 3 families whose children’s lives have been blighted by the use of cannabis and I am well
aware - and there are people with more medical knowledge than myself - that if one has mental health
issues that prolonged use of cannabis can push you over the edge. I do not wish to criminalise people.
That is the last thing I want to do, but it is to do with messaging, that people will think that if
something is no longer illegal, it is by default legal. I think that is the message that goes out there. I
find it quite bizarre that not 2 weeks ago we were lining up to criticise the use of vapes in children
because it was very unhealthy for them and yet we are discussing decriminalising cannabis. I will be
voting against this proposition and I urge Members to do likewise.
I would like to speak on section (b) and in particular 2 bullet points, “restrictions on driving under
the influence of cannabis” and “relevant roadside capacity tests.” Infrastructure is already working
with Justice and Home Affairs at both officer and Ministerial level. I have already signed a
Ministerial Decision and officers are currently working on the draft law instructions and we expect
law drafting to commence in quarter 4 this year. The working group of officers have an agreed
approach to update legislation to set drug limits in legislation to support enforcement of driving while
unfit through drugs. The expected timeframe is 6 to 9 months, but we will not be able to tie this
down confidently until law drafters have had a chance to look at the detail and understand the
requirements. Updated legislation will give the police powers to undertake roadside drug testing,
much like with breath-testing now. At the moment when charging, the police have to rely on police
evidence of seeing unfit driving and while they can have the force medical examiner take blood from
a suspect that gives level of drug use, both T.H.C. and other drugs, because there are currently no
limits set in Jersey legislation they have to rely on U.K. limits as their threshold for charging. Sadly,
driving under the influence of drugs is a growing issue on this Island. The working group have done
a lot of research across other jurisdictions who do have limits and testing and legislation, but applied
local knowledge to define what the limits should be, especially as in Jersey we know people who run
with a baseline level of T.H.C. in their blood because of legitimate prescription of cannabis. I agree
with a lot of what Deputy Miles said in what I thought was an excellent speech. We need to explore
things fully and we need more information, but I will be supporting the proposition as amended.
Hilary Jeune(Deputy H. Jeune of St. John, St. Lawrence and Trinity)
I had a question for the S.G. (Solicitor General). Of course we are just talking about there seems to
be a 2-tier system in Jersey. Obviously you have those who are allowed to use cannabis through a
prescription, but what happens if the prescription expires and those people still have a quantity of
cannabis? Are they then considered that they are still under their prescription or should they have
used it all up before the prescription is ended?
The way it works is that the medicinal cannabis constitutes a carve-out from the criminal law by
Ministerial Order. You do not commit an offence of possession of cannabis if you come within the
criteria. The criteria for users is that you have a medical prescription. If you do not have a medical
prescription or you do not have a valid medical prescription, then my view is that you are engaging
the criminal law because you are in possession of cannabis outwith the regulations set by the medical
cannabis scheme.
Hilary Jeune(Deputy H. Jeune of St. John, St. Lawrence and Trinity)
Just a final question, because I do not really know. You were saying there is a scheme, but there is
not regulation to define what constitutes when that prescription should be given to people or not?
Forgive me. It must be a question of fact. The scheme works in a way that, by regulation, things
that would otherwise be criminal are not. For example, if you have a Ministerial licence to import
cannabis, you do not commit an offence of importation. If you have a supply of cannabis from a
supplier who has a licence, then no offence of supply is committed. If you are in possession of
cannabis pursuant to a medical prescription by a doctor, then you do not commit the offence of simple
possession. If you do not have a valid prescription, then you do not, it seems to me, come within the
carve-out, and it would seem to me on first principles that you commit the offence of simple
possession of cannabis.
Sir Timothy Le Cocq(The Bailiff)
Did you wish to speak? Deputy Jeune, did you wish to make a speech or was that ... very well.
While some argue that decriminalisation of cannabis is a step forward towards personal freedom and
will bring economic benefit, the potential risks and consequences of such a decision are enormous
and it does beg the question as to why we are discussing this in isolation. A proposition like this
takes away the importance of considering such a complex issue in the round. If this proposition were
to be supported, this Assembly will be responsible for unleashing what I would consider a harmful
experiment regarding the mental and physical health of the people of Jersey. Why would we want to
do that? Cannabis is being smoked, not vaporised, all over the Island and we have so little data on
the consequences of what is already taking place. It accounts for the highest proportion of global
drug use harm. Those in favour of decriminalisation argue that current harm reduction approaches
are not working and the criminalising of people for small amounts of possession is wrong. However,
I would urge Members to look at the meta-analysis, which is an umbrella study of all of the studies
and systematic reviews done in the world on the harms and benefits of cannabis, which was published
in the British Medical Journal in August 2023. This was undertaken by an international panel of
experts which could not have a greater level of international consensus. They concluded that
cannabis is a seriously harmful drug and if its use is increased, it can only lead to more terrible
consequences. The analysis found that the more liberal the country is when it comes to making to
cannabis available, the more people will use it. At a recent European psychiatric congress, delegates
heard that the highest consumption is in countries where cannabis has been decriminalised and/or
legalised. If the opportunity is there for people to use it more frequently and in higher doses, harm
is increased. The quantity of cannabis smoked every time people use it is associated with bad
outcomes. We know harms are emerging from the current prescribing which goes on in what is
considered to be industrial quantities in medicinal cannabis clinics, way above recommended limits
and to all sorts of people who do not need it. Why, given that we are doing that and with no idea of
the consequences, would we want to increase it any more by decriminalising possession and
cultivation? The gap we have is that Jersey has not commissioned any recent research to understand
the impact of cannabis in the Island, but a few pointers from the European countries give us cause
for concern. Decriminalisation may lead to a perception that cannabis use is risk-free, potentially
increasing its usage among vulnerable populations, such as teenagers and individuals with a history
of substance abuse. You have only got to ask any psychiatrist in Jersey on their experience of dealing
with this and they will tell you our mental health inpatient wards are stuffed with people who have
been smoking cannabis and these are mainly younger adults. Are we seriously considering adopting
a proposition that has the potential to create the conditions where dependency or addiction to cannabis
will increase in real terms? Decriminalising cannabis for personal use and cultivation will encourage
people to take more cannabis. We should consider this in the same way as we consider the harms
associated with alcohol use. A lot of people can get away with consuming a small amount, but the
more one drinks, the greater the consequences. It is the same for cannabis. We do not encourage
people to drink 200 units of alcohol a week, so why would we therefore encourage people to use
more cannabis more frequently by opening it up to a decriminalisation environment? Cannabis use
in the Island is now compounded by the ease with which access to medicinal cannabis is developed
in the Island, and while some may choose to deny this, we know that a lot of this is being smoked
and not vaporised. How do we know this? Because the people who are dealing with this on a day-
to-day basis are telling us that what we have done is we have introduced something which is wide
open to abuse. People are smoking flower for all sorts of things, which make no sense from a
medicinal perspective. When you look at the evidence in meta-analysis, which does show where
cannabis is beneficial and where it is not, based on what we know about how people use cannabis in
the Island so far, we can see that people are already getting more than they need. A prescribing audit
completed recently showed people are being prescribed medicinal cannabis 3 times above the
recommended dose of 5 to 7 milligrams a day. Early estimates suggest that on average people in
Jersey are being prescribed 17 milligrams a day. When we adopt these limits, then we know that 40
per cent of users smoking at that rate will become addicted. Daily or almost daily use is a most
concerning pattern of use. Using cannabis more than 4 times a week is considered high use and there
is European consensus on this. Anything above 7 milligrams a day, whether smoking it or taking it
medicinally, is dangerous. Anecdotally we also know that people are reselling medicinal cannabis
to recoup the cost of a prescription. What is being sold is being smoked and we are collecting
absolutely no data and no information on the relationship between medicinal cannabis and how this
is being used for recreational purposes. Until we carry out these studies, why would we be taking
more steps to decriminalise use now and, worse, encouraging people to grow it?
[15:45]
This drug ruins people’s brains. That is the opinion of world experts, libraries of research which
shows it damages young people’s brains, and yet we want to bring in more easy ways to obtain it
without looking at the impact on the Island’s youth so far. This, in my view, has no basis for making
any rational decisions on decriminalising this harmful substance. Studies have shown that despite
increasing acceptance of cannabis use, especially among adolescents and young adults, it does have
detrimental effects on brain development. Regular use, as we know, is associated with impairments
in memory, attention and cognitive function, which can lead to poor academic performance and lower
life satisfaction. Moreover, its use is linked to mental health disorders, as we have seen. We simply
cannot afford to be frying the brains of young people and opening them up to an uncontrolled supply
of high-potency cannabis. It is suggested in the evidence that 9 per cent of users will become
dependent on cannabis. This rate increases to about 17 per cent for those who start using in their
teens and between 25 and 50 per cent for daily users. It will lead to increased availability and social
acceptance, thereby escalating use and subsequently addiction rates. While the decriminalisation of
cannabis might seem like a progressive step towards individual liberty, we must consider the broader
implications on public health, societal well-being and the potential for increased addiction and mental
health issues. The potential risks and cost to society are simply too significant to ignore. On that
basis, I believe we do have more work to do on this to fully understand what impact this drug is
having and will have on our Island community. Any further liberalisation can only be considered in
the context of a deeper understanding of the issues. We must adopt the principle of having reliable,
respected and independently produced data to drive and inform our decisions in this area, information
the public can trust and expect States Members to inform this work. It would be my view that the
States should fund and complete an independent public health assessment of the impact of cannabis
use and prescribing in the Island before any further steps are taken to even consider decriminalising
it or bringing proposals forward to do so. I fear this is an irresponsible proposition and one I am
afraid I cannot support. The argument that decriminalisation will reduce the burden on the criminal
justice system or not have any further detrimental health impact in our community is not entirely
accurate. We have to look at the levels at which serious harm occurs in the Island and we will only
know this when we start collecting the data and legislating effectively. We have so little research
and curiosity about what the situation is in the Island already, both from a positive and a negative
perspective. If this proposition is supported, we are about to unleash even more harms without
knowing the scale of the harm we have already created. This is the consequences of it. I would urge
Members to reject the proposition until we know more about what we are dealing with, how we will
deal with it in the interest of reducing harm, and protecting the brain and the brain health of young
people in the Island.
11.4.7Deputy S.G. Luce:
Steve Luce(Deputy S.G. Luce of Grouville and St. Martin)
I am pleased to be able to follow Deputy Wilson; I cannot disagree with one word that she said. For
me, this is another step in the direction I do not believe this Island wants to take. It is the thin end of
the wedge. I say that, because during my time on the Youth Panel I did 2 sessions, I saw the ruin of
young people’s brains that the Deputy has just referred to. Even if it is a small percentage of people
who smoke cannabis for the first time, it surely is not something we could agree to help people to do,
to ruin young people’s lives. I think forward to my grandchildren potentially going to homes of their
friends where those parents may be growing and smoking cannabis without knowing the effects that
it may have on my grandchildren. I certainly could not agree to do that. Like Deputy Miles, I have
read the advice that we have had from some people that I have the greatest of respect for. I have
considered what an Island that centres of cannabis tourism would mean for us. It is certainly not one
that I would want to promote. Would we want people to come here solely for that reason? I thought
about the intended, but more importantly the unintended, consequences of what we might be doing
here. I say that because of the mess that is the prescribed cannabis situation here on the Island. A
well-meaning Back-Bench proposition that came forward and got adopted without enough research,
without enough data, and without enough thought has left us in a real mess. As Deputies have already
referred to, we know people are being prescribed far more than they should and are getting
prescriptions for the weakest of reasons. I would say this to Members, 2 wrongs do not make a right.
Please do not be deceived by thinking this proposition will help the prescribed cannabis situation in
the Island; it will only make it worse. I ask them to think about young people and the effects it might
have on their brains. For that reason alone, I will wholeheartedly be voting against this proposition.
11.4.8Deputy S.Y. Mézec of St. Helier South:
Sam Mézec(Deputy S.Y. MeÌzec of St. Helier South)
It is precisely because of my thoughts of the young people of Jersey that I will be voting in support
of this proposition and playing what will be my small part in helping to end a policy that is failing
them and failing the Island as a whole. I simply cannot understand how after years of failure of this
policy, not just in Jersey but other parts of the world, how we can maintain support for a system that
is not working. Deputy Miles spoke of her cognitive dissonance in her position on this. I have to
say, having listened to her excellent speech and the logical way that she reached her conclusion in it,
I did not detect any of that cognitive dissonance. But I have detected a significant amount of it in the
3 speakers that have spoken against this proposition, whose conclusion is that cannabis is bad,
therefore we should make the situation for those who are using it even worse by criminalising them.
Something which, as of yet, has done nothing to stop them from taking it in the first place. It is not
an education-based response. It is not a health-based response. It is to simply say if you are doing
this, you will have a criminal conviction thrown at you and all of the consequences that arise from
that which do not lead to anything positive. I was amused by Deputy Wilson’s suggestion that we
were potentially going to make this decision without data and that we ought to be seeking to have
more data in order to make a reasoned decision on this. There are 2 problems with that. The first is
that there are plenty of countries around the world that are already doing it. I do not see why Jersey
ought to reinvent the wheel in that sense. Secondly, and here is the major flaw in her position, we
want to gather data on how people who are currently engaging in criminal activity are behaving. I
am sure they will all be queuing up to volunteer their experiences, knowing that they will be admitting
to committing criminal offences. Of course, you cannot collect that data, because nobody is going
to step forward and volunteer it because of the consequences that could otherwise arise from it.
Where I think is the worst inconsistency in the response against this proposition, talking about the
negative health effects that cannabis can and does have on people, is how this standard seems not to
apply to all of the other substances that are freely available to us that can have a devastating impact
on people’s lives. Alcohol can be extremely dangerous and have horrendous health effects on those
who either consume too much of it or those who are of whatever natural predisposition that it has a
significantly bad effect on them. Of course, most people consume alcohol completely responsibly
and can enjoy and will not suffer negative health effects as a result of it, because they do so in
moderation. However, excessive use of it can be devastating. It can cause all sorts of diseases. It
can obviously severely impact your judgment and how you behave when you drink too much of it.
Some people, of course, suffer from alcoholism and all of the consequences that leads to as well.
Yet, the moment you turn 18 you can go to any shop you like and buy as much of it as you like and
can afford and consume it as quickly as you like with very little regulation of that. For that alone
you will not be criminalised. That is clearly a gross inconsistency in approach there. Those who say
we have the right approach on cannabis do not seek to impose that same approach on alcohol. That
to me is cognitive dissonance. Sugar is bad for you. If you consume too much of that you can
become obese and you can have all sorts of health effects as a result of that too. However, we would
not, of course, criminalise anyone who baked cakes and put sugar in them. To criminalise Jersey
Wonders, of course, would be an absurd thing to propose; they obviously have very good effects on
people as well. The proposition as it now stands, having been amended, and in particular the
amendment by the Council of Ministers that has added a list of other considerations that ought to be
put in this as well as saying that proposals will come back to the Assembly, means that the decision
we make today is not one which we can say at this moment in time is a flawed decision that will
automatically lead to all of these unforeseen circumstances, because if we vote for this proposition,
we will not be decriminalising cannabis today. We will be taking the first step on the journey towards
decriminalising it by agreeing in principle that the criminalisation of people who simply enjoy a joint
from time to time in the same way that many of us enjoy a pint of beer or a glass of wine, is not a
sensible approach when it comes to harm reduction or dealing with those who have issues with
substance use. It is to agree that basic point of principle and then ask the Government to do the
necessary work that it needs to do to come up with some detailed framework that includes all of those
other issues like how the substance is dealt with in the presence of children, how it is dealt with if
people are trying to consume it before driving, how social supply might work, and all of those other
issues, which will come back to the Assembly in a detailed form, allowing us, at that point, to
determine whether that framework does resolve those issues to our satisfaction or whether at that
point it can be thrown out. This proposition today is merely to take the first step in that journey and
agree that the practice of possessing small amounts of cannabis, perhaps growing some of it yourself,
and smoking it or using it, should not be a criminal offence, because criminalising it, as we can see
from all of the other jurisdictions around the world and in Jersey, is not putting off people using it.
It is not convincing people to step forward and engage with the authorities if they get caught up in
other negative aspects of the illegal drug trade around that. It simply takes up time and resources and
puts people, many of whom will be moderate responsible users of cannabis, in the same way that
most people are moderate and responsible consumers of alcohol, through a whole load of extra hassle
that does not lead to any benefits to them. My manifesto said that I would support the
decriminalisation of cannabis. I wholeheartedly do that. I thank Deputy Coles for bringing forward
a proposition that seeks to take us in that direction. I hope Members will see today, having examined
what is happening in the world around us, that the move towards decriminalisation is inevitable. If
this Assembly says no to it, it will come back in the next one and will probably be accepted at that
point. It enables us to take hold of that journey today and do that work to come up with more detailed
proposals for how it will work. We will get there eventually anyway, sooner rather than later, because
those who are being forced through the criminal justice system for using cannabis are, in my belief,
suffering an injustice that they do not deserve and for no public benefit as a result of it.
11.4.9Deputy A. Howell of St. John, St. Lawrence and Trinity:
Andy Howell(Deputy A. Howell of St. John, St. Lawrence and Trinity)
While I appreciate that some people see nothing wrong with cannabis: just a joint; nothing wrong;
you can chill out with it; become happy, giggly, or chatty. I worry because there is another side.
Cannabis can cause cognitive impairment and serious mental health issues. It is the higher the
percentage of Delta-9-tetrahydrocannabinol, known as T.H.C., the higher the risk. Cannabis is
particularly harmful for the developing brain of up to 25 year-olds, not 18, as was mentioned in the
original proposition.
[16:00]
It is harmful to the developing foetus. People with a history of ongoing severe mental illness,
schizophrenia, bipolar, severe depression, or any brief psychosis and those with first degree relatives
with any of those conditions, may be vulnerable to developing them with cannabis use. There is
some evidence that people in certain ethnic minority groups may also be more at risk of harm.
Research shows that it can cause damage to people’s vascular systems, hearts, and has been linked
with cancer. Cannabis can cloud your senses of judgment. Effects can differ depending on things
like how potent your cannabis was, how you took it, and how much you have used in the past. It
might make your senses stronger, colours might seem brighter, or sounds may seem louder.
However, it can twist your sense of time. You do not turn up for work. There is no sense of urgency.
Your motor skills may be affected making driving and operating machinery dangerous. It can lower
your inhibitions, so you may have unsafe sex or take other chances. Anxiety is the most commonly
reported negative effect, with up to 30 per cent of recreational users experiencing intense anxiety
and/or panic attacks after smoking cannabis. Some get full-blown paranoia. You can get hooked.
About 40 per cent of people who are prescribed cannabis will become addicted. This means you
cannot stop, even if it harms your relationships, school, job, health, or finances. When a lovely young
friend of mine was at art school, she smoked cannabis. She was one of the unlucky ones. She
developed schizophrenia. Her life and the life of her family were wrecked. She could no longer
function. It was and is awful. Her schizophrenia did not go away when she stopped using cannabis;
it continues to this day. As a Government, we have a duty to protect Islanders and to promote healthy
lifestyles. We need regulation of our clinics and prescribing restrictions on false advertising and we
need to send the right public health messages. We already have a problem with our mental health
services being overstretched. We all received advice from the Misuse of Drugs Advisory Council, a
group which includes our law officers, the chief pharmacist, head of Customs, doctors and others,
highlighting some of the reasons that we should not be going down this route of decriminalisation of
cannabis at this time. I urge you all to listen to their advice and vote against this proposition.
When I stood for election, I did not do so to make popular decisions but to make responsible
decisions. Deputy Miles and Deputy Wilson have stressed the need to make responsible decisions.
So far the only part of the raft of propositions, which Deputy Miles has described as minestrone and
I was tempted to describe as a dog’s dinner, that I have found myself inclined to support is paragraph
(b) as amended by the Council of Ministers. Even then I have my reservations, because around the
Council of Ministers table we have constant intense discussions about funding priorities. Outside
this Chamber, some of the public question whether we are addicted to supporting the funding of nice-
to-haves at the expense of services we really need right now, that are making people suffer in most
serious ways. I find it almost an insult to find myself being asked to support a proposition that talks
about supporting the use of a narcotic for recreational purposes. Can people not find something better
to do? I have no doubt, and I really do not, that the manner in which the possession and confiscation
of cannabis is regulated needs to be reviewed. However, even now I believe we should be
encouraging Islanders to stay away from the stuff, unless they have a good reason to do it: to relieve
them from pain. We should not be trivialising the use of a narcotic. Let us be clear, that is what we
are discussing here; a narcotic which can become contrasted with alcohol. Alcohol is classed as a
depressant, but this substance induces mental lethargy or stupor. It alters consciousness, is potentially
addictive, and, as has already been mentioned, in excessive doses it can cause stupor, coma or
psychosis. How does a user know how this narcotic is going to affect that user? Do we just say:
“Oh, go and find out”? We already have a level of decriminalisation and a level of support for those
who merit prescription of cannabis for medicinal purposes, although I accept that needs to be looked
at in order to avoid abuse in many ways. If we were to put cannabis on a par with alcohol, it would
be served from licensed premises, perhaps upon assessment of the impacts on the individual user.
However, this is not being proposed here. Responsible decisions are informed decisions. States
Members were not invited to attend a drug awareness course before debating this proposition. I doubt
many cannabis users do before using cannabis. Who should be using cannabis? What should States
Members be approving that is likely to minimise harm to both the public and the user in the greatest
amounts, of course? Are we just playing to a few individuals? What really is going on here? It is
important that States Members understand the effects of T.H.C., which I believe that different
Members have already addressed. I do not believe they have mentioned all of them. The higher
likelihood of developing bronchitis when the person smokes; a weakened immune system;
aggravation of existing lung conditions; impaired judgment, that is great if you are employing people,
let us improve the Island’s productivity that way; delayed reactions to stimuli, how many drivers on
the road; temporary paranoia and hallucinations; interference with brain development. Not just
among teenagers, by the way. I have looked at these medical reports, as I tried to inform myself.
Under 25 year-olds; they are most likely targets, the likely market. How are we trying to stop people
from harming themselves in other ways? Increased or decreased, depending on the user, depression
symptoms. I personally have come across cannabis users and some, fine, have become more creative.
Others, terrible, realised they become jibbering idiots and really slow at communicating. Ironically,
and I come back to the under-25s, one of the ways in which this proposition has been amended is not
to criminalise children for being in possession of a narcotic drug. Do we necessarily want under 25
year-olds even to have it? The cart blanche we effectively would be giving to such people to possess
a substance for their personal use would mean the community paying the cost with their impeded
brain development and possibly aggravated health issues. In the U.K. drivers caught speeding are
offered attendance at speed awareness courses as an alternative to criminalisation. What about drug
awareness courses for those found in possession of non-prescribed cannabis? That could be a way
to decriminalising. How many times are you going to do that? Really, when it comes to this very
glib suggestion about decriminalising cannabis, what on earth do we mean by that? That is why I
find paragraph (b) preferable. It covers all the bases, more than (a) and (c), which seem to just say:
“Yes, it is okay, decriminalise.” We also should be considering the working adults whose
productivity can be severely impeded by the use of non-prescribed cannabis and the cost to their
employers. The Island’s roads already have a disproportionately high number of road accidents. The
speed of reaction of any road user under the influence of cannabis is affected. Now we can talk about
the roadside tests and this sort of thing, but how many joints can an individual smoke in order to
make that individual a dangerous driver? How long will the T.H.C. remain in the person’s system?
Does the individual know? Do States Members know? I believe not, because the answer very much
depends on the profile of the individual user, with many variables to consider. That includes how
much cannabis they use, how often they exercise, the type of exercise, their eating habits and
metabolism, their body fat ratio, and the particular strain of cannabis they use. Maybe I should
mention the trend in the United States in cannabis being laced with fentanyl. I believe there is a case
for enabling general testing of drugs and possession of individuals, for their protection as well as to
require them to give information regarding the supplier. I have a different kind of vision of
decriminalisation, if you like, perhaps from some. According to American addiction centres, a person
can expect cannabis to remain in their body for the following times: hair, 90 days; urine, 3 days;
saliva, 48 hours; blood, 36 hours, but it all depends on that individual. Here we go: “Decriminalise
cannabis and we will do the roadside checks.” However, really we should be educating ourselves
and these people before even going down that route. I do not believe that this States Assembly or
the individuals in it are educated enough in this. I mean that most respectfully. I believe that there
is a lot more to be learning before we just simply, glibly say: “Yes, it is like alcohol.” I come back
to this point about what we should be using funds for. This it cost money developing this regulation.
I know there are some things that have been mentioned, and hopefully other people will too, like the
experts and the Drugs Advisory Council, who not only have raised some policing issues but also
constitutional issues. We cannot be glib about those. I believe that if we are going to support this in
any shape or form, if I am, then I will be looking to support paragraph (b) and paragraph (b) alone.
Even now, I am still thinking about it.
11.4.11Deputy K.F. Morel:
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
I do not think it is right to impugn somebody’s motives for bringing the proposition. One of the
things that has been mentioned is that people are criminalised for the possession of cannabis. There
are many people who would agree in this Assembly that that is too much. They have their lives
ruined by convictions for possession of cannabis. That is a very good reason to bring such a
proposition to the Assembly. To suggest that it is in some way not appropriate to bring this
proposition to the Assembly is deeply inappropriate in itself. It is a perfectly reasonable proposition.
It is one that the States will opine upon and decide one way or the other. Deputy Coles has the right
to bring this proposition, and I back him entirely in doing so. The point that I want to get to is the
inequality that users of cannabis have faced all their lives, compared to users of alcohol. That, for
me, is at the core of this whole issue. Again, the idea of using terms such as “glib”, not at all. This
is a perfectly rational proposition, brought for perfectly rational reasons, asking the States to discuss
in a perfectly rational way the issues at hand. I know we have had the former Minister for Health
and Social Services talk about experts and we have heard other people talk about experts, et cetera,
and, yes, cannabis can have a harmful effect on some individuals. I, for one, definitely believe
cannabis should be kept out of the hands of teenagers and younger than that for sure.
[16:15]
However, you do not do that by prohibiting something. What prohibiting does, as we know time and
again, and as has been mentioned in the supposed war on drugs, Ronald Regan’s famous war on
drugs which has been going on for decades and decades, is an abject failure, an utter, utter failure.
All it has done is destroy societies. The war itself has destroyed societies. That war starts with the
prohibition, the total prohibition, on something such as cannabis, when the harms of cannabis are,
time and time again, shown to be vastly less than the harms of alcohol. That is the inequality at the
heart of this proposition and why I will be supporting this proposition. I know there are plenty of
Members of this Assembly who will be voting against this proposition, but who will be happily
having a drink tonight. They will be happy having a drink tonight in a way that discriminates against
those people who prefer not to have a drink, but would prefer to use cannabis in this case. They will
not be. People have mentioned driving. Yes, you should not drive while intoxicated, full stop. I did
speak to one Connétable who may be voting against this because of the issues around testing. I
understand that. That is, again, a very rational reason to vote against this. However, someone
drinking alcohol is 14 times more likely to be involved in an accident than if they were not drinking
alcohol. Someone who has used cannabis is twice as likely. It is still too much, but it is 7 times less
than alcohol. Cannabis does not cause violence. It does not cause social violence. It does not cause
vandalism. These are all things associated with alcohol. I have 2 studies in front of me here, one
from the U.K. and one from Germany, and they are really interesting. The U.K. study using multi-
criteria analysis shows that alcohol is the most harmful drug in British society. That is above heroin,
that is above crack cocaine, and that is above all other drugs. The most harmful drug in British
society is alcohol. In Germany, it is only the 4th most harmful drug. I believe that is because of
cultural differences between them. Heroin, crack cocaine and so on are more harmful in Germany
than alcohol is. However, alcohol comes in 4th in a list of 30 drugs, including prescription drugs,
including codeine. In Germany, cannabis comes in 16th. That is for social and individual harm.
Alcohol comes in 4th. In the British study, which had, I believe, 15 different drugs, cannabis came
in 8th, alcohol first. That, for me, is the reason why I will support this proposition. I do not believe
it is right to criminalise people when we as a state tax alcohol. As Minister for Sustainable Economic
Development, I have a constant ongoing dialogue with the hospitality sector about duty, about the
taxation of alcohol. Obviously they wish to supply alcohol to their patrons. I wish them to do so
successfully and safely and securely. I do all of that at the same time as knowing that we, as a society,
criminalise cannabis, which is a far less dangerous drug; empirically shown time and again to be far
less dangerous than alcohol. That, for me, is why I will support this proposition and I ask States
Members to as well. The only way you will help with people who have problems with cannabis and
who have psychosis with cannabis and the only way you will stop it being sold on to youngsters, et
cetera, is by regulating. The only way you can regulate is by legalisation or decriminalisation. It
starts with decriminalisation. That is the only way you can regulate. To keep it prohibited means
you cannot regulate. It drives it into the hands of criminal gangs. As a result, hey ho, the States
Assembly is effectively enabling the criminalisation and a criminal economy to take place. Let us
take it out of the criminal economy. Let us take it into the legal economy where we can have a grip
on it. That is the message that I would like to give the Assembly today. Let us not keep this
criminalisation of people going, people who are not harming our society. It is only by getting rid of
that shame and that stigma that is attached to it that those people who are struggling will then be able
to feel that they can seek help for their own personal struggles. At the moment, we stop that
happening because we make it shameful that you are using cannabis. That is all wrong and that is all
entirely linked to the criminalisation. I thank Deputy Coles for bringing this proposition. I thank the
Council of Ministers, Deputy Gardiner, and Deputy Alex Curtis for their amendments, which were
all worthy amendments. I say let us do this piece of work to show all Islanders that we want them to
be able to live free, safe lives. Free, because they get to choose what they put in their own bodies.
Safe, because we get to regulate and make sure it is safe. If we do not do that, all we are doing is
making sure that money and cannabis stays in the hands of criminal gangs and we make sure that
Islanders do not have freedom to choose what they put in their own body. Those are 2 things I do
not think we should be doing. I thank you for the time. I shall certainly be supporting this
proposition.
14.4.12Deputy R.J. Ward:
Robert Ward(Deputy R.J. Ward of St. Helier Central)
I am very pleased to follow that, because I was putting ideas together in my head as so much has
been said about this proposition. I start from the position of saying that I have an issue with cannabis
and medical cannabis and so on. It comes from a scientific point of view, in terms of the lack of
evidence about its use and effectiveness. There is a problem there. The reason we have that problem
is that not enough research has been done. Not enough work has been done by the World Health
Organization and those with a medical background to see whether some of the claims made are true
or not. The reason that has happened is partly, in the majority of cases, because it is an illegal drug.
Therefore, it is extremely difficult to research and it is extremely difficult to gather evidence. A lot
has been said about young people and cannabis. There are young people who are being criminalised
early on in their careers as human beings because they have decided to try cannabis, because of their
friends, because of peer pressure, because it might just be something they want to do. If we are to
criminalise these young people for doing something which is relatively harmless then we have to
recognise there are consequences long-term into their lives that, (1) is not deserved and, (2) there is
no evidence to say that they should be deserved. I wrote down some of the things that we should
stay away from. We should stay away from alcohol. We should stay away from cigarettes. We
should stay away from fatty foods. We should stay away from sugary foods. We should stay away
from painkillers such as codeine; massively addictive, look at what has happened in America.
However, we do not stay away from those things. We have accepted them into society and all the
problems that have gone with them, it seems. However, what we have done is we have taken one
drug that is used recreationally and medicinally and said that we will say that that drug in particular
is something that we must criminalise in all its forms. Personally, the manifesto I stood on was to
decriminalise cannabis, but I would suggest that we need to legalise it and we need to legalise all
drugs, because that is the only way to control them. The only way to control, to sort out what people
are using in their bodies, what the proportion of them is, what the concentrations are, where they
come from, the market. That is never going to happen in our society, I do not think. However, that
is the way to control. You control by knowing what is there. We are not doing that. We are not
doing that because there is a fear. There is a fear that goes with those issues. That fear is about an
influx of everybody wanting to try all of these drugs. I am getting on a bit now. I have no wish to
try different drugs at my age simply because they are there. I am at an age where a nice comfy insole
in my shoe gives me a huge amount of pleasure. [Laughter] It is a simple life that I lead. We have
to be careful - it is a trite comment - that we get this notion that we open a floodgate in some way.
We will not. We will stop people being criminalised and start that process of control, of refining
what is being used, and understanding the real effects. With proper research and proper
understanding, if cannabis can be shown to be linked to psychosis in particular individuals then we
will be able to say to those particular individuals: “Using cannabis is a very dangerous thing. Do not
do it, because this is what is going to happen.” If you want to ban anyone from using it, it will be
those individuals. We are not going down that line at the moment because of the criminalisation.
We seem to have said: “It is okay, we have sorted that problem, because it is illegal. If it is illegal it
cannot be happening and it will not happen.” It is. There are times in this Assembly when we have
to have a realisation that what we are doing needs to change. On this occasion I would suggest that
this proposition ... one of the things about the proposition is ... I understand people talking about
some issues with that, but the crux of the issue about the decriminalisation for personal possession,
personal cultivation, as is now brought by Deputy Alex Curtis, and for recreational use of cannabis.
Part (b) is an incredibly extensive list of the type of things that we need to do, potential approaches
to the decriminalisation, legalisation, and regulation of cannabis, the regulation of it. Use in the
presence of minors, I quite agree. We should have no advertising for any sort of sugary food, fatty
food, cigarettes, alcohol anywhere near school buildings. We should have a radius around them where
nothing like that is advertised. They do that in many jurisdictions. This is the opportunity to create
free zones around places where are children are influenced most during the day. Social supply
restriction of the sale to minors ... I am going through this on purpose, because I think we need to
look really carefully at the proposition that we are debating. Gram allowance, that is a difficult one,
because you have to look at the actual concentration of the chemicals that are involved in it. You
could have 10 grams with a lot of chemical in or 5 grams with an awful lot of chemical in. There are
also genetically engineered strains, which is one worry I have with cultivation of what one might
refer to as weapons-grade cannabis, which is really not good. Restrictions in areas of consumption,
that is a very important idea. By restricting areas of consumption, you control areas where
consumption happens. That is where you can direct advice, you can direct support, you can direct
help, and you can start to collect data. As somebody said, it is a strange word to have around this. I
wonder how many people who want to talk about the use of cannabis are sitting around saying: “Yes,
we need to have more data on this.” But there you go. Roadside capacity tests and total allowance
of cultivation, alcohol and driving is illegal. People still do it. Alcohol is legal and an absolutely
lethal drug, but most of us will go and have a glass of wine or a beer or something. England are
playing tonight, they are going to win handsomely tonight, I am absolutely certain of that, and for
many, many people it is associated with alcohol. We accept that. This is a difficult step forward for
this Assembly. I recognise that. It is taking a leap into somewhat the unknown. I understand the
fears that people have. However, I do not believe that decriminalisation will open floodgates in the
way that people are saying. In order to start that way along the pathway, we need to do something
and not just leave it the way we are at the moment. It is becoming, if anything, more uncontrolled
than ever. Taking back that hold of the reins of what is going on, in terms of the use of drugs on our
Island, is a very important thing to do and the first step of that is decriminalisation. I hope people
can read the proposition very carefully and really consider supporting all parts of that, because I
believe it will be a brave and sensible decision for us to make today.
I would like to start by thanking Deputy Coles for raising this issue. It has been lurking around in
the background for quite some time. It has certainly given us the opportunity to have a decent debate
on the subject. With regard to the current situation, a lot of us would agree 2 things relating to
criminalisation. Firstly, it has failed rather miserably to achieve the objective of preventing the
availability of cannabis. Secondly, it serves as a direct barrier to providing or assessing support or
treatment for problematic drug use.
[16:30]
Criminalisation also results in a complete lack of quality control or information about potency,
strength, or any additional substances contained within the cannabis on the illicit market. Users
cannot guarantee what they are buying or using unless they cultivate it themselves. Of course, that
in itself, is illegal. In the wider context, a 2016 United Nations General Assembly stressed the need
for member states to adopt public health, human rights, and other more constructive approaches to
drug policy instead of continuing to promote the traditional avenues of criminalisation. The U.N.
General Assembly has urged member states to think about alternatives to criminal punishment for
drug offences. Over 60 jurisdictions in 30 countries around the world have already adopted legal
reforms to remove the criminalisation of certain aspects of drug use. However, it is worth noting that
no 2 countries’ approaches are exactly the same. There certainly does not appear to be a blueprint
for removing the criminalisation of cannabis. Interestingly, Jersey’s own Substance Use Strategy
sets out as part of aim 5 to continue progression away from criminalisation by reviewing and adopting
specific policy options that fall under decriminalisation and legalisation aims. The hard truth is that
we need to assess what the underlying priorities are in any approach to the removal of the
criminalisation of cannabis before going any further. We need to do this properly. In 2018, the
Assembly voted to enable the prescribing of medical cannabis. For want of a better expression, that
can best be described as a genie that is well and truly out of the bottle. We know from a dispensing
of medical cannabis audit, published earlier this year, that Jersey has dispensing numbers of just over
4 per cent of our adult population, compared to 0.04 per cent of the U.K. population. If my sums are
correct, that is 100 users in Jersey for every single user in the U.K. That is quite an extraordinary
figure. Deputy Coles stated in his report that as a result of medical cannabis we now have a 2-tiered
system. For me, that is something of an understatement. What we have is a multi-layered market
which is driven by high levels of prescribing and dispensing. It takes the following form: we have
medical cannabis, which is prescribed and used for medical purposes; we have medical cannabis
prescribed and used for recreational use by the person it was prescribed to; and we have medical
cannabis which is prescribed but ends up on the illicit market supplying other people. This is the
result of a decision being taken by the Assembly without firm proposals to manage the impact of that
decision or any agreed approach as to how the future should look. On a personal level I want to avoid
a repeat of that situation, and if we are serious about all this that is exactly what the Assembly should
want too. To adopt a decriminalisation approach, as set out in paragraph (a) of the proposition,
without first considering fully all of the repercussions of that decision is quite dangerous. Last week,
completely unsolicited, the chair of the Misuse of Drugs Advisory Council wrote to me to express
the Advisory Council’s concerns after discussing the decriminalisation of cannabis at their most
recent council meeting. I shared that letter with Members by email and I hope they have had the time
to read it, but for those who have not this is their advice regarding decriminalisation. It would be
making a significant change to our criminal law without properly considering both the legal and
constitutional consequences, and they do not feel that should be done without prior consideration.
That we may create domestic and criminal law issues such as potentially increase trafficking caused
increased demands for illicit supply. We may inadvertently encourage importation as some may
regard decriminalisation as the additional decriminalisation of importation. There are a couple of
constitutional risks as well like breaching the U.N. Convention on Narcotic Drugs, and a potential
risk to our customs and trade arrangements with the U.K. So I think we need to consider which
consequential legislative changes would be appropriate, which amendments to other legislation
would be required such as the Misue of Drugs Law, the Restriction On Smoking Law and how the
prohibition on smoking medical cannabis should be amended to align with any decriminalisation of
cannabis. The Advisory Council’s letter also touches on the language of the proposition and the
uncertainty it brings as decriminalisation can mean a range of things in a range of settings. If you
stack the various uncertainties of paragraph (a) on top of one another you end up with a proposition
that can allow for a wide range of possible outcomes. Given all the possible outcomes within the
wording of paragraph (a), the potential unknowns of making a decision without much more thought
and information, and the highlighted risks I have already touched upon, I am afraid I find myself
unable to vote for paragraph (a); certainly not at this time. Paragraph (b) of the proposition can still
stand, regardless of the adoption or rejection of paragraph (a) and, therefore, I intend to vote against
paragraph (a) but vote for paragraphs (b) and (c). In having any debate on the different approach to
cannabis in Jersey there are a huge number of both foreseeable and unforeseeable factors that we
simply must consider. I do honestly recognise the need for and definitely welcome a full and
informed debate on the matter and the adoption of paragraph (b) would provide a clear mandate for
further work to be done. At the core of any future debate there would be a set of clear evidence-
based proposals. We must not choose an approach without careful prior consideration of all the
factors and without having an understanding of how they might best be managed. These factors
include but are not limited to what are the potential physical and mental health implications of any
approach, what is the desired impact on the illicit market for drugs and the wider supply chains, how
to evidence harm reduction, how to design and deliver prevention and education initiatives, how to
provide improved access and support, and how best to continue to protect children and the wider
community. There are a range of others but people are probably tired. With proposals that provide
further information in all of the things I have just mentioned, we, the Assembly, would be able to
make an informed decision with a clear view of the wide ranging repercussions that would ensue. I
have spoken to Deputy Coles and while the proposition sets out a deadline for November 2025, if
paragraph (b) is supported by the Assembly we will aim to bring forward those proposals by July
2025. However, it is important to mention that paragraph (b) - irrespective of delivery dates - still
results in additional and as yet unresourced work. As mentioned in the financial and staffing
statement in the Council of Ministers’ amendment there will need to be conversations regarding
prioritisation of existing work. In closing, and for the avoidance of doubt, I believe that as a general
rule prohibition does not work and the Island would be better served by a properly regulated market
where problem drug users are treated and assisted rather than criminalised. Part (b) allows for such
options to be properly formulated and presented to the States Assembly for them to decide upon in
an open and democratic manner. Therefore, I urge Members to reject part (a) at this stage but accept
paragraphs (b) and (c) as amended.
Firstly, I would like to thank Deputy Coles for clarifying the myth that there are persons detained in
La Moye Prison for possession of personal amounts of cannabis. There is not. I would suggest that
it is probably unlikely that there ever was. People who receive prison sentences will be importation,
supply or intent to supply, having been arrested for public order offences, driving while impaired or
involved in road traffic collisions or assaults. I would just like to highlight a couple of the factors
which I think may cause us some difficulties. There is a concern about how a decriminalisation
system could be policed. If we allow personal possession but not dealing then, as the proposition
suggests, we have set a maximum limit for how much cannabis a person can possess. Whatever limit
is set the burden will fall on police officers to try and work out exactly how much cannabis a person
is carrying. It is going to be nearly impossible to try and establish the exact weight of a sample of
cannabis in the street in order to determine if the person should be arrested for potential drug dealing
or allowed to go on their way. In relation to the point of the cultivation; on-Island personal cultivation
could create further difficulties unless it is spelled out in simple terms as to exactly what type of
species of plant is allowed, what weight is being grown, even how many plants exactly are growing
in a particular place, will all be challenging and the proposal as drafted allows no rights for the police
officer to enter the property to try and establish that fact. How will we decide whether or not the
person is allowed to grow their own or not? Somebody suggested that we may be able to make rules
about that. Well, if we are going to allow one person to be able to grow cannabis I would suggest
that we have to allow everybody; we cannot discriminate against one person to where you may or
may not live. There is also, as we all know, a smell to cannabis. As you drive past places where it
grows - and I am not talking about people smoking it - you can smell it. How will your neighbours
feel when you are growing cannabis, and where are you going to grow it? Are you going to grow it
in the garden? My biggest concern about all of this is in a family home where people are growing
cannabis how are we going to manage the welfare of the young people within that environment?
How are we going to decide whether young children are going to be involved? How are we going to
know whether the smoking of cannabis is ongoing? We are going to be contributing to that. It is
very different when you talk about something which is legal or not legal. If we are going to allow
people to grow cannabis we are accepting the fact that they may very well be growing it within their
home where they have young children, and how are we going to manage and police that? The other
thing I would like to point out is that Deputy Morel talked about all of these different studies, and
different studies say different things. I will give you an example here. For instance, a study by
Shorey in 2018 found that marijuana use was significantly associated with various forms of inter-
partner violence including physical, psychological and sexual violence. This association persisted
even after accounting for other risk factors like alcohol use, antisocial personal traits, and relationship
dissatisfaction. Flanagan also observes that cannabis use can have an impact on inter-partner
violence. There are others that say the opposite. So let us not be unclear here that one piece of
information will say one thing and another may say something else. A lot of areas have already been
covered but I have one other thing to say. With half my working life being involved in policing in
the Island I have had significant experience with all our community. I have seen the impact of drug
use, both for the users themselves, the family, children and young people who share that home. So
let us not be under any illusion here; this will have an impact. We are all fully aware that alcohol has
an impact as well so I am not taking that aside from that. Having discussed the matter with people
who deal with domestic violence and the impacts that cannabis has, it is in their mind and no doubt
in mind that this can have an impact on family life and children within those families. From the point
of view - as someone highlighted earlier - I decided not to do an in-committee debate. That decision
was made first and foremost because this area does not fall under myself, it falls under the Minister
for Health and Social Services. My priorities have been with violence against women and girls,
among others, and also the law in relation to modern slavery. But if I am going to stand here and say
that I am going to try and eradicate and work hard to deal with violence against women and girls I
cannot support this and I will not.
In my mind this is about how we confront reality, and in particular the reality that cannabis is used
in this Island. It is about the collision between reality and morality, and even between reality and
science. These are uncomfortable places to be but we do have a responsibility to face up to them.
The second point I would make is that we are as a society on a journey with regard to cannabis. It is
a journey away from criminalisation and towards liberalisation and probably eventually legalisation.
We are being asked in this proposition to take a step, and it feels to me like a measured one. Sixty
years of legislation to criminalise has failed. Criminalisation has failed. We must have in our minds
that cannabis exists and will be used, so our question has to be how do we deal with that situation. I
thought Deputy Miles’ speech caught the moment we find ourselves in brilliantly. This proposition
is a step. Yes, we need to be careful, but let us take the cautious step that this amended proposition
represents. I did think there was an alarmism in some of the speeches. Cannabis does of course have
an effect; it is a drug, that is the whole point. Some will have positive experiences; some will have
negative experiences. But I repeat, it is going to be used. It is used at the moment. We permit all
kinds of substances that have negative effects. Does decriminalising cannabis encourage use? Does
it do that through lowering social barriers perhaps? I would argue that bird has flown. In fact, you
could just as well argue that the cache of an illegal activity is attractive, certainly to young people,
and may be fuelling the attractiveness of experimenting with the drug.
[16:45]
Deputy Wilson’s speech I thought was a powerful one but it was a powerful argument to me against
the lax regulation medicinal cannabis. It was not persuasive to me regarding decriminalisation. I
would reiterate the points made by Deputy Mézec and Deputy Morel, among others, that there is a
double standard relating to alcohol. But there is also another double standard which we have not
referenced, which is to do with encouraging medicinal cannabis and, in particular, production of
medicinal cannabis. We believe as a society that cannabis can have medicinal properties otherwise
we surely would not have licensed companies to produce it and sell it. This is why I say that we are
on a journey. We have moved away from pure outright opposition. I think in common with many
other substances, we can decriminalise and still advise against its use or advise caution around its
use. We have plenty of those substances in society. The bottom line is we are not going to stop
people using it; we are not going to stop people trying it; we are not going to make it less attractive.
Deputy Le Hegarat said police officers will struggle with measuring the amounts. Well, that is the
case now with the A.G.’s (Attorney General) advice, I would have thought, and similarly with plants.
We allow commercial planting. Why would we not allow people, if we allow it on a commercial
large scale, to grow a small, specified number of plants within the home. The risk of course is that
kids may be exposed to that. Well, possibly; I do not think my kids have any idea what I am growing
in the house, but for the avoidance of doubt it is not weed. I would say the proposition allows us to
move forward with detailed proposals properly considered. The Drugs Advisory Council advice, I
am afraid I read it as a wall of opposition which, if followed, would never allow any jurisdiction to
decriminalise and yet countries have decriminalised, and I think we can take that measured step. So
looking at the proposition as amended, part (a) is the point that moves us on. It moves the debate on,
it moves the position on and says we want to decriminalise. Part (b) gets into the detail and gives the
responsibility to the Government to bring forward the good legislation that will enable that to happen.
We will get to decide whether that job has been done well because that will have to come back to the
Assembly to be voted on. Part (c) extends those same 2 points about decriminalisation and further
legislation to cannabinol. We are asked, one speaker said, to make a responsible decision. I think it
is responsible to modernise the law; it is responsible to open our eyes and ask that the Government
go away and bring back legislation in a considered way; and it is responsible to make the law face
up to the reality that cannabis exists and will be used. We will have another chance to decide in the
future if the proposals being brought forward in legal terms are proportionate and right, so I will be
voting for all 3 elements.
There is a particular high at the moment that is perfectly legal that young people are turning to in
droves. It is not just young people but they are particularly susceptible to it. They start off with a
long walk, they then move on to jogging, then before you know it they are doing park runs. You
have got pushes of exercise deliberately targeting young people by peddling harmless sounding
initiatives like Couch to 5K, sometimes disguising the effort with innocuous sounding terms like “fun
runs” and encouraging people to get out there to achieve this buzz that they get, this so-called
harmless buzz that they get once they have completed their runs. Before you know it they are doing
things like half marathons, and I even heard of somebody recently signing up to do a marathon.
Complete madness because it sounds like it is great, does it not, until ... I know a guy who did one of
these runs, he ended up getting a stroke. I know another one who years on after they have given up
with load of problems to their knees. It is particularly problematic if people have underlying
problems relating to arthritis. Of course they do not tell them this when they are pushing those kind
of runs initially. It is a slippery slope. I even heard of one guy who twisted his ankle while playing
tennis. So there are risks in that. I think we have to be careful about encouraging this kind of activity
in our community. Some of the speeches I heard earlier talking about the risks associated with
cannabis I thought were out of the 1936 film Reefer Madness. I did not think they could possibly be
serious when we were hearing some of those comments. I have not seen the film but I am told that
it had a particular cult following in the 1980s and 1990s. I particularly like a quote from the film
though, it says: “Marijuana is taken by musicians, and I am not speaking about good musicians but
the jazz type.” I hope we have come on a little bit since the 1930s but a lot of that same propaganda
that we would have heard in that film I think we are still dealing with today, and we have got to try
and unpack that. What I am slightly concerned about with this proposition in terms of the Minister’s
comments is that he seems to be sending out quite a mixed message which essentially, as I see it,
there are 2 parts. We already seem to have made some progress in the amendments in this debate
already saying that on balance we did vote for an amendment so that people could grow their own
and cultivate their own at home if they are going to be users of this product which we are hoping to
decriminalise. The Minister told us himself that he wants full legalisation, and we have heard some
very capable arguments, some eloquent arguments put forward from the proponents of those who
want full legalisation so I do not need to reiterate those. It seems strange that we would, therefore,
stop short of it by a much more moderate proposal that we have, as the first step towards that is surely
to say that if people are currently using, for whatever reason, to decriminalise them to make sure also
that they can access a home-grown variety themselves so that they do not have to turn to criminality,
if they want to. Then of course we let the Minister get on with it and do his piece of work about how
all the rest of it ties in, and we might get to legalisation if it is the desired will of the future Assembly
once he has come back with that piece of work. I also do not really see how it ties in with the other
workstreams that are going on around violence against girls and women. I think that is an important
piece of work which we all support in this Assembly and which needs to continue, and we will give
a renewed mandate to the Minister for Home Affairs to do that. I do not think the 2 are mutually
exclusive so I would like to think that we can discount that argument of it being an either/or. I do
not think I have got a lot else to say on this particular debate. What I would encourage the mover of
this proposition to consider is taking it en bloc. We can have that discussion I am sure. I think it
would be strange if we were to say that we would not accept part (a) but we want the Minister to go
away and legalise something that we are not even comfortable about decriminalising. Does that seem
to make sense to Members? If we do not want to decriminalise cannabis then certainly let us not
think about asking the Minister to go away and do a piece of work about decriminalising it and about
legalising it completely; but if we are comfortable asking him to go away and effectively start
legislating and working out the legislation for legalising then at least let us decriminalise it in the
meantime. I hope that is not an overly simplistic argument but that is how it works in my simple
little brain.
Could I ask the S.G. a brief question before I make my speech, related to the question that Deputy
Jeune asked about valid prescriptions? The Solicitor General mentioned that it had to be a valid
prescription; could he just define what a valid prescription is? Is there a time limit? How is it
determined whether a prescription is current or valid?
I should finesse the advice I gave earlier. I am looking at paragraph 7 of the general provisions order
made under the Misuse of Drugs Law. That provides an exemption from liability for an offence of
possession; it is not an offence where: “The drug was supplied by or on the prescription of a doctor,
or registered independent prescriber if at the time of the supply of the drug or prescription the person
was being supplied with any controlled drug by or on the prescription of another doctor.” I should
have read it does not apply where someone has it for the administration for medical, dental or
veterinary purposes in accordance with the directions of a practitioner or a registered independent
prescriber. Now, the absence of a valid prescription, or the absence of any prescription at all, would
not necessarily be conclusive that the offence of simple possession had been committed, but it would
be very good evidence that it had been committed. It might lead to further enquiries of the G.P.
(general practitioner). He or she might say for example: “It is in fact my fault, this person is taking
this cannabis under my direction but I just omitted to renew the prescription.” That would be
something to be put in the scales by a prosecutor in deciding whether the offence had been committed
and, if so, whether it was in the public interest to prosecute it. I hope that helps clarify the advice I
gave earlier.
I do remain unclear over what the actual definition of a valid prescription is and I wonder if that is
something in the law that needs to be looked at, because I think those who do hold those prescriptions
need that clarity around that question that Deputy Jeune raised. I really enjoyed Deputy Tadier’s
speech and I think a lot of the reflections that many of us have had on the problems that could be
caused potentially by cannabis use, that are most certainly also caused by alcohol use, which is a
legal substance. I thought Deputy Tadier made that point very cleverly there. I wanted to touch on
Deputy Le Hegarat’s speech. She mentioned a study on inter-partner violence, which of course is
something that we all want to eradicate in our society, and that there was some correlation between
cannabis use. I would argue that is a correlation between cannabis use in a society that criminalises
cannabis use and that the correlation there actually is between violence and those who are having the
confidence or the knowledge to access drugs illegally, and the profile of the type of person that might
be minded to do that. Another concern that has been raised by previous speakers was that young
people will take up cannabis use as a result of decriminalisation. I wanted to refer Members to the
Substance Use Strategy which was adopted by the previous Government, and I believe is still in place
with the current Government and indeed covers a 10-year period of time to 2033. I will quote from
that strategy: “Cannabis is the most common illicit drug taken by young people. In 2021 11 per cent
of 14 to 15 year-olds and 23 per cent of 16 to 17 year-olds reported ever using cannabis. Those rates
were similar at 13 per cent and 28 per cent respectively in 2018.” So Islanders, including young
people, are already using this drug and, as other Members have covered, they are having to obtain it
illegally and this is making them criminals. I really want to reenforce the point that criminalising
substance use does not stop people using it. It is already happening and it will continue to happen
and we will continue to make young people and Islanders criminals if we do not decriminalise
cannabis use. There is consensus among experts that criminalisation is not the best way to reduce
harm, and the Deputy in his opening speech touched on a harm reduction approach, and that is the
gold standard in terms of drugs policy. I think again Deputy Tadier touched on this as well; there is
a large amount of unlearning that we need to do because those of us who had it drilled into us at
school that drugs are bad, it is difficult to move away from that messaging. We must pause and
challenge our thinking and stop just blindly repeating that aged phrase and look at the scientific
evidence about what is right for our population.
[17:00]
Rather than repeating “drugs are bad” we must understand that drugs are inevitable. Imbibing
consciousness altering substances is in fact a universal human trait found in cultures across our planet
and across time. Humans for centuries have gathered around communal fires, communities have
come together to relax and celebrate, to enjoy being together and to enjoy just being alive. Again,
there are universal things that go with this; storytelling, music, perhaps some dancing. Something
else that is pretty much universal is substances. Drinking squashed fermented fruit juice and smoking
dried leaves, and there is probably a lot more dancing when the substances are involved. Those
activities when done as part of a community and it is part of being human. Those substances and the
use of those substances only become problematic when the societal context changes. I will speak
more about this at the end of my speech. I want to return to young people. As the cost of cannabis
illegally is increasing exponentially young people are turning to other more harmful substances.
Again, to quote the Substance Use Strategy: “There is evidence of displacement of cannabis by
synthetic cannabinoids.” The strategy goes on to say: “During the 2018 to 2021 period self-reported
synthetic cannabinoid use increased. In 2018 2 per cent of 14 to 15 year-olds and 4 per cent of 16 to
17 year-olds reported ever using synthetic cannabinoids. By 2021 this has risen to 13 and 25 per cent
respectively.” Synthetic cannabinoids are generally stronger than natural cannabis and are linked to
higher rates of addiction and psychosis. Our current policies and our current legislation are resulting
in an increase in harm right now to our young people. The evidence shows that when
decriminalisation is done properly it does not increase use. To go back to the scene that I painted of
a community coming together and substances being a part of that when used responsibly, when we
do not have that community and we do not have care for one another socially, and good quality health
care, that is when the substances can become a problem. If they are used in isolation that is a problem.
When I say decriminalisation must be done properly I mean that our health and social policies must
be robust; our services must be of an excellent standard and our community must provide play and
leisure opportunities and be a supportive community. The Substance Use Strategy outlines a pathway
for us to move towards decriminalisation in a healthy way that minimises harm. I noted that it has
many, many action points that refer to alcohol use. I hope that all Members who have concerns about
the harms caused by substances will realise that that is where we should be focusing our efforts; not
on cannabis. Deputy Gardiner found an event which is I think tomorrow by Amnesty International,
which is an organisation that I greatly respect, and they have launched a new policy paper to
contribute to the advancement of drug policies that better uphold human rights. Of course across the
Assembly I know we are all in favour of human rights. Amnesty International is calling on
legislatures to adopt new models of drug control that put the protection of people’s health and other
human rights at the centre, including the decriminalisation of use, possession, cultivation and
acquisition of drugs for personal use. It does go on. I trust organisations like Amnesty International,
I trust scientists, I trust the policy experts. All of those experts and organisations are recommending
decriminalisation. We would be foolish not to approve this proposition today and I will be supporting
it.
I agree with many of the previous speakers, especially when they relate to the topic of alcohol which
has been around thousands of years. I believe some water was changed into wine a couple of
thousand years ago so I am sure we will assume that is true. Unfortunately it has affected my close
circle; I have lost a cousin to its addiction. I lost a very good friend, in fact the godfather of one my
children to its addiction not long ago. But this Assembly in 2012 introduced the Lion SL500, which
is a breathalyser, and many years prior to that the SL400, which was a much larger and more
cumbersome item to use in a police car. However, what I am trying to emphasise here is the fact that
the police have in their armoury something to test for alcohol consumption. At a Scrutiny Panel the
other idea I asked 2 senior officers: “Have you got anything currently in your armoury to roadside
test for any other substances?” I referred immediately to cannabis at that point. The answer sadly
was no. The technology is not yet available that makes a reliable and reasonably-priced testing device
that they can use on the roadside. How can we possibly be even thinking of decriminalising any
substance right now until that technology has caught up and we can test at the roadside for those sorts
of substances. My dear friend who passed away would never have taken his problem out into the
public arena, he would never have got behind the wheel of a car and taken that on the road and
endangered other road users, cyclists, walkers, with his problem. So why are we even talking about
this, I would say. We have just had some damning road safety statistics recently published where it
quite clearly states that we are the worst jurisdiction in the British Isles for road safety. Surely we
must take a lesson from that and say why are we even discussing this when technology has not yet
caught up with roadside testing. That is all I have to say.
14.4.19Deputy E. Millar:
Elaine Millar(Deputy M.E. Millar of St. John, St. Lawrence and Trinity)
I had not been intending to speak in this debate and I have some considerable reservations about this
proposition, but one of the things that has in fact shocked me to a degree about this debate is the
argument that we should be decriminalising and possibly legalising cannabis because that will be
good for young people. I simply cannot get my head around that argument. Deputy Wilson spoke
very effectively about the impact of cannabis on young people I think up to the age of 25; it is not
just teenagers. Deputy Luce spoke very powerfully about his experiences on the Youth Panel. I have
read nothing that tells me that cannabis is not harmful to adults or to children and young people. The
fact that we know that, the fact that we know that alcohol and tobacco are harmful does not make
that an argument to make cannabis more easily available to young people. We know that alcohol is
damaging to our health and the research has developed on that over years. I do not remember being
told as a child never ever to drink alcohol, but over the years the advice on alcohol has changed
dramatically from you can drink as much as you want, to do not drink while you are pregnant, to do
not drink more than 21 units, to do not drink more than 14 units, to there is no safe limit for alcohol.
Yes, we do, those of us who enjoy a glass of wine, make that risk assessment every Friday night or
Saturday night and we may or may not regret it the following morning, but we know the risks. The
risks are very clear about alcohol. Similarly, the risks are even more clear about tobacco. I have
spoken to doctors who have said: “If I can stop one person smoking I have had a good day at work.
That is the most effective thing I can do for anybody’s health.” We know the harms that tobacco
cause and have caused for a very long time. I was involved as a relatively newly qualified lawyer in
the first ever tobacco legislation in Scotland and we did a massive piece of research trying to work
out just how long it had been since people understood that smoking tobacco was bad for them. I
think fundamentally I cannot accept that our bodies are designed to inhale smoke of any nature or
steam, or whatever that we are currently inhaling, and do that safely because we are not designed to
do that. Parents give advice to their children day in and day out. As I have said, when I grew up it
was all about not smoking and that was what we were told at school as well. What will parents be
saying to their children now? “Well, it is not good for you but, well, it is not criminal or illegal so
...” Criminality or illegality seems to me to be an extra tool in any parent’s toolkit to try to dissuade
an activity for children, and I know a number of people here who have spoken today do have children
and I just wonder what you will be saying to your children in future years about cannabis. Will you
be saying: “Yes, it is fine” or will you be saying: “No, do not do it but it is not criminal, therefore, it
does not really matter.” The fact that the physical harm is overwhelmed by not having a criminal
record, I just find this whole aspect of the impact on children as being a key driver in this debate very
difficult. As for whether decriminalising it will make it more acceptable to young people, I think we
just have to look at what is happening on our streets right now. We have people packaging up vapes,
usable and disposal vapes, which are clearly aimed at children and are quite clearly being used by
children. Are we going to have people standing at school gates with pink and rainbow coloured
wrappers of cannabis to give to young children because it is now okay for them to do that? We have
got to think about what the response will be of people once this becomes decriminalised. If you can
sell it to a child and it is not criminal then people will do that. I have heard all the arguments - I am
a lawyer - I have heard all the arguments about prohibition and how those work and how they do not,
but I do think the prevention of smoking or inhalation of cannabis by children has to be the most
important thing we should have at the forefronts of our mind, and I would ask everybody to keep that
at the forefronts of their mind.
Like many people of my generation, cannabis will always be considered as being part of that illicit
world of drugs. I will never forget when a boy at my school got expelled for being caught smoking
cannabis. It did not matter that when you reached the age of 17 you were allowed to consume 2 pints
of beer in the in-school bar. Back then it all made sense in the same way that no one frowned upon
my dad’s 60-a-day smoking habit. In that sense I get Deputy Mézec’s commentary. As I have
reflected on this subject I keep coming back to something that is probably quite old fashioned. What
legacy do I want to leave? Did I vote for something that decriminalised a product that had a huge
negative health impact on the next generation? Is this - as Deputy Luce puts it - the thin end of the
wedge? I recognise that we as a society have a schizophrenic approach to cannabis so as a result I
have tried to overcome my own personal biases by asking individuals with a lot of knowledge in this
area where the issues lie. It is an example where an in-committee debate would have added huge
value to this debate, and I find it quite extraordinary that we did not continue down that route. It is
clear from the number of amendments brought to this proposition that this is really a complex area
and I feel I have to defer to those who have expert knowledge. I found Deputy Miles’ and Deputy
Wilson’s speeches hugely informative. With the development of medicinal cannabis I recognise that
we have another drug in the arsenal to help with pain relief, inflammation, anxiety and sleep. But
because it is an unlicensed prescription it is not available through the hospital. Bizarrely, however,
we have 20 licensed individuals who are able to prescribe the drug and prescriptions - as Deputy
Binet has said - are 100 times the rate of those in U.K. It does demonstrate what a strange relationship
society has with this drug. For me the most obvious would be around addiction. Over recent years
we have heard all the terrible impact of inappropriate opioid uses. Opioids are also used extensively
for pain relief. We are all familiar with morphine, codeine, fentanyl and oxycodone. The difference
with opioids is their highly addictive nature. Not only do you need a prescription to take them, you
also need a plan to stop taking them.
[17:15]
A staggering 81,800 deaths were recorded in the U.S. (United States) as the result of opioid misuse
in 2022. No wonder we are suspicious about legalising something that throughout my lifetime has
always been illicit. As already explained by Deputy Wilson, cannabis use can lead to episodes of
psychosis and schizophrenia and Deputy Coles recognises this in his opening speech. The association
of cannabis with psychosis was first recognised as far back as 1896. A significant piece of research
in 1987 carried out by the Swedish Army concluded that those who had used cannabis more than 50
times were 6 times more likely to develop schizophrenia. There will of course always be individuals
who will not be affected, in the same way that some people drinking too much alcohol do not get
cirrhosis of the liver, or with relation to heavy smoking those who do not get lung cancer. The
question that I again ask myself, if I am prepared to vote for decriminalisation what legacy am I
leaving for generations to come. Did I really understand the consequences of what I was voting for?
I have tried to reflect upon other day-to-day drugs we already consume. Back in the day, tobacco
was sold as this sexy product. Deputy Renouf used a far more appropriate word “cache”; he seems
to be using a lot of those today. Getting your hands on something perceived as dangerous has always
been attractive to young people. But look where we are today; hideous images, no overt advertising
and the latest laws intend to ban the next generation from ever smoking tobacco. That is before I
include the huge cost to our health service; the price society pays for legalising tobacco. I think the
Constable of St. Saviour makes a valid point. What is the message we want to send out? What is the
legacy we want to leave? I cannot vote for something which could have a major detrimental health
effect to our society. That is not a legacy I want to be remembered for.
I wonder if it is too early to ask you to give a ruling on the form the vote might take for clarification.
The Minister for Health and Social Services, among others, has suggested that he would advocate we
should vote against paragraph (a) but for (b). But given that (a) is the one which decriminalises the
use of cannabis, does not (b) automatically fall away if (a) falls away?
It is entirely a matter for Deputy Coles, as the proposer, as to how he wishes to take the vote on this
matter. I think they could be taken separately, but it is a matter for the proposer of the proposition as
to whether they are voted for en bloc or individually.
I think it could stand alone from my observations of it. I cannot see a reason why it would not allow
the Minister to then go away, and for the Council of Ministers to go away, and bring forward some
more recommendations so this debate could resume some way down the future for us to revisit this
issue. But what it would not be doing is, obviously if you did not accept part (a), progressing the
decriminalisation at this point.
Sorry to persist, but it is simply that (b) refers to the necessary legislation without (b) referring to
cannabis at all. I am just concerned that without that link whether it would stand. Anyway, thank
you.
14.4.21Deputy M.B. Andrews:
Max Andrews(Deputy M.B. Andrews of St. Helier North)
Initially when this proposition was lodged, it came as a bit of a surprise because something like this
is so systemic and it is a broad issue, and usually it would be proposed by the Executive. It would
be something that the Minister would be bringing forward. It is quite unusual to see a Back-Bencher
bring forward this kind of proposition. I have to say I do not really know too much about this topic
whatsoever, a bit like other politicians who have already spoken before; they were very much reliant
upon the experts. Again, access to experts in Jersey on this particular subject is very difficult to have
access to. But I did happen to be approached by an individual who is very much pro-cannabis and I
took up their offer to discuss this proposition with them. Now, there is an element of our
constitutional relationship with the U.K., and of course that is very important. What we cannot be
affording to see is Jersey compromise its relationship with the U.K. from a constitutional perspective,
i.e., if this is, for instance, to be a proposition as approved, what then happens with the Privy Council
due to the U.K. differing on their stance with cannabis to the States Assembly? Looking at the
proposition itself, initially I was a bit concerned about part (a), I have to say, and I even voiced my
concerns to other Members, but I was quite pleased to see that the Deputy did bring forward an
amendment, having consulted with the Attorney General and the Children’s Commissioner. So I
think that part is rectified. Now looking at part (b) of the proposition, I think the Council of Ministers
have been quite prudent because it is more open to interpretation as to what can happen next. We
are not too fixed in terms of the decision we take today. Again, what you do not want to be doing is,
for instance, approving the proposition and then legislation has to be brought back before the
Assembly, when of course the Privy Council has to be involved. Again they might repudiate what
we have essentially approved as a legislature. So there is a difficulty with the mention of legislation
and cannabis, I think, in any proposition that has to be brought forward before the Assembly. Having
looked at Deputy Alex Curtis’ amendment and the reason why I voted against it, is because I w as
quite concerned about the enforcement side of things. It is all very well having individuals cultivate
cannabis for their own use, but it is difficult for police officers to enforce the prescribed amounts that
are within law because, again, you could quite easily see somebody who is cultivating cannabis
exceeding the amounts of gram usage, and how a police officer is supposed to then regulate that and
enforce it, it is very difficult to do. I can see why certain politicians have raised concerns about that
particular issue as well. Now, from my own personal perspective, I have to say I have seen 2 friends
unfortunately consume cannabis and, well, it has been life changing unfortunately for them. For one
of them, they were in their late teens and they tried cannabis for the first time and it had life-altering
changes, unfortunately. They have not been able to be independent like most of their friends who
have been able to grow up, leave home, live independently, earn their own income. I also saw the
extent of the issues it caused for them psychologically as well. It was only down to the health service
intervening. It took so much time to really get a diagnosis and the person’s medication correct for
the person to finally be stable. However, they were never the same person again. For me, I have to
take on board my experience, being very close to that individual and supporting them, and being at
the time very frustrated that I was unable to do anything to support them and to improve their
situation. I think we have to really recognise that. If we are speaking about decriminalising cannabis,
demand for use will automatically increase. If we are looking at disincentives, for instance, if you
are going to say: “Well, that is illegal”, of course people are going to be apprehensive. Of course
they are going to be cautious. Of course they are going to say: “Well, maybe I should not be taking
cannabis or any illegal drugs” because, again, there is a consequence. If you are caught we have a
criminal justice system and it could affect you as a young person. You might not have access to jobs
like everybody else, despite the fact you might be a very talented individual. If you are found guilty
of consuming cannabis, you just need to look at certain situations that I have certainly encountered
where, again, I have got a couple of talented friends who could have done very well for themselves,
but there are certain jobs that they can no longer apply for. Why? Because they have a criminal
conviction. So it is debilitating to a certain extent in terms of people are not maybe able to aspire
high any longer unless they maybe want to go self-employed because, again, they can work for
themselves. But if you are looking, for instance, to work as an employee, certain jobs, and certainly
the higher paid jobs across the economy, employees are going to go: “Well, I am sorry, but we have
our criteria, and I am sorry you have got a record here and we cannot accept you.” You have to
respect that. From my personal perspective, I do understand the for and the against arguments. I do.
I think there are valid arguments from both perspectives. But the one thing that I am a bit concerned
with is, for instance, when Deputy Morel touched on the subject of it does not have any implications
from a social perspective in terms of if somebody has consumed cannabis. I would certainly disagree
with that because I have certainly seen what it can do to people once they have consumed cannabis.
Certainly with one individual who I know, they became very paranoid. Again, they were in my social
circle. I remember in my early 20s, in fact, there was one thing that I said, and it was just something
that I said ordinarily, it was nothing that was controversial and they took it completely the wrong
way. But had this happened 3 or 4 years previously, they would have totally understood that nothing
malicious was intended. So there is an implication from a social perspective where people around
those individuals will see a change. It might be more difficult for those individuals to integrate
themselves into society. Also, as well, they could become more isolated, especially for new people
who do encounter them, because there may be changes to themselves from a psychological
perspective. That is something that is of a concern to me. As much as I do appreciate it is important
to be liberal, socially liberal, and people should be given the opportunity to have their say, and people
should also be able to articulate their views on the consumption of cannabis. But there is a hesitancy,
especially with myself, about if we do approve part (a), is it maybe premature? Is it maybe better
that we go with the Council of Ministers because I think they have the resource available to come
back before the Assembly and also there is an opportunity where the research can be done. States
Members, especially Back-Benchers, we probably need to be more informed because at the moment
I am not informed enough. I have to say I am not very educated on the consumption of drugs, nor
am I cognisant of the details regarding cannabis because ,again, I have no idea about drugs because
I have never smoked in my life. I have never taken drugs. So for somebody like me, I have to be
informed and I have to be informed with empirical evidence. If empirical evidence is not there, then
it is a bit difficult for me to support something. Approving something, then later down the line if
something bad does happen then I have to be accountable to the electorate and my constituents. I
would rather be safe and cautious and support part (b) of a proposition, but I think in terms of looking
at part (a) for now, it is not something unfortunately for Deputy Coles that I can support him on. But
as I said earlier on, it is one of those topics I will probably look at, at the end of this term, 2026. It
will probably be in the top 5 biggest debates that we have had because it is such a big topic. It is a
topic of significance. It is a bit like, let us say, the topic of termination of pregnancy, again if that
was to be discussed on the floor of the Assembly. That is a systemic and Island-wide issue that
people do have a view on and it is no different here speaking about cannabis. Of course, there is a
pro-lobbying group behind the scenes and some of those individuals, they do have a commercial
interest. I think that is also another area that I would just like to touch on as well, because we have
5 different cannabis firms. From my perspective, in terms of regulation of those cannabis firms, we
should really have regulation that is monitoring the input and output of those firms. So we need to
know what exactly are they selling and to who as well. That should all be reported, and that is in line
with W.H.O. (World Health Organization) who have been quite prescriptive about the use of drugs.
[17:30]
I know that has maybe not been something that has been touched upon in this debate, but I do think
it is quite important that it is mentioned because, of course, we will have the firms in the cannabis
industry very much wanting this to be approved today. But, as politicians, we also have to
counterbalance that with the mental health aspect as well and the implications that will have for
Islanders, and especially young and vulnerable Islanders as well. Because I go back to my friend
who unfortunately took one puff, and that was it. The next day they had alterations to how they were
thinking and it was at their parents, in fact, who had no choice but to take them down to the hospital,
and then they had to go to St. Saviour’s, and it just escalated and it got much worse. That is something
that we do have to bear in mind because I do not think it is something that we have really touched
upon in terms of individual ... not individual cases. But those rare cases that have happened, and they
still do happen unfortunately, due to drugs and the availability of drugs. Again, despite the fact that
it is illegal, it was disappointing to also see that some politicians had almost given up and said: “Well,
you know what, we might as well just decriminalise all of those who consume drugs and allow drugs
to be legal.” It is all very well saying that, but what is the implication of a decision you take? How
many people are going to be affected mentally because of it? We really do not know and we have
got to be very careful, I think, in the approach we take because I certainly do not want to be
responsible for a young person who is potentially a talented young individual who has aspirations to
do well in life and, because they consume drugs, they change just like that, and we are depriving a
young person of the opportunity to fulfil their potential. So that is all I need to say.
Steve Luce(Deputy S.G. Luce of Grouville and St. Martin)
The adjournment is proposed. Is that proposition seconded? [Seconded] Do Members want to show
if they are in favour of the adjournment? Those against. The Assembly stands adjourned until 9:30
a.m. tomorrow morning.
ADJOURNMENT
[17:32]
ADJOURNMENT
No contributions recorded for this item.
[09:31] The Roll was called and the Greffier of the States led the Assembly in Prayer. Deputy T. Binet of St. Saviour: I will also be attending the funeral, and with that in mind, I wonder if Members would permit me to take the Urgent Question as the first question rather than the last, because there is a good chance that I would not be present. The Bailiff: It is a matter for Members. Yes, we will put that as first on the questions before questions with notice. QUESTIONS 1. Written Questions 1.1 Connétable of St. Martin of the Minister for Justice and Home Affairs regarding the Jersey Field Squadron (WQ.226/2024) Question “Will the Minister advise what impact, if any, the announcement that the UK will increase defence spending to 2.5% of GDP by 2030 will have on costs to Jersey, and whether this decision will affect Jersey’s commitment to the Jersey Field Squadron?” Answer There is no reason to expect that the decision of the Government of the United Kingdom referenced in the Connétable’s question will affect costs incurred by Jersey. The Government remains committed to supporting the Jersey Field Squadron as Jersey’s contribution to the defence of the United Kingdom in line with the Intergovernmental Agreement signed in