STATES OF JERSEY OFFICIAL REPORT TUESDAY, 10th SEPTEMBER
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COMMUNICATIONS BY THE PRESIDING OFFICER
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QUESTIONS
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1.Written Questions
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1.1Deputy J. Renouf of St. Brelade of the Minister for Health and Social Services regarding contracts Health and Community Services has entered into with charitable or other third sector organisations (WQ 256/2024)
contracts Health and Community Services has entered into with charitable or other thirdsector organisations (WQ 256/2024)Question
“Will the Minister provide details for each of the last three years of all contracts Health and
Community Services has entered into with charitable or other third sector organisations, including –
(a) the names of the contracted organisations;
(b) the start date for each contract and its duration;
(c) what product or service each contract provides;
(d) the contract price for each product or service;
(e) the tendering process followed for each contract; and
(f) what evaluation is undertaken on the quality and value for money of each contract?”
Answer
Health and community services have contracts with several charitable and third sector organisations*.
Please see below table for corresponding answers:
QuestionQuestion (b) Question (c) Question (e)(a)
2021 2022 2023
Contracted Contract Contract Contract Service description Commercial
organisatio start date start date & start date & route
n & duration. duration.
duration.
Age 01/01/21 01/01/22 01/01/23 Provision of hot meals five days
Concern a week, + a weekly frozen meal
Direct award
1 year 1 year 3 years service for islanders not
attending centre
Brook 01/01/21 01/01/22 01/01/23 Integrated Sexual health service
Jersey for young people aged 21 years Direct award
1 year 1 year 1 year and under
Communic 01/01/21 01/01/22 01/01/23 Indirect support of friendship
are club and exercise classes by
Direct award
1 year 1 year 3 years funding the rental costs of
rooms
Dementia 01/01/21 01/01/22 01/01/23 Structured well-being
Jersey programme for people who have
1 year 1 year 1 year been recently diagnosed or who
have mild symptoms of
Direct award
dementia and family or friends
in caring roles. Providing
support to the development of
the Dementia Strategy.
Family 01/01/21 01/01/22 01/01/23 District Nursing Service, Rapid
Nursing & Response and Reablement
Home Care 1 year 1 year 1 year Service, community health Direct award
services for children and young
people aged 0-19
Good 01/01/21 01/01/22 01/01/23 Companionship and social
Companion activities for individuals aged
Direct award
s Club 1 year 1 year 3 years 55 years and over who are
socially isolated
Headway 01/01/21 01/01/22 01/01/23 Provision of craft classes,
entertainment, exercise classes,
1 year 1 year 3 years food and beverages, other
Direct award
therapeutic and social activities
and independent advocacy for
people affected by brain injury.
Jersey 01/01/21 01/01/22 01/01/23 Contribution to Specialist
Hospice Palliative Care Team, Inpatient Direct award
1 year 1 year 3 years and bereavement services
MIND 01/01/21 01/01/22 01/01/23 Support services for carers of
people with mental health Direct award
1 year 1 year 1 year problems
MyVoice 01/01/21 Independent advocacy services
for people with significant
3 years mental health problems or those Open market
who lack capacity and do not tender
have support from a significant
other
Jersey 01/01/21 01/01/22 01/01/23 Provision of educational courses
Recovery for people experiencing mental Direct award
College 1 year 1 year 1.25 years health issues and their carers
Silkworth 01/01/21 01/01/22 01/01/23 12 bedded residential service
providing an abstinence-based
Direct award
1 year 1 year 1 year relapse prevention programme
to support people recovering
from drug and or alcohol
dependency
Percontracts£10,717,6£10,371,773 £12,404,75Question To be 0To be(d)updated to**
updatedactual Actualto actual£14,232,62
At the end of 2023 a mental health services provider framework was set up, with 14 providers
onboarded (charities and private sector organisations). A number of mental health services will be
commissioned via the framework going forwards. One service has been commissioned via the
framework in 2024 for a term of 3 years.
(f) Commissioners employ a number of methods of evaluating quality and value for money of all
contracted services:
• key performance indicators are included within each contract and monitored on a quarterly (or
more often) basis.
• providers are requested to gather service user feedback on service performance, and
commissioners collect feedback from system partners.
• qualitative information such as case studies and complaints/compliments are used to
supplement quantitative data to get a more rounded view of services.
• quarterly or bi-annual service review meetings are held with each provider, where a range of
issues are discussed, including what is and isn't working well, service performance against
KPIs, workforce issues, financial issues and service developments.
• commissioners undertake benchmarking of service performance and cost against best practice
in other organisations/jurisdictions to assess quality and value for money.
*‘Third sector organisations’ is a term used to describe the range of organisations that are neither public
sector nor private sector. It includes voluntary and community organisations (both registered charities and
other organisations such as associations, self-help groups and community groups), social enterprises,
mutuals and co-operatives. (UK National Audit Office)
** Total figure included as contract price for each product or service is commercially sensitive
1.2Deputy H.L. Jeune of St. John, St. Lawrence and Trinity of the Minister for Children and Families regarding the number of children who attend school on a reduced timetable (WQ 257/2024)
Hilary Jeune(Deputy H. Jeune of St. John, St. Lawrence and Trinity)
Families regarding the number of children who attend school on areduced timetable (WQ257/2024)Question
“Will the Minister state the number of children who attend school on a reduced timetable due to their
complex clinical and education needs and detail the support available, if any, for these children during
school hours when they are not at school; and should any support exist, will he further advise –
(a) who the providers of such services are;
(b) how the Government supports and works with these providers;
(c) which Government departments work with these providers;
(d) the level of Government funding that is available to support these children, and what has been
included in the 2025-2028 Government Plan; and
(e) how much funding each provider has received and how many children they have supported, for
each of the last 5 years?”
Answer
In line with the Part time timetable policy:
A reduced timetable refers to those circumstances when a decision is made to reduce a pupil’s
‘overall’ curriculum offer. As part of this arrangement, the pupil continues to attend school full time.
Cases where children are placed on a reduced timetable are likely to be rare and unique in each
individual case.
A part time timetable refers to those circumstances where a decision is made to limit the amount of
time a pupil spends in school accessing education (on site or otherwise). As part of this arrangement,
and the pupil is not accessing a full-time education. The need to safeguard a pupil must be considered
before a part-time timetable is agreed and safeguarding measures built into the plan.
Furthermore, in circumstances where a pupil has a serious medical condition and regular ongoing
medical intervention is required, or recovery is the priority outcome, educational arrangements will
be reflected in a ‘medical/care plan’ agreed between school, health and other relevant professionals.
This plan may be implemented for a short-term medical condition that requires a period of recovery
or for a long-term medical condition that requires ongoing medical support. These plans are not
reduced or part-time timetables.
Out of the above, schools are only required to register pupils on part – time timetables.
In 2023-2024 43 pupils where registered for a parttime table, 10 of which are now closed.
The GoJ provide many opportunities to support the above scenarios which are free. These include:
• SKILLS Jersey
• Jersey Youth Service
• JET
• CAMHS Early Intervention
• Inclusion Service Teams (ASCIT, EWOS, SEMHIT, VI, Wellbeing team, HDST, Eps)
• Move On Café
• Jersey Library
Education outsource the following activities which include private providers and charitable providers
(this is not an exhaustive list) Some of these are at a cost; others are free:
• Happy Hooves Equine Therapy
• Healing Waves
• Wet Wheels
• Birdsong
• Skate School
• Boxing
• Absolute Adventures
• Chestnut Farm
• Paddle tennis
• Jump Jersey (often offered uncharged)
• Zoo
• Aqua splash
• Les Quennevais Swimming/Sports
• Yoga
• Art Therapy
• Amazin Maize
• Jersey Sports
• Jonno’s Watersports
• Camp Bosdet
• Eyecan activities
• Surf School
• Jersey Heritage
Education outsource the following tutoring companies:
• Word and Numbers
• Kings Interhigh online tutoring
• Core Education
As Schools and Inclusion fund these from either their school budgets, SEND funding, RoN funding,
JP funding which includes Virtual School funding, it is not possible to provide the costs.
These plans are individualised and bespoke to each child and young person’s health and development
needs.
1.3Deputy J. Renouf of St. Brelade of the Minister for Treasury and Resources regarding Beaulieu School annual accounts (WQ 258/2024)
Beaulieu School annual accounts (WQ 258/2024)Question
“In relation to Beaulieu School, will the Minister advise whether –
(a) the 2022 and 2023 annual accounts have been received by the Government, and if so, when
they will be published;
(b) the school has repaid the two loans issued in 2008 and 2014, totalling £1 million, that were due
for repayment in 2022;
(c) repayments are being made relating to the £7.3 million loan facility taken out in 2019; and
(d) he is aware of any reason for the delay to the publication of the accounts?”
Answer
(a) We have received management accounts from Beaulieu Convent School Limited, but are yet
to receive the final audited accounts. I will publish the accounts once I have received the audited and
signed version.
(b) On inception of the 2019 loan the outstanding loan balance of £293,488 owed by the school
was incorporated into the new loan.
(c) In line with P.26-2019, capital repayments on the 2019 loan are only due on completion of the
full project, once the final drawdown on the loan facility is made. As such, I am advised that no
capital repayments are currently due.
(d) I am aware of the delay in the publication of the accounts which is attributable to a delay in the
completion and sign-off of the audit.
1.4Deputy I. Gardiner of St. Helier North of the Minister for Infrastructure regarding single use lithium batteries (WQ 259/2024)
Inna Gardiner(Deputy I. Gardiner of St. Helier North)
use lithium batteries (WQ 259/2024)Question
“In relation to single use lithium batteries, will the Minister advise what processes are in place for
their safe disposal and whether any accidents or incidents have occurred at the Island’s recycling
facilities, or energy from waste plant, due to these batteries being disposed of with general waste?”
Answer
Provision for the disposal of single use lithium batteries is facilitated through two established routes:
Drop off point at Household Recycling Centre (HRC);
Battery tube drop off points at various locations around the Island (currently 114 sites).
Lithium batteries are segregated from other chemistry types (Alkaline/Nickel Cadmium) when
moved to the lower yard area of the HRC. Here they are packaged by chemistry type into ADR
(International Carriage of Dangerous Goods by Road) compliant containers and stored separately
pending shipping to a treatment facility. The shipping and treatment of the batteries is carried out
under EU Waste Shipment Regulations and a Transfrontier Shipment Notification (TFS) is required
to cover these movements.
There have been no recorded accidents or incidents at the HRC or the Energy Recovery Facility due
to single use lithium batteries
1.5Deputy H.L. Jeune of St. John, St. Lawrence and Trinity of the Chief Minister regarding cyber security risks (WQ 260/2024)
Hilary Jeune(Deputy H. Jeune of St. John, St. Lawrence and Trinity)
cyber security risks (WQ 260/2024)Question
“In relation to cyber security risks, will the Chief Minister advise –
(a) what measures and Government funding exists to protect public services, Government
departments and States Members;
(b) what training and support is provided to those using States of Jersey provided products and
applications; and
(c) which, if any, UK bodies the Government is working with in relation to managing these risks?”
Answer
a. The internal response to cyber security risks for Government provided systems and services is
managed by the Government of Jersey and led by Modernisation and Digital (M&D).
As part of increasing the cyber protection for Government departments and public services delivered
by the Government of Jersey, there has been investment in Cyber Security through capital funding
as part of the Cyber Security Programmes, as detailed in recent Government Plans. This investment
has delivered improvements, including a Security Operations Centre, monitoring systems events and
risk assessing alerts for remedial action.
Operational day-to-day technical protection measures for Government of Jersey systems are provided
by the Modernisation and Digital (M&D) technical operational teams and their work in ensuring
sufficient security measures are in place across Government devices. These technical protection
measures include firewalls, encryption, anti-virus and anti-malware software to name a few. These
are supplemented by the Security Standards and Policies which are in place across Government
public services and extend to subjects such as physical security and the role of all staff in maintaining
security.
The Jersey Cyber Security Centre (JCSC) is an arm’s length capability which promotes and improves
the Island’s cyber resilience, supporting the critical national infrastructure, public services, business
communities and citizens to prepare, protect and defend Jersey from cyber threats both at home and
abroad.
b. As part of the Government of Jersey’s corporate statutory and mandatory staff training, which
is available to States Members, there is a Cyber Security focussed training module which covers
important information related to keeping data safe, security awareness in the office, good password
practice and safe ways of using email. The training in place is in addition to the Security Standards
and Policies referred to earlier in the response which provides an additional layer of support to public
services which are in place across public services and extend to subjects such as physical security
and the role of all staff in maintaining security.
c. The Jersey Cyber Security Centre works closely with the UK National Cyber Security Centre,
which is the UK Government body which provides advice and support to the public and private sector
for the avoidance of computer security threats. In addition, Government departments and other public
bodies work closely with their UK counterparts. For example, the Jersey Competition and Regulatory
Authority (JCRA) and the Department for the Economy work closely with NCSC and the UK
telecommunications regulator OFCOM on matters of telecoms security. JCSC, States of Jersey Police
and the Financial Intelligence Unit - Jersey (FIUJ) also work and share intelligence with their UK
counterparts on wider matters related to national security, cybercrime, counter terrorism and
computer fraud. JCSC also engages with international bodies such as the Forum of Incident Response
and Security Teams (FIRST) of which NCSC is also part and co-operates directly with NCSC on
cyber incident response.
1.6Deputy I. Gardiner of St. Helier North of the Minister for Children and Families regarding the Government Care Leavers Offer (WQ 261/2024)
Inna Gardiner(Deputy I. Gardiner of St. Helier North)
regarding the Government Care Leavers Offer (WQ 261/2024)Question
“In respect of the Government Care Leavers Offer, will the Minister provide a detailed breakdown
of the annual budget and expenditure for the period 2020 to 2024, including any increases in
budget, and advise what plans, if any, he has to update the Care Leavers Offer, and if there are no
such plans, explain why not?”
Answer
Below are the budget v actual costs for years 2020 – 2024. 2024 is the full year budget but the
spend figure are the costs in the ledger from 01.01.24 – 30.06.24.
Year Budget £Actual Spend Variance£ £
2020 327,000 86,624 240,376
2021 486,000 483,561 2,439
2022 511,000 564,635 -53,635
2023 636,000 957,154 -321,154
2024 699,000 327,371 371,629 01.01.26 -
30.06.24
The increase in the budget provided each year accounts for the increase in the numbers of care leavers,
which is currently at 118. It is expected by the end of December 2024 to rise to 127.
The offer is currently under review and Jersey Cares have been commissioned to consult with are
leavers regarding the offer to support the review process. So far, there have a number of initiatives
completed with care leavers and young people to gain feedback on the current published care leaver
offer, but this work is not yet complete. The link to the care leavers offer is below and this sets out
the current offer to a young person in Jersey identified as a care leaver.
Guide for Young People Leaving Care
1.7Deputy I. Gardiner of St. Helier North of the Minister for Health and Social Services regarding the Health and Community Services Turnaround Team (WQ 262/2024)
Inna Gardiner(Deputy I. Gardiner of St. Helier North)
regarding the Health and Community Services Turnaround Team (WQ 262/2024)Question
“Further to his answers during questions without Notice on 6th June, in relation to the Health and
Community Services Turnaround Team, will the Minister advise -
(a) what actions have been completed by the Team since its formation in 2023;
(b) how the impact of the Team is assessed;
(c) the Team’s objectives and Key Performance Indicators for July to December 2024;
(d) the itemised costs for the Team from its formation in 2023 until 1st June 2024; and
(e) the agreed cost estimates for the Team for the remainder of 2024 and for 2025?”
Answer
(a) The Change team’s objectives were focused on supporting the clinical and operational
leadership teams to address the recommendations from the Review of Health and
Community Services (HCS) Clinical Governance Arrangements within Secondary Care
(R.117/2022), the actions set out by the Minister for Health and Social Services in response
to the review (R.117/2022 res; R.133/2022) and the financial and operational challenges.
This has included but has not been limited to:
• Support for executive and clinical leadership to prioritise and consolidate improvement
recommendations;
• Support to develop and implement an organisational culture programme;
• Identification of key clinical governance recommendations and related actions plans
working closely with clinical and operational teams and the Quality & Safety team;
• Support for the review and improvement of series incidents and complaints review
processes;
• Supporting processes to improve clinical governance, for example, adoption and
implementation of NICE guidelines, use of best practice and benchmarking standards;
• Supporting medical job planning;
• Support for identifying improvement actions with regards to safeguarding concerns;
• Support and expertise for the development of Board reports;
• Support and expertise for the development of the specialty improvement plans.
• Leadership on the Financial Recovery Plan
Below are examples of measurable actions that have been completed:
• The introduction of NICE and Royal College Guidelines as the default mechanism for care.
• Re -profiling of the complaints and patient feedback process. This has resulted in a
reduction in unresolved complaints from 84 (February 2023) to 11(July 2024) with only 4
complaints over seven days.
• Reviewed and implemented a weekly Serious Incident review process. This has resulted in a
reduction in unresolved serious incidents older than 12 months from 12 (February 2023) to
3 (July 2024) All of the remaining 3 are close to completion. 100% of Serious Incidents
have now a multi professional safety huddle with dedicated actions to ensure learning and
immediate change within 48hrs of the declaration.
• Maternity improvement:
o Establishment of a maternity improvement plan and continued support in delivering
the actions. This has resulted in 104 recommendations (out of 127) being fully
completed (as of July 2024) with evidence of sustained improvement with an
embedded assurance process developed.
o At the Coroner's Inquest relating to the death of a baby The Coroner highlighted that
changes had taken place within the maternity service and because of the changes
The Coroner did not issue a Prevent Future Death ruling (This ruling can occur
when the coroner does not believe that significant improvement actions have taken
place)
o Year on Year improvement in Jersey maternity patient survey results.
o Contribution and leadership support to produce the Maternity Strategy.
• Establishment of Ward level Care Assurance Process. The introduction of weekly Chief
Nurse and Senior Nurse presence on wards and the introduction of monthly peer reviews of
Clinical areas has resulted in the following:
o Tissue viability improvement in care 0.6 incident per 1000 bed days (February 2023)
reduced to 0.4 incidents per 1000 bed days (July 2024);
o Reduction in care related complaints;
o Reduction in number of Falls with Harm reported;
o Increased number of compliments received;
o Sustained high levels of compliance with Infection Control indicators C.Diff and
MRSA
o Improved inpatient survey results 2023/2024
• Establishment and clinical leadership support for the Medicines Improvement plan in first
half of 2024 (on-going).
• Establishment of a new procedure for Medical Appraisal in partnership with Wessex
Appraisal services.
• The Job planning process has been reviewed. The job planning process for 2025 will
commence with external scrutiny and oversight in August 2024.
• Introduction and establishment of Executive Lead monthly Clinical Governance review
process which includes the monthly review of Clinical Incidents, complaints, claims,
Clinical care indicators, National audit compliance, NICE and Royal college
recommendations and benchmarking compliance all triangulated against the JCC Safe
Assessment Framework Standards. Future work will involve additional items, such as
compliance reporting, organisational learning, evidence of change and improvement.
• Introduction and implementation of a Statutory and Mandatory training Framework.
Monitoring of compliance will be undertaken regularly.
• Review and reprofile of the HCS safeguarding committee included:
o A full review of all legacy (up to 10 years old) outstanding Serious Case Review
Recommendations. The review ensured all legacy actions were completed and
evidence of implementation provided. A bimonthly process has been established to
maintain scrutiny and oversight of recommendations
• Support for the island-wide Safeguarding Partnership Board which led to a reduction in
recommendations that had not been addressed or implemented. As of July 2024, all
indicators that are not fully met yet are underway for completion with a positive peer review
undertaken.
• Professional and Leadership support for Interim Chief Nurse including
o JCC inspection preparation;
o Development of improved care metrics for on-going monitoring;
o Development of ward leadership programme for senior Nurse Leaders;
o Review of Education processes to promote on-island nurse recruitment;
o Proactive links made with outstanding UK NHS Trusts for peer support;
o Opportunities for shadowing and leadership arranged for senior nurses, members of
the safeguarding/complaints team and board secretary. A peer-to-peer learning visit
was arranged for the patient safety team who visited an outstanding Trust to review
the incident process.
• Culture and workforce
o Support for reconciling key worker accommodation;
o Identification of contract harmonisation need (now being progressed by Interim
Director of HCS Workforce)
o Implementation of listening events in Maternity which acted as a catalyst for the
culture plan.
o Mentoring of senior HR team
o Supporting the development of the cultural change programme
o Supporting recruitment plans
• Financial Recovery Plan – Objectives and Deliverables in 2023
(b) The impact of change team members is being assessed on a regular basis by the Chief
Officer, HCS through 1:1s and weekly team meetings with the change team members and
the executive team to review and maintain progress. Improvements supported are also
visible in the HCS Advisory Board and Senior Leadership Team meeting papers and
contributions. The answers in (a) are key performance indicators of impact.
(c) Below are the specific change team objectives and Key Performance Indicators for July to
December 2024 for the two change team members in post, Chief Nurse Lead and the
Director of Finance/FRP lead. The replacement for the Medical Director Change lead is
currently in process to focus on consultant job planning and mentoring medical leaders until
December 24.
Chief Nurse Lead:
Ensure the ongoing sustainability of processes related to:
o Maternity
o Safeguarding
o Complaints
o Nurse Quality care indicators
o Serious incident review management
o Clinical Governance review assurance
o NICE compliance
o Embed National Audit programme
In addition:
o Work with the HCS compliance team to ensure organisational readiness for
JCC inspection of the hospital;
o Ensure launch of the Nursing Strategy;
o Support the implementation of the Nurse Associate programme;
o Maintain improvements within the Medicine Improvement plan in line with the
success of the Maternity improvement plan;
o Support the review of the nurse establishment.
Director of Financial Recovery
Ensure the delivery of the Financial Recovery Plan (FRP) and the on-going sustainability of processes
for financial management, including:
o Delivery of £5,000,000 FRP savings;
o Delivery of FY24 Budget of £24.5m deficit.
(d) Expenditure for the Change Team from its formation in 2023 until 1st June 2024 were:
£880,000 in 2023
£370,000 for the period 1 January to 30 June 2024
The agreed cost estimates for the change team are £375,000 for the period 1 July to 31 December
2024. For 2025, no budget has been set yet.
1.8Deputy M.B. Andrews of St. Helier North of the Minister for Social Security regarding legislating for a maximum number of hours to be worked by a person across a designated period of time (WQ 263/2024)
Max Andrews(Deputy M.B. Andrews of St. Helier North)
legislating for amaximum number of hours to be worked by aperson across adesignatedperiod of time (WQ 263/2024)Question
“Will the Minister advise what consideration, if any, has been given to legislating for a maximum
number of hours to be worked by a person across a designated period of time and, if no consideration
has been given, why not; and will the Minister further advise whether she is aware of any cases
involving the exploitation of workers who are forced to work long hours?”
Answer
On coming into office, I sought to identify areas where Jersey employment legislation is lagging
behind other countries. I am also prioritising the existing decisions of the Assembly including, in
this area, a review to identify appropriate whistleblowing protection for local employees.
Whereas it is true that there is no local legislation in respective of maximum working hours, we do
have protection for employees in term of rest breaks during a working day, rest days across a weekly
cycle and paid annual leave. Each of these applies to all employees from the first day of employment.
Employers are also subject to a common law duty of care towards their employees, including the
duty to take reasonable steps to safeguard their employees’ health and safety. The overriding
requirement is to balance protections and rights with sufficient workplace flexibility for businesses
and employees in Jersey. I am confident that the law as it currently stands strikes a good balance.
I am not aware of any cases of the exploitation of an employee in terms of hours worked. If the
Deputy has such evidence, I encourage him to provide details so it can be investigated. However, in
the absence of any local issues being raised, at present this is not an area that I am earmarking for
review.
In my evidence to the Scrutiny Panel in May 2024 I discussed various areas where I will be looking
to update employment protection including improved compensation awards to employees and a
future review to consider the provision of statutory leave to support workers who are ill or have caring
responsibilities.
1.9Deputy M.R. Scott of St. Brelade of the Chair of the Privileges and Procedures Committee regarding a breakdown of the membership of the Privileges and Procedures Committee (PPC) Diversity Forum Sub- Committee in terms of diversity (WQ 264/2024)
regarding abreakdown of the membership of the Privileges and Procedures Committee(PPC) Diversity Forum Sub- Committee in terms of diversity (WQ 264/2024)Question
“Will the Chair –
(a) provide a breakdown of the membership of the Privileges and Procedures Committee (PPC)
Diversity Forum Sub-Committee in terms of diversity (including, but not limited to, race, ethnicity,
gender, gender identity, sexual orientation, age, social class, physical ability or attributes, religious
or ethical values system, national origin, and political beliefs) compared to the membership of the
States Assembly and the population of Jersey; and
(b) outline what measures PPC and the Diversity Forum are taking to ensure that it is engaging
with and effectively representing those people who are not represented or who are underrepresented
on the Sub-Committee?”
Answer
(a) PPC does not formally monitor or record the characteristics of Diversity Forum Members,
although, informally, attempts were made when constituting the Sub-Committee to ensure it was
diverse and representative; and PPC is aware of some of the characteristics of Sub-Committee
Members.
There are currently 8 members of the PPC Diversity Forum Sub-Committee. Of these, and as far as
the PPC is aware, 6 identify as female and 2 identify as male. The average age of members on the
Diversity Forum Sub-Committee is 50 which compares to the average age of Members in the States
Assembly of 58. The Census Report on the 2021 Jersey Census (R.45/2023) states the mean average
age of Jersey residents was 42.3 years, the median average was 43 years with female residents having
a slightly greater median age (44 years) than male residents (42 years).
With regards to the other matters raised of race, sexual orientation, age, social class, physical ability
or attributes, religious or ethical values system, national origin, and political beliefs, the PPC does
not hold this information. We have two Members within the Assembly who have spoken openly
about being part of the LGBTQ+ community but we do not collate such information specifically.
Similarly, some have shared information about their disabilities which they themselves would not
wish to be broadly known. The PPC does not believe that this is something for it to convey and it is
a matter for the Members concerned how, and with whom, they wish to share this information. Whilst
it’s vital we have a diverse Assembly with Committees and Panels which reflect the make-up of our
community, we should also respect the privacy of Members, when they do not wish to disclose this
information.
(b) The PPC does not believe at this time that minorities are underrepresented on the Diversity
Forum Sub-Committee and, when established, the Sub-Committee was open to any Member who
wished to join. The Diversity Forum Sub-Committee recently met with members of Liberate Jersey
and discussed building diversity for voters and engaging with politics. Rebuilding trust in
marginalised communities within Jersey was also discussed with research due to take place on
enquiring as to what was currently in place to protect women and those in minority groups; following
which, the Diversity Forum Sub-Committee will endeavour to undertake further work. The Diversity
Forum Sub-Committee has recently approved the appointment of Deputy Malcolm Ferey, to join as
a member. The Sub-Committee is also aware that the Assistant Chief Minister, Deputy Carina Alves,
has been given responsibility within Government of working towards raising the profile of diversity,
equality and inclusion over the next 2 years and it is very much hoped that cross-governmental
working in these areas will be a priority with Deputy Ferey’s appointment acting as a conduit between
the Sub-Committee and Government, allowing insight into these areas and how they are being
developed as policy.
1.10Deputy J. Renouf of St. Brelade of the Minister for Health and Social Services regarding staff in the Health and Community Services department (WQ 265/2024)
staff in the Health and Community Services department (WQ 265/2024)Question
“Will the Minister advise –
(a) how many staff in the Health and Community Services department are currently suspended;
(b) how long each such member of staff has been suspended; and
(c) how much the Department has spent paying staff who have been suspended in each of the
last 5 years?”
Answer
(a) There are no staff suspensions currently in Health and Community Services
(b) Not applicable as there are no current suspensions
(c) Please see the table below confirming the payment made for suspensions in each of the last
5 years.
Year Cost
2019 £77,809.35
2020 £130,236.18
2021 £132,891.42
2022 £243,961.08
2023 £205,393.30
Total £790,291.32
1.11Deputy H.L. Jeune of St. John, St. Lawrence and Trinity of the Minister for Health and Social Services regarding the Royal College of Physicians report (WQ 266/2024)
Hilary Jeune(Deputy H. Jeune of St. John, St. Lawrence and Trinity)
Social Services regarding the Royal College of Physicians report (WQ 266/2024)Question
“Further to the Minister’s response to Oral Question 121/2024 regarding the Royal College of
Physicians report, will the Minister advise –
(a) whether he has read the report and whether he accepts all of the report’s recommendations and,
if not, which recommendations he does not accept;
(b) whether he will be actioning the recommendations according to the timetable set out in the
report and, if not, what timetable will be followed; and
(c) what role he has in relation to ongoing reviews such as this within his department?”
Answer
(a) whether he has read the report and whether he accepts all of the report’srecommendations and, if not, which recommendations he does not accept;
I can confirm that I have read the Royal College of Physicians (RCP) Report from the Invited
Review of Rheumatology, and that I accept all of the recommendations contained within it.
(b) whether he will be actioning the recommendations according to the timetable set out inthe report and, if not, what timetable will be followed; and
A detailed update report was published yesterday (22 July), with the HCS Advisory Board papers.
This provides information on each of the RCP recommendations, and the progress made to date. The
HCS Advisory Board report confirms that all of the ‘immediate’ recommendations were completed
before the January Board meeting. Nine of the of the ‘short term’ and three of the ‘medium term’
RCP recommendations have been fully implemented, and a further eight ‘short term’ and two
‘medium term’ recommendations are significantly developed.
(c) what role he has in relation to ongoing reviews such as this within his department?
As Minister for Health & Social Services, I am ultimately accountable for those services which are
provided to Islanders. I take this accountability seriously; a key element of this is ensuring I am
regularly briefed by Officers, including the Medical Director and Deputy Medical Director, regarding
any reviews that are ongoing, and those that are planned, within Health & Community Services.
1.12Deputy S.M. Ahier of St. Helier North of the Minister for Infrastructure regarding the fountains at Les Jardins de la Mer (WQ 267/2024)
Steve Ahier(Deputy S.M. Ahier of St. Helier North)
fountains at Les Jardins de la Mer (WQ 267/2024)Question
“Will the Minister advise when the fountains at Les Jardins de la Mer will be turned on for the
summer holidays and, if this is not the intention, will he explain why not?”
2.Oral Questions
No contributions recorded for this item.
2.1Deputy G.P. Southern of St. Helier Central of the Minister for Health and Social Services regarding use of the drug Kaftrio in the treatment of a specific mutation of cystic fibrosis (OQ 154/2024):
regarding use of the drug Kaftrio in the treatment of aspecific mutation of cystic fibrosis(OQ 154/2024)
Further to the recent use of the drug Kaftrio in the treatment of a specific mutation of cystic fibrosis,
will the Minister advise what mechanisms, if any, are in place to provide this treatment to other
patients suffering from this long-term condition?
There is a mechanism in place that can facilitate the provision of treatment for the specific condition
mentioned by the Deputy. It is the same one that was deployed in the case referred to in this question.
Given that the treatment involves a very high-cost drug, the patient’s clinician is required to submit
an independent patient funding request, or I.P.F.R., to the I.P.F.R. panel. In the event that that does
not prove successful, the clinician can then refer it to a separate I.P.F.R. appeal panel. This was the
route taken recently for the first successful applicants, and I remain grateful to the Deputy for raising
the issue in the Assembly, given that it gave rise to the successful appeal. Through this process,
which applies to all such drugs, it is not unusual for a trial period to be approved so that the
effectiveness of the treatment can be assessed and, in the event of it proving successful, ongoing
treatment can then be sanctioned. Finally, I am happy to inform the Assembly that in this initial case
the treatment has worked well and the ongoing treatment has been approved. In addition to that, 2
further patients have now been approved for a 3-month trial period. I think it is safe to assume that
the application mechanism we have in place is working appropriately.
Deputy T.J.A. Binet of St. Saviour (The Minister for Health and Social Services):
Just in general, to what extent do the U.K. (United Kingdom) N.I.C.E. (National Institute for Health
and Care Excellence) guidelines apply in Jersey and how independent is Jersey in order to assess
such treatments?
I am aware that Deputy Southern keeps a very close eye on this and, as I have stated, I am grateful
to him for doing so. There has been some correspondence in the middle of August relating to this.
It is not a matter I have had a chance to address but I have got an appointment with the deputy medical
director on Monday to go into that in more detail. So, I am very happy to keep the Deputy informed
as things progress.
2.2Connétable K.C. Lewis of St. Saviour of the Chief Minister regarding sharing the cost of a mail plane with Guernsey (OQ 153/2024):
Narrative(Narrative)
2.2 Connétable K.C. Lewis of St. Saviour of the Chief Minister regarding sharing the cost ofa mail plane with Guernsey (OQ 153/2024)
Further to the news that Guernsey may lose its mail plane due to Royal Mail funding cuts, will the
Minister consider engaging with his Guernsey counterparts to discuss sharing the cost of a mail plane
to both Islands; and if not, why not?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
The short answer to that is yes, the Government would consider opening discussions along those
lines. However, Government has not previously funded this service and there is no provision to do
so, although successful talks could lead to a new provision being found. I have since discovered that
the cost is no longer viable given the significant drop in the delivery of mail to and from the Island.
The annual costs for a mail plane was £6 million per annum with £1.2 million being covered by the
Post Office in Jersey and the rest by Royal Mail, so I think commercially, while I am prepared to
have discussions with Guernsey, being realistic, I think, it is going to be commercially unviable.
Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter (The Chief Minister):
No contributions recorded for this item.
2.2.1The Connétable of St. Saviour:
Kevin Lewis(ConneÌtable K.C. Lewis of St. Saviour)
I thank the Chief Minister for his answer, but there are many daily flights from the U.K. - British
Airways and many other flights - on a daily basis. Could some arrangement be made so that they
could carry the mail to both Islands, obviously supplemented by both Islands?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
I am not sure what the freight carrying capacity arrangements in relation to the commercial air
passenger services are, but I know officials have discussed the matter with the Post Office, who feel
that the new arrangements have settled down well with no disruption to the service. But I will
undertake to have those discussions and report back to the Constable.
2.3Deputy B.B. de S.DV.M. Porée of St. Helier South of the Minister for Sustainable Economic Development regarding guidelines to small businesses to transition to the ‘living wage’ (OQ 149/2024):
Beatriz Porée(Deputy B.B. de S.DV.M. Por�e of St. Helier South)
Economic Development regarding guidelines to small businesses to transition to the‘living wage’ (OQ 149/2024)
Further to the announcement that the minimum wage will be set as a ‘living wage’, will the Minister
advise what guidelines will be provided to small businesses to ensure that they are fully aware of all
the steps they are required to take to access the proposed Government package to help employers
transition to a higher minimum wage; and when will the guidelines be available?
Economic Development)
I thank the Deputy for her question. Further information on the Living Wage Transition Fund will
be published in the coming weeks. This will let businesses know more detail about the different
packages available, the activity that grants will look to support and the application process. All
details on the process will be communicated to businesses, including small businesses, by the end of
the year, to raise awareness of the support available ahead of the grants going live in January next
year. In the meantime, we have been, for a number of months, liaising with professional bodies in
the Island, such as the Chamber of Commerce, the Jersey Farmers Union, the Hospitality Association,
et cetera, to apprise them of the details, so that they can inform their members as well.
[9:45]
Deputy K.F. Morel of St. John, St. Lawrence and Trinity (The Minister for Sustainable Economic Development):
No contributions recorded for this item.
2.3.1Deputy I. Gardiner of St. Helier North:
Inna Gardiner(Deputy I. Gardiner of St. Helier North)
Thank you for the Minister for giving details for the businesses and small businesses. Would the
Minister advise if the charitable sector would be included in this Living Wage Transition Fund?
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
Very good question, I thank the Deputy for that question. The answer is that, yes, charitable
organisations will be able to access at least some of the funds, and the reason I say at least some of
them is because one of them, for instance, is a revamped Tourism Development Fund, so that would
be for visitor economy businesses. Unless there is a charitable organisation operating within the
visitor economy, it then would not be able to access that fund. But certainly other ones, such as
productivity support, scheme training and so on, they will be able to access it.
2.3.2Deputy I. Gardiner:
Inna Gardiner(Deputy I. Gardiner of St. Helier North)
Thank you for the Minister, and it is good news that the charitable sector would be included. I know
until now it was engagement with the businesses and the Minister had meetings. Have any meetings
taken place to explore transition to the living wage with the charitable sector?
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
Personally I have not had any personal meetings with them. I would have to check with officers as
to whether they have had or not but I will find out and be able to tell the Deputy. I fear the answer
is actually we have not.
Building on that question, can the Minister give assurances that the funds that will be put in place
will be available and targeted, not just at the obvious rural economy and hospitality sectors, but at all
businesses, particularly small businesses operating in other sectors so that they are also targeted and
made aware of the possibility?
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
What I can say is that is absolutely the case, that certainly certain elements of the funding will be
available to all businesses in the Island and there will not be a distinction as to whether they were a
minimum wage payer before or not. The opportunity that arises with this move to the living wage is
the opportunity to move towards a more resilient and robust economy. We want to do that by helping
businesses become more productive and therefore taking away some of their reliance on labour,
which should therefore reduce the impact of the minimum wage. Funds such as the productivity
support scheme will be absolutely available to all businesses, particularly small businesses, and they
are the ones that we would be seeking to support. So there will not be the case that some businesses
will not be able to. But obviously, where there are themed funds, such as the aforementioned Tourism
Development Fund, that would be only for businesses within that sector of the economy. But the
productivity support scheme will be available to all.
I wonder if the Minister could explain a little bit more about the way in which he is going to ensure
that the funds are targeted in such a way that they do not disadvantage businesses that are already
paying the living wage and will now be competing with businesses that are being subsidised to pay
the living wage.
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
I am very pleased with that question and I thank the Deputy. The reason is because the Deputy used
the word ‘subsidy’ and the whole point of this support scheme is that it is not a subsidy and it is not
targeted solely at businesses that pay the living wage or currently pay the minimum wage. The
support scheme is there to help businesses, organisations and employers become more productive,
and that is where the opportunity to have a more resilient and productive economy lies. These funds
will be available to all organisations that employ people, and there will be no distinction as to whether
the organisation paid the minimum wage or did not pay the minimum wage. This is neither the
subsidy for the minimum wage, it is grant giving to enable businesses to become more productive
and resilient.
Sir Timothy Le Cocq(The Bailiff)
I have Deputies Jeune, Southern, Ozouf and Warr. No further supplemental questions. I am sorry, I
am not taking any further beyond that.
Steve Ahier(Deputy S.M. Ahier of St. Helier North)
I am sorry, Sir, I pressed my button and I thought you nodded towards me.
Sir Timothy Le Cocq(The Bailiff)
I am afraid there were a number of people who pressed their buttons and unless I absolutely fix your
eyes and nod towards you, Deputy Ahier, I am afraid I did not actually see you. It is one of those
things.
2.3.5Deputy H.L. Jeune of St. John, St. Lawrence and Trinity:
Hilary Jeune(Deputy H. Jeune of St. John, St. Lawrence and Trinity)
Deputy Renouf and then the Minister’s answers actually helped with a number of questions; so very
short. The Minister mentioned that it would be grants. Will there be a mixture of grants and loans -
we are about to talk about agricultural loans later - or will it just be grants within this package?
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
I thank the Deputy for the question. At the moment it is envisaged to be a matched grant, so a
proportion paid by the employer and to some extent matched by the Government. That is how it is
envisaged at the moment, but the actual ... with what we are looking at, at the moment, it is perhaps
something along the lines of 75 per cent from the Government, 25 per cent from the employer.
A minor question but it might be an important one. I thought I heard in the Minister’s answer him
refer to information will be available in the coming weeks, plural, and it might have been week,
which is a vast difference. Which was it? Was it in the coming weeks or coming week?
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
I thank Deputy Southern. It is weeks, plural; so end of this month, beginning of next month.
Deputy Southern has asked the same question as I would, but may I just clarify, for the avoidance of
any doubt - I am just looking at Standing Orders in the Public Finances Law - there are limitations
on the ability for Members to amend propositions brought by the Council under the Public Finances
Law, this presumably deals with funds and other matters. Could the Minister clarify beyond doubt
kindly whether or not all of the information for the setting up of all of the funds and the detail will
be available in that month that he says, because we are 11 weeks away from the Budget and there are
limitations about when things can be amended? I think that is what Deputy Southern was wanting.
So could he maybe set out a timetable of what is going to come out when, so Members are clear?
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
I thank the Deputy because I think that is an excellent request, and certainly we will make all that
detail available. Like I said, it should be at the end of this month, beginning of next month.
The Minister said ... I know he is being careful. He said “should be”. Will he upgrade that to a “will
be” in order to facilitate the Assembly being able to make necessary scrutiny arrangements and
amendments as necessary?
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
I say “should” purely because if a piece of information was missing at the point of publication then
that is why I say it. So the intention is that all the information will be available. In the event that an
error means that something is not available, that is why I say should. The intention is absolutely to
make it all available to everybody in the States Assembly and outside. There is no intention to hide
anything or hold anything back, but obviously sometimes errors occur and that was the sole reason
for the word “should”.
The Minister has mentioned about ... we are talking about the transition to a living wage and talked
about productivity gains. Are there any support mechanisms in place or will there be some in place
for those employees unfortunate enough to lose their jobs as a result of these productivity gains?
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
That would be a question better placed for the Minister for Social Security. From the perspective of
this support scheme, I do not believe there is any element which is aimed at employees who lose jobs
as a result of it. They would be passed into the social security system and would gain access to
funding that way, not through this support scheme.
2.4Deputy H.L. Jeune of the Minister for Infrastructure regarding the role of the Jersey Development Company in the redevelopment of Fort Regent (OQ 166/2024):
Will the Minister clarify the role of the States of Jersey Development Company in the redevelopment
of Fort Regent, including details of who will finance any work, under which specific budget it will
fall, what deliverables have been agreed with the company, and when the Assembly will have sight
of any proposed plans?
I thank the Deputy for her question. The Fort is at a crossroads in its life, and successive Governments
have grappled with bringing forward a viable plan that will ensure its future as an asset for Islanders
and visitors to enjoy. We are working along similar lines to the previous Government. At the
Regeneration Steering Group’s first meeting in May this year, it was agreed that the States of Jersey
Development Company would take on the role of project manager to develop new plans aimed at
breathing life back into Fort Regent in a way that is both sustainable and viable. At this time, States
of Jersey Development Company’s role is to progress plans for essential refurbishment works to the
structure, while simultaneously developing a viable plan for its future use, which will be consulted
on. That planning work is being funded by the States of Jersey Development Company, utilising the
remaining funds from the College Gardens development, and the longer-term funding for the delivery
of the project remains under consideration and will be brought to the Assembly in due course.
Connétable A.N. Jehan of St. John (The Minister for Infrastructure):
No contributions recorded for this item.
2.4.1Deputy H.L. Jeune:
Hilary Jeune(Deputy H. Jeune of St. John, St. Lawrence and Trinity)
Could the Minister confirm whether all the land currently comprising Fort Regent will remain under
public ownership once the regeneration of Fort Regent begins, and whether any part of it is planned
to transfer to S.o.J.D.C. (States of Jersey Development Company)?
What consultation or input will the likes of Jersey Heritage and perhaps other organisations, like the
National Trust, but predominantly the former, have in the plans for developing or regenerating Fort
Regent?
The organisations mentioned by the Deputy clearly are key stakeholders. The Fort is not only a great
asset to us, it is an important historical monument for the Island. In fact, it is one of the best examples
in Europe. We will be consulting widely with key stakeholder groups, including the 2 mentioned by
the Deputy, and a wider group as well.
Has consideration been given to the somewhat radical idea of reverting Fort Regent to become
primarily, and perhaps even exclusively, a historic fort and nothing else?
I believe that the Fort can provide a lot more than being an historic monument. There is lots of
opportunity for both Islanders and visitors alike at the Fort, and for us to maintain the Fort and make
sure that it is viable, we need to make sure that it is revenue incoming, thank you.
The Minister said that the project would use funds from the College Garden development. Does the
Minister agree it would be better for S.o.J.D.C. to return profits from any developments to the
Government who could then redisperse either to S.o.J.D.C. or other developers for Fort Regent with
greater transparency?
It is an interesting question. We were looking for funding for this project and we have identified the
monies from the College Gardens development as being suitable to carry on with the work. What
we want to do is proceed as quickly as we possibly can.
Will the Minister commit to ensuring then that any proposed costs borne by the States of Jersey
Development Company for feasibility, planning and predevelopment work are published in advance
of that work and shared with Members of the States Assembly, in the same way that feasibility
projects within the Government are on page 54 of the Budget 2025?
I think that is an important point that the Deputy raises. As I mentioned earlier, the longer-term
funding for the delivery of the project remains under consideration before it is brought back to the
Assembly, and I would imagine when it is brought back to the Assembly we will explain what has
been spent by this Government to date.
2.4.6Deputy L.K.F. Stephenson of St. Mary, St. Ouen and St. Peter:
Lucy Stephenson(Deputy L.K.F. Stephenson of St. Mary, St. Ouen and St. Peter)
Does the brief given to the S.o.J.D.C. include the return of sport to the Fort and, if so, in what
capacity?
It is certainly my intention that there will be an element of sport at Fort Regent. I think it is too early
to say the details of that but certainly I know an area that the Deputy and I are both keen on is having
some skate facility in St. Helier, and that is certainly part of the brief.
2.4.7Deputy L.K.F. Stephenson:
Lucy Stephenson(Deputy L.K.F. Stephenson of St. Mary, St. Ouen and St. Peter)
Does the Minister believe that there is still a need for large, flexible indoor public spaces such as
those currently provided at the Fort by the Queen’s and Gloucester Halls for our sporting community
as well as for others?
Inna Gardiner(Deputy I. Gardiner of St. Helier North)
Following the brief that was given to S.o.J.D.C., the brief identified that the ramparts and outdoor
spaces will continue to be freely accessible as a public space in St. Helier.
Today we are talking about Fort Regent, and that is what I am here to talk about.
Sir Timothy Le Cocq(The Bailiff)
Yes, I was about to say that was, I think, so perilously close it actually crossed the line to not being
directly relevant to the question, so I do not allow that.
2.5Deputy L.M.C. Doublet of St. Saviour of the Minister for Education and Lifelong Learning regarding the publication of the Early Years nursery provision action plan (OQ 165/2024):
Learning regarding the publication of the Early Years nursery provision action plan (OQ165/2024)
Will the Minister state whether he intends to publish a report detailing the Early Years nursery
provision action plan as set out on page 10 of the Government Plan 2024-2027; and if not, why not?
Robert Ward(Deputy R.J. Ward of St. Helier Central)
I thank the Deputy for her question. While this was a commitment in the previous Government Plan,
I will be pleased to provide the Assembly with an action plan on early years’ provisions. It will
provide details of and progression against the ambitions I have set out in the Common Strategic
Policy. Currently, I have asked officers to prioritise delivery of a series of pilots that show that we
can make a positive impact at pace. I will present the plan by the end of October to help inform the
debate on the Budget, which includes the financial implications of these plans.
Deputy R.J. Ward of St. Helier Central (The Minister for Education and Lifelong Learning):
I am pleased that the Minister is intending to produce this action plan. Could he outline whether his
long-term vision would be contained within that, and give us some insight as to what the long-term
vision for early years is beyond the targeted 2 to 3 funding that is in the current proposals?
Robert Ward(Deputy R.J. Ward of St. Helier Central)
The crux of that plan would be to focus on the aims of the C.S.P. (Common Strategic Policy) and the
delivery of 2 to 3 year-old spaces and increased provision that is both sustainable and appropriate for
what we need on the Island. Beyond that, extending that into lower ages - is the best phrase I can
think of - babies and so on, would absolutely be an ambition and aim. Whether that will happen
before the end of this term, being realistic, I am not so sure because we have a lot of work to do in
providing the nursery provision first. As the Deputy knows, it can be a challenging area because of
the nuances of increasing that need and making it a sustainable provision in the long term.
My panel brought this amendment to the Government Plan with the intention of enabling the
department to have sufficient time to compose a plan, and we consider a deadline would be beneficial.
Bearing in mind that an extension of childcare is a principal aim of this Government, does the
Minister not think that this should have been prioritised and continue to be prioritised?
Robert Ward(Deputy R.J. Ward of St. Helier Central)
I thank the Deputy. There are 2 types of priority. There is prioritising producing plans and ideas and
there is prioritising delivery of actual actions. I have prioritised the delivery of actions which we will
be reporting on, and I am quite happy with that.
Will the Minister confirm that the plan will have included full consultation with all nursery providers?
Robert Ward(Deputy R.J. Ward of St. Helier Central)
Yes, it absolutely does. There was communication with all nursery providers that is ongoing.
However, we also need to lead in terms of the nursery provision that is required, and that will mean
actually starting pilots, testing their appropriateness, whether they are working, whether they are
sustainable, and then trying to engage everybody so that we can increase that provision. We have a
very wide provision of nursery on the Island, from private to schools to third sector, which is probably
the wrong term, but I think everybody knows what I mean by that. We have to bring all of those
together in terms to do that work.
2.5.4Deputy I. Gardiner of St. Helier North:
Inna Gardiner(Deputy I. Gardiner of St. Helier North)
The Minister in his answer used the word “realistic”. Would the Minister advise to the Assembly
what he see as realistic to deliver by 2026 within this.
Robert Ward(Deputy R.J. Ward of St. Helier Central)
I am pleased with that question because it is about realism but within that realism there must be some
ambition, and the ambition is to deliver a sustainable structure of nursery provision for 2 to 3 year-
olds so that we can introduce a N.E.F. (Nursery Education Fund) provision. At the moment, the plan
is 15 hours because that will help parents. I think that by piloting, by engaging in the way that we
are, by looking at where that provision is, we will be able to do that. Plus it will also uncover what
that provision actually is. I personally believe that if we provide more nursery places, make them
available for 2 to 3 year-olds, there may be families that at the moment are not saying that they want
nursery provision, but when it is there they may want to use it. Those numbers may change as well
so we have to be adaptable and realistic but the ambition is by 2026 I hope that we can introduce the
15 hours of N.E.F. funding. But we will do that as appropriate.
2.5.5Deputy I. Gardiner:
Inna Gardiner(Deputy I. Gardiner of St. Helier North)
Just making sure that I understood correct, that the ambition and hopefully realistic is to introduce
15 hours N.E.F. for 2 to 3 year-olds. When I looked into the Government Plan, and I would like to
check if the budget is realistic or we would need to require more budget; the rough calculation N.E.F.
to 3 to 4 year-olds is approximately just under £4 million, which half of it will require £2 million for
15 hours. We know that 2 to 3 year-old provision is more expensive to deliver than 3 to 4 year-old
provision. What budget does the Minister have in mind to deliver 15 hours 2 to 3 year-old provision.
Robert Ward(Deputy R.J. Ward of St. Helier Central)
The C.S.P. revenue expenditure growth table for extended nursery and childcare provision puts aside
£1.517 million in 2025, £2.358 million in 2026, £3.423 million in 2027 and £4.629 million in 2028.
So money has been put aside to address nursery provision as that provision grows. Plus also we will
go through another process of government funding next year, and if the provision is in place before
2026 there will be an opportunity there. I will say, and I am going to say it again, I keep saying it
about education, I do not like the word ‘cost’. I think we should use the word ‘investment’. So if we
have to go for more investment in this, it is a good investment, it is a good investment for our families,
it is a good investment for our young people, it is a good investment for our economy and therefore
it is a good investment for our Island.
The ambition of the Minister is undoubted. I am aware, I think, that there was an indication that the
plan would be available by 1st September, and we are past that. But I wonder whether the Minister
could inform the Assembly that in order to deliver nursery as is envisaged, the staff will be required
in the nurseries that are going to be funded there. What is the Minister’s view of the capacity,
availability and actions they are going to take in order to ensure that the staff are there; moreover,
that they are appropriately remunerated?
Robert Ward(Deputy R.J. Ward of St. Helier Central)
I do thank the Deputy because it gives me a chance to plug the campaign that we will be starting very
soon for early years’ recruitment. I recorded a little piece myself. Perhaps Members can ignore that
piece and move on to the more detailed piece. But certainly, one of the successes, for example, was
to recruit teaching assistants in a similar way. So we are using the same process to look at recruiting
for early years. The number of places of training in early years at Highlands College has increased.
Please do not ask me the number because I genuinely do not know it off the top of my head. We also
though want to try and attract a different demographic. There will be people who are returning to the
workplace who may want to get involved with early years and train to that satisfying role with dealing
with our young people. There may be certain people who have brought up their own families, are
returning to work and have skills that with a bit of training they can use within this sector. I think
there is a demographic, there is a workforce outlet that we can attract. Of course one of the benefits
of a living wage is exactly that, in all of our sectors we will have a living wage.
I thank the Minister for his reply but I wonder whether or not he would assist me and other Members
in providing some data. We all laud his ambition to get locals into childcare; that sounds a great idea.
But the reality is that there is going to be inevitably a requirement for inbound migrant workers. Is
he able to provide some statistics of the split of existing childcare workers? How many are local?
How many are under the 5-year rule? How many are subject to work permits? How that might
change even despite his ambitions. If he could set out what his ambitions are in terms of local
recruitment.
Robert Ward(Deputy R.J. Ward of St. Helier Central)
The simple answer is no, I cannot produce that here at this moment. That is an interesting piece of
data, I think exactly the type of data we will be looking at because we need that if we are going to
train our own. We will always have a balance between those coming on to the Island to work, those
who are training here, but one of the things I do want to target is those who live on-Island and might
want to return to work and enter that sector. Because the simple reason is that they are already living
here, they have housing, they may have families, there is a stable workforce, and it is also a workforce
that can train here. I have no problem with workers coming from abroad, we will always need that
to some extent. But I think that balance will be there. In terms of the data and what that balance is
now and what it will be into the future, I have to say I think that will be a very transient number
because it depends on what we need and how successful we are in the provision of nursery places.
Just to make sure my question was answered, I did just ask the Minister kindly to produce the data,
not on his feet, but could he commit to at least producing the data that is now, which was the subject
of my question?
Robert Ward(Deputy R.J. Ward of St. Helier Central)
I would ask the Deputy to email me with the specifics of what data he is talking about because, if I
am honest, I cannot remember what he said.
2.5.8Deputy H.L. Jeune of St. John, St. Lawrence and Trinity:
Hilary Jeune(Deputy H. Jeune of St. John, St. Lawrence and Trinity)
From the Minister’s answers to Oral Question 142/2024 in the States Assembly on 16th July, the
Minister made it very clear that the parents need to sign up to nursery places in February and March
for the following September, so any actions that would happen would have to focus on February and
March. So could the Minister give assurance to parents that there will be changes in February and
March and there will be progression? Not an action plan but actually action, and we will see this in
February and March when those places will come up for September 2025, and if not why not?
Robert Ward(Deputy R.J. Ward of St. Helier Central)
The simple answer is yes, but on top of that it depends what you mean by nursery places. If you
mean 2 to 3 year-olds, there was also ... there are places for babies as well, which are much more
flexible in terms of when they start. I think we need to build some flexibility into our system, so
when nursery places become available throughout the year they may be available to parents. My
answer would be yes, but when things come onstream, I would like to have the flexibility that they
come in when they are needed. I know that is difficult, but when my kids were young and we were
looking for nursery places, we would have snapped up any place at any time, to be quite frank, and
worked around it, and I know that is what parents are doing all of the time anyway.
2.5.9Deputy H.L. Jeune:
Hilary Jeune(Deputy H. Jeune of St. John, St. Lawrence and Trinity)
Just to ask the Minister: so, will anything new and additional be happening to help parents in
February, March to sign up for nursery places in September or will it continue as it is at present and
was last year? Is there anything new that we can see an increase in additional for February, March.
Robert Ward(Deputy R.J. Ward of St. Helier Central)
If the Deputy is referring to next February, March, which she must do because we cannot go back in
time, yes, I would hope that there would be more of those places available in September 2026,
absolutely. My issue was that they are not available early enough, and so we are trying to introduce
some earlier in 2025. Yes, absolutely, certainly in 2026, that is what will be available. Of course
they will be applied for in February, March 2025. Yes, I do not see any change to that system. I
hope I have answered the Deputy’s question.
I wish the Minister luck with delivering all these priorities. What I wanted to understand was the
growth money in the proposed Budget. Is that to serve families who are not already receiving any 2
to 3 spaces or is this a continuation for families who are already accessing this for their children?
Robert Ward(Deputy R.J. Ward of St. Helier Central)
The main element of it would be to extend because it does say extend nursery and child care provision
in the line, so it is about extending. This is the point, we could ... I mean there is a decision to be
made: do we introduce the 15 hours now and just pay what is already there and not extend or do we
want to target the money to extend nursery provision so it is more across working families? Then
we can make that decision as to how we are going to support families when they want that provision.
But, yes, the C.S.P. is about extending those places.
2.6Deputy H.M. Miles of St. Brelade of the Minister for the Environment regarding an update on the status of the West of Island Planning Framework as set out in Strategic Proposal 4 of the Bridging Island Plan (OQ 155/2024):
update on the status of the West of Island Planning Framework as set out in StrategicProposal 4of the Bridging Island Plan (OQ 155/2024)
Further to the announcement by Lloyds Bank that it is to close its St. Brelade branch and the level of
empty commercial properties in Les Quennevais Precinct and Parade, will the Minister provide an
update on the status of the West of Island Planning Framework as set out in Strategic Proposal 4 of
the Bridging Island Plan?
Steve Luce(Deputy S.G. Luce of Grouville and St. Martin)
The development of the West of Island Planning Framework is one of 40 proposals in the Bridging
Island Plan and has yet to commence.
[10:15]
Previous Island Plans have sought to focus much of the Island’s development needs on St. Helier,
but the purpose of developing a master plan for the west of the Island is to explore whether there is
current or increased potential for the west of the Island, which of course includes Les Quennevais, to
provide new development opportunities for homes, business and community facilities. I can tell the
Deputy that of the 40 Bridging Island Plan proposals, 7 have been completed, 22 are in progress and
11 have yet to commence.
Deputy S.G. Luce of Grouville and St. Martin (The Minister for the Environment):
I thank the Minister for the answer. Given that a quarter of the population of the Island live out west
- this is not just a St. Brelade issue - does the Minister agree that maintaining services in the west of
the Island is critical to reducing traffic congestion in town, and therefore consistent with reducing
our carbon footprint? If so, will he consider allocating funds to accelerate the development of the
West of Island Plan?
Steve Luce(Deputy S.G. Luce of Grouville and St. Martin)
Certainly. The facts that the Deputy posed, a lot of people live in the west of the Island, there is a
centre there already and the Bridging Island Plan seeks to maintain and enhance the viability and the
vitality of these areas. But it is a challenge. The internet has changed the way people shop, but the
current Bridging Island Plan seeks to retain retail development in these areas, but it also provides
flexibility to allow other forms of development to be used under a series of tests. The answer is yes.
Obviously, there is a future for Les Quennevais, an important future for the retail area of Les
Quennevais. It is a difficult balance to try to protect it when it is not used. We do not want to give
it away through change of use to other uses but, at the same time, we need to provide the facilities
there for the residents. So I say to the Deputy, as soon as I have the money I will do this work.
Obviously, there are 11 pieces of work still to be commenced. That work will have to be done before
the next Island Plan debate.
This question ultimately is about Lloyds Bank, and the closure of the branch at Red Houses. Can the
Minister advise whether or not such change of use or closure of key facilities in what has been billed
as Jersey’s second urban centre is what was envisaged under the Bridging Island Plan?
Steve Luce(Deputy S.G. Luce of Grouville and St. Martin)
I am not sure that I completely understand the question here. I do not think there is an expectation
in the Bridging Island Plan that any bank was going to close. Obviously there is a massive challenge
to banks with people moving from visiting banks on a weekly basis to then sitting at home in front
of a P.C. (personal computer) to now people pay their bills while they are waiting for the bus or
paying cheques while they are having a cup of coffee with friends. Banking is challenging.
Maintaining all these old traditional branches is a challenge. I think the Deputy’s question about
change of use would be an interesting one, but I would imagine that banking would come under retail,
so another retail outlet in that building would be allowed.
That does not provide much comfort, I do not think, just saying another retail, because, for example,
if it were pharmacy, there are lots of pharmacies already in St. Brelade but banks seem to be moving
out. I will ask specifically, the Island Plan on page 67 says that the Island’s second urban centre is
Les Quennevais and it will be a key community focus for the provision of homes. Therefore the
Island Plan is saying there will be more homes built around Les Quennevais over the next few years,
but if there are fewer facilities, such as banking, in those areas is that not going to throw out the
balance that is seeking to be struck in the Bridging Island Plan? Does that concern the Minister?
Steve Luce(Deputy S.G. Luce of Grouville and St. Martin)
Obviously, planning is a particularly challenging thing, and the Deputy throws up a challenge here.
On one hand we want to protect the retail structures, if you like, in Les Quennevais in the Precinct
and in the Parade. We could, I guess, convert them through change of use to housing and we create
more housing with less retail. The plan at the moment will protect those retail shops, those retail
buildings, if you like, for further retail until such a point as a change of use application comes in and
an alternative use/better use is found. But at the moment, what we need to do is to protect those parts
of Les Quennevais and parts of the west of the Island which are already in retail, so that when we
build more houses, yes, those facilities are there for residents to use. What I would not want to see
happen is the few, or maybe a few more than a few, retail outlets that are closed at the moment get
the benefit of a change of use to housing, and then be lost for ever for retail. There has got to be a
really good reason to have a change of use approved for these structures.
The Minister says that there were 40-odd action points in the Island Plan but there were only half a
dozen or so strategic priorities and this West of Island Planning Framework was a strategic priority.
I therefore would push the Minister on this point. My Ministerial Plan, before I left office, included
the West of Island Planning Framework in the workstream for 2025. Will he commit to continue that
work in 2025?
Steve Luce(Deputy S.G. Luce of Grouville and St. Martin)
I cannot give the Deputy that commitment today. Master-planning or development of guidance, there
are a number of these proposals, including the St. Brelade’s Bay improvement plan, and I have spoken
to Deputy Scott about this, development of Five Oaks master plan. They are there to inform the next
Island Plan. None of them have commenced and even the St. Brelade’s Bay one, which had an actual
timeframe on it of 2025, I had to explain to the Deputy that is not possible. I need to work on
priorities. There is planning reform, water, P.F.A.S. (per- and polyfluoroalkyl substances), Marine
Spatial Plan, supporting agriculture and fisheries and offshore wind. There is just a very short list of
really important things I have to do, on top of which my Government has ... well the Government I
am part of, have committed to reduce expenditure, committed to reduce the use of consultants. We
have a number of priorities that we are trying to fit in here. I say to the Deputy, yes, this work will
be done but I cannot commit to doing it in 2025 because my priorities for next year are already set.
I think Deputy Tadier raised some of the important issues here, that this is about conflicts and those
are precisely the sorts of things that a master plan is designed to help resolve. There was widespread
cynicism, I think, in St. Brelade when Les Quennevais was announced as the second urban centre
and the West of Island Planning Framework was supposed to put the flesh on the bones. Can I
therefore ask if the West of Island Planning Framework has been removed from the Ministerial work
plan, why that decision was made ... the work plan for next year, why that decision was made and
what was put in its place because it was clearly possible when I left office?
Steve Luce(Deputy S.G. Luce of Grouville and St. Martin)
One of the reasons that it is possible to delay certain pieces of work, and in this case the west of
Island, is the current planning policy of the Bridging Island Plan seeks to maintain and enhance the
retail viability of the defined area of Les Quennevais. It includes the bank, it includes the Parade and
the Precinct, and it does this by supporting protection and maintenance of those retail uses. However,
it does also provide flexibility, as I have said, to allow other forms of development. If change of use
application comes in there are a number of tests the application would have to be subject to and if it
passes, then, yes, change of use will be allowed but this is a challenge. We do need to maintain retail
centres for these areas, especially Les Quennevais and the west of the Island, and we do that through
the current plan. So while a new strategy, a new plan for the west of Island, would be great it does
not mean there is not protection, there are not plans in place, there are not policies in place in the
current Bridging Island Plan to allow change and work to happen.
Well, can I ask you to rule whether that answered the question? Because I did ask why the work had
been removed from the work stream?
Sir Timothy Le Cocq(The Bailiff)
My understanding of the answer was because there were a number of balancing priorities and
therefore, I infer, that that was the reason that the Minister was giving. If I am wrong about that,
Minister?
Steve Luce(Deputy S.G. Luce of Grouville and St. Martin)
I am happy to clarify the 2 reasons. One you have already mentioned, there are a number of other
priorities, but also the fact that there is currently, in the Bridging Island Plan, a policy that works for
Les Quennevais at the moment. It is not as if there are no plans, there is no policy in the plan for that
area currently.
The Minister has now touched on this but given he has confirmed the delaying of work on a West of
Island Planning Framework, will he commit to ensuring that his department and planned decision
makers do give full effect to the guidance around the protection of employment land and the tests he
references, specifically with regard to the 2012 Protection of Employment Land: Supplementary
Planning Guidance, and work with his department on a more robust process for consistent
determination against this to retain the viability of units in the west of the Island until such a
framework is delivered?
Steve Luce(Deputy S.G. Luce of Grouville and St. Martin)
Yes, and it would be my hope, my ambition, that everybody in the department, whether that is from
a junior planning officer that has just arrived in the department 6 months ago, all the way through
senior planning officers, Planning Committee, inspectors and myself, would all take a consistent view
of policies within the Island Plan. But the point I would make to the Deputy is that developing new
guidance, if you like, in the same way that we develop supplementary planning guidance, cannot
move away from the policies which are in the current Island Plan without coming back to this
Assembly to change those policies. So while new guidance is really helpful and it puts more flesh
on the bone, more detail for applicants and developers to come forward with their plans, the really
important thing is that policies in the Island Plan, which are debated in this Assembly, cannot change.
Guidance, whether it is supplementary or otherwise, can only put detail in. It cannot change policy.
I completely agree, and I was not suggesting new guidance that deviates from the B.I.P. (Bridging
Island Plan) policies. I would ask the Minister, again, if he would consider improving the processes
around the documentation and recording of the tests of redundancy and the policy tests to ensure
more consistent tests and to greater protect employment sites in the west of the Island?
Steve Luce(Deputy S.G. Luce of Grouville and St. Martin)
I will do my best to do that. As the Deputy well knows, I really like consistency. I like the same
rules to be applied to everybody at all times.
I thank the Minister for all of his answers. It strikes me that there may well be policies in place to
protect and develop retail in the west but they are clearly not working. We have at least 7 empty
properties, commercial units, in the Les Quennevais Precinct and Parade, and certainly there seems
to be more units that are closing than opening. My question really is, all of his answers lead to the
conclusion that a master plan is absolutely critical to community development in the west of the
Island. He had already said that he needed to work on other priorities. I cannot speak for the western
Connétables and the other western Deputies, but for my part we would consider this to be an absolute
priority. Because this is a priority, would the Minister agree to consider at least moving the Western
Planning Framework up his priority list?
Steve Luce(Deputy S.G. Luce of Grouville and St. Martin)
I am very happy to consider moving the planning framework up the priority list. I will take the points
the Deputy and others have made on board and go away and discuss it with officers.
2.7Deputy T.A. Coles of St. Helier South of the Minister for Sustainable Economic Development regarding the procurement process for passenger and freight ferry services (OQ 156/2024):
Development regarding the procurement process for passenger and freight ferry services(OQ 156/2024)
Will the Minister provide an update on the procurement process for the passenger and freight ferry
services and state when the Assembly can expect to be informed as to who has been awarded the
contract?
Economic Development)
I thank the Deputy for his question. As Members are likely to be aware, there has been competitive
interest in providing future sea connectivity under a combined contractual arrangement with the
Governments of Jersey and Guernsey. While securing the right outcome carries a very high political
priority, the work is led and undertaken by officials, who will make an objective, evidence-based
recommendation to me and my counterpart in Guernsey for final political approval in October. I
currently expect to be in a position to inform Members and the public of the successful bidder during
October.
Deputy K.F. Morel of St. John, St. Lawrence and Trinity (The Minister for Sustainable Economic Development):
Does this October date follow the original timeline provided when the procurement process started?
If not, can the Minister confirm why any delays?
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
There have been no delays during the tender process that I am aware of. It has always been the
domain of the tenderer to be able to change the order or the sequence of the process as they wish, and
so any media reports suggesting there were delays, I would say, were not entirely accurate. The end
of September, October has always been the envisaged time for making announcements, to the best
of my knowledge.
Could the Minister clarify who his counterpart in Guernsey is, whether he has met with that person,
and whether they have discussed their preference for the successor or the continuation of the ferry
operator, and whether they are in agreement? Sorry for all of those questions.
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
I thank the Deputy. I am in regular contact with my counterpart in Guernsey; it is Deputy Neil Inder,
who is the President of the Economic Development Committee in Guernsey. Indeed, I was on the
phone to him yesterday evening. But we do not discuss preferences because we do not have
preferences. We are awaiting the report from the officials that will provide an objective
recommendation. It is not for Deputy Inder or myself to pre-empt that recommendation and so, no,
discussion of preferences is not a discussion we have had.
Once a decision has been made, does the Minister envisage that any transitional arrangements will
need to be put in place, including any interventions by Government? What might those transitional
arrangements look like?
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
It is quite possible that transitional arrangements may be necessary, particularly if the incumbent
operator is not successful in this bid, and so there is the possibility that transitional arrangements may
be necessary. The exact look of those transitional arrangements, I could not describe at the moment.
I wonder if the Minister could talk a little bit about the process that will be gone through. There are
obviously 2 potential areas of disagreement between Jersey and Guernsey. Officers could disagree
in their recommendation and, even if there is a joint recommendation, Ministers could disagree on
how to approach that. I wonder if you could say a little bit about what the process is that has been
put in place to deal with those potential eventualities?
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
The process, precisely for the reasons that the Deputy has just outlined, these matters we attempted
to deal with in advance of embarking upon the process, so there is essentially an agreement in the
form of a memorandum of understanding between myself and Deputy Inder as to how we will work
in the event of disagreement. Part of that agreement is obviously for both parties, both Islands, to
work together in very good faith to try to ensure that we do come to an agreement at the end of it.
Officers have similarly worked together and the tender documents, as I understand, have been shared
between officers in both Islands, and officers in both Islands have been talking to each other and
engaging with each other throughout that process, again, with the aim of avoiding any disagreements
at the end of it.
I take it that the Minister is being a little coy about the details of that memorandum of understanding
because it is a confidential document. Could he say, though, whether the weighting attached to the
discussions, if you like, is equal? In other words, Guernsey and Jersey will have an equal say, the
officers will have an equal say, and so on, in that?
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
Yes, this is an entirely 50/50 experience, so to speak. Jersey and Guernsey’s say are entirely equal
in this. The Deputy is correct to say that it is a confidential memorandum of understanding; this is
because it is between Jersey and another jurisdiction. When it comes to correspondence between
different jurisdictions, that does tend to remain confidential. But it is also very simple and, in essence,
could be summed up as working in very good faith with each other.
During the procurement process, did the Minister outline any must-have non-negotiables to exist
within the contract, and if so, what were his priorities?
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
Our priorities were around reliability, frequency, future fleet investment, strengthening the southern
supply route, and the frequency and reliability, and also operating times that work for Islanders, so it
is a much more customer-centric perspective. That has all been there as the framework that we
wanted tenderers to respond to. How different organisations respond to each criteria is entirely up to
them. I found it interesting, there is a balance to be struck between being prescriptive in terms of
saying what we would like to see for the Islands, but at the same time not wanting to stifle any
innovation or any interesting ideas, which we could not have come up with ourselves because we are
not in the business. The tender is also designed to encourage those respondents to it to provide their
own new and innovative ideas, particularly around fleet investment and particularly around
sustainable transport going into the future.
2.8Deputy M. Tadier of St. Brelade of the Minister for Education and Lifelong Learning regarding introducing Portuguese as a language option during the regular school day in Jersey's state schools (OQ 162/2024):
regarding introducing Portuguese as alanguage option during the regular school day inJersey's state schools (OQ 162/2024)
Given the sizeable population of Portuguese speakers in Jersey, are there any plans to introduce
Portuguese as a language option during the regular school day in Jersey state schools, and if not, why
not?
Robert Ward(Deputy R.J. Ward of St. Helier Central)
All G.C.S.E. (General Certificate of Secondary Education) options differ year-on-year, depending on
the pupil cohort, the staff that are available to teach them, and the decisions on G.C.S.E. options sit
with individual schools as exam centres because they know the best options for their schools. This
is a flexible approach; it gives pupils and schools the opportunity to match the curriculum offer to
what is appropriate to their schools. There are no plans to centralise decision-making with regard to
G.C.S.E. Portuguese.
Deputy R.J. Ward of St. Helier Central (The Minister for Education and Lifelong Learning):
I am not asking for centralisation of decision-making, What I am asking for is, given the fact that
surely there must be both a high actual demand and also a high latent demand for Portuguese as a
G.C.S.E., not by just those who already speak some Portuguese but those who do not, would it not
be preferable that such an important language for Jersey - and I hope the Minister recognises the
importance of Portuguese - should be available as an option during the school day, rather than
perpetuating what some would call a system of apartheid, where Portuguese speakers are forced to
learn their own language after school, rather than it being an option alongside common languages
like French and Spanish, that are offered routinely in the school day as an option.
Robert Ward(Deputy R.J. Ward of St. Helier Central)
I would say to the Deputy, actually one school - Haute Vallée - does offer G.C.S.E. Portuguese during
the school day. There are 2 others who offer G.C.S.E. Portuguese. I understand about running the
G.C.S.E. after school; it is an option that is given. There is no standard language that is offered in
any school; it often is matched to what is available to teach that language at G.C.S.E. level. I would
support the teaching of G.C.S.E. Portuguese as an option. Anything beyond that, then we have to
think about what other options are lost. That is what I would answer the Deputy on that one.
The Minister has referred to one of the factors being pupil demand. I know that my son, who is at a
state school, had wanted to study German and was told that it did not matter how many people in the
school wanted to study German, that option was not going to be available. I think that the system as
it currently sits does not seem to have an overarching vision for the role of languages in the Island,
and also the response to Deputy Bailhache’s proposition suggests the same. I wonder whether the
Minister could perhaps expand on his thoughts and give us a vision for the role that he sees foreign
languages playing in the Jersey education system, and then we can perhaps put his attitude to
Portuguese into that framework.
Robert Ward(Deputy R.J. Ward of St. Helier Central)
It is quite a wide-ranging question. I think it is wrong to say there is no vision for languages; I think
it is just fundamentally wrong. Languages are delivered across schools. Many languages are
delivered across many schools. I cannot comment on what the Deputy’s son was told at school. It
may well simply be a practical matter and practical matters in schools matter, because you have to
deliver. If there is nobody to teach German to G.C.S.E., then it will be difficult for a school to deliver
that. You can add that to physics teachers, you could add that to other teachers in the school. It is
unfortunate, but it is a reality of modern schooling. In terms of a vision of languages, of course they
are important, but so is the wider curriculum. We are trying to offer a tailored curriculum to every
child, particularly in state schools, so they can achieve what they want to achieve. Anything that is
made compulsory in school will remove something else, and that is the debate that perhaps we need
to have. But that is where I stand.
I do not think compulsory has been mentioned at all. But I think the point I am trying to get at is that
we are a connected Island, we are a multinational Island, we are trying to make our way in the world,
and a vision for how languages would fit into that might be something that would encourage
provision, encourage teachers to come forward who might want to learn and add to the capacities
within schools and so on. At the moment it just feels very much like we are stuck with what we have
got and there does not seem to be this really strong, passionate desire to increase that language.
Sir Timothy Le Cocq(The Bailiff)
Deputy, firstly, that really is a speech and not a question. Secondly, it is rather straying outside the
original question. I allowed your first question as a supplementary, but we are talking about the
teaching of Portuguese in secondary schools in Jersey. I wonder if you could focus any
supplementary question on that.
I will ask the question. Could the Minister consider at least the expansion of the provision of
Portuguese, given the number of native speakers in the Island who speak Portuguese, and see it in
that wider context?
Robert Ward(Deputy R.J. Ward of St. Helier Central)
First of all, I absolutely reject the narrative that has been created that language teachers in our schools
are not committed and have a vision to language teaching, because they certainly do. They work
hard to deliver that every single day, every single week and every single month. They actually deliver
it. Yes, absolutely expand Portuguese provision. It happens with the Camões Agreement between
Portugal and Jersey, which we are about to renew and in negotiations around that, and the way that
will be delivered will be happening. But like it or not, there is a practicality in delivery. You have
to have someone to deliver it. You have to have children who are interested in doing it and you have
to have the time and space within a school curriculum to do it. If we can magic up time, that would
be great. But that does not mean there is not a vision and support for languages in schools.
I feel like we are speaking at cross purposes because this is not about magicking up new time. This
is about allocation of choice to our students in Jersey. Given the fact that Portuguese is a language
which you can commonly speak and practise in Jersey, and given the fact that perhaps 10 per cent of
our population are Portuguese and maybe, I do not know, 15 or so per cent of the school population
already speak Portuguese. The simple question is: why is the example of Haute Vallée, which has
Portuguese in the curriculum, not being extended? Or possibly, why would not it be extended to the
other 3 or 4 state schools that we have in Jersey?
Robert Ward(Deputy R.J. Ward of St. Helier Central)
It would be extended if it was possible to deliver it within the curriculum time, but if we add
something to the curriculum as an option, something else needs to be removed. Young people will
be asked: “Do you want to learn Portuguese G.C.S.E. in school time, or do you want to learn one of
the other subjects and cover them?” When Haute Vallée have been offering it in year 9, it offers a
G.C.S.E., and then those young people can go and do an additional G.C.S.E. later on, which is
beneficial to them. Other schools are offering G.C.S.E. Portuguese. I agree in terms of the time in
which it is offered, but then other schools are offering other options outside the school timetable or
other languages in order to extend the provision. I am quite happy to look at the provision of
languages, but it needs to be practical and real for schools. We cannot just magic up staff. We are
looking at time, because if you put that into the standard timetable, you have to remove something
else as an option for those children. That is the reality of the way schools work. I am quite happy to
take the Deputy around some of our 11 to 16 schools to talk to headteachers and discuss that. That
might be a way forward.
2.9Deputy I. Gardiner of St. Helier North of the Minister for Treasury and Resources regarding the implementation of the Assembly’s adoption of ‘Putting Jersey businesses first’ P.56/2020, as amended (OQ 161/2024):
Inna Gardiner(Deputy I. Gardiner of St. Helier North)
regarding the implementation of the Assembly’s adoption of ‘Putting Jersey businessesfirst’ P.56/2020, as amended (OQ 161/2024)
Will the Minister advise what specific steps have been taken, and processes put in place, to implement
the Assembly’s adoption of Putting Jersey Businesses First, P.56/2020, as amended?
[10:45]
Resources)
I thank the Deputy for her question. P.56/2020 was in 5 parts. Taking these in turn, parts (a) and (b)
relate to giving weighting and procurement exercises in the context of recovery from COVID to the
economic, social and environmental benefits to Jersey. For this aspect, social value has become more
integrated into our procurement service and processes, and 10 per cent of the overall weighting within
each set of tender evaluation criteria is now included as standard. There is also a dedicated resource
to monitor, measure and develop best practice, engage with on-Island suppliers and build a
knowledge base and a commitments register, which suppliers provide during competitive market
activity. Part (c) relates to the publication of procurement policies and evaluation criteria. While a
specific report was not presented, the expenditure and procurement section of the Public Finances
Manual, as well as more detailed procurement procedures, have been updated on a number of
occasions. For example, a recent change formalised new procedures for engaging consultants and
the Public Finances Manual can be found on gov.je. Part (d) of the proposition relates to the
publication of expenditure by the States’ top 100 suppliers. Three reports have been published,
covering 2020, 2021 and 2022. Data for 2023 is currently being finalised and is expected to be
published by the end of September. Finally, part (e) is a matter for the Minister for Sustainable
Economic Development.
Deputy M.E. Millar of St. John, St. Lawrence and Trinity (The Minister for Treasury and Resources):
No contributions recorded for this item.
2.9.1Deputy I. Gardiner:
Inna Gardiner(Deputy I. Gardiner of St. Helier North)
Thank you for the very detailed answer given by the Minister. I would bring the attention in my
supplementary around part (a) and part (b). Would the Minister advise how she is reassured that the
social value is working well for local - especially small businesses - and if the Minister has any
figures or evidence to indicate that it did have a positive impact for the local businesses?
Elaine Millar(Deputy M.E. Millar of St. John, St. Lawrence and Trinity)
As I say, the social value element is now weighted at 10 per cent in our tender processes. The only
example I can give you, in terms of how the social evaluation criteria works within a tender over
£100,000, is in our new office building. In that case, the social value element has meant over £60,000
has been donated to local charities, 181 non-charitable hours have been donated to community and
charitable projects, 3 people have been employed through the back-to-work scheme, 7 prison leavers
have been employed, 6 apprenticeships have been offered, 25 work placements given to local
students. Then, at the environmental level, it also involves a donation of £10,000 a year for 20 years
to Highlands to ensure the continuing viability of construction courses, and 500 trees planted on
Dandara development schemes, alongside a donation to Trees for Life and staff volunteering time.
2.9.2Deputy H.L. Jeune of St. John, St. Lawrence and Trinity:
Hilary Jeune(Deputy H. Jeune of St. John, St. Lawrence and Trinity)
I thank the Minister for her answers. Also focusing on parts (a) and (b), the Minister explained a
little about the resources that should be available to help local businesses in applying to any tendering
process. Could the Minister expand on what initiatives are in place to support especially small Jersey
businesses in meeting these qualification standards for being in a competitive nature in procurement
processes?
Elaine Millar(Deputy M.E. Millar of St. John, St. Lawrence and Trinity)
I thank the Deputy. Various work is happening, and it is very much an ongoing process. In the area
of digital economy, work is continuing with S.P.P.P. (Strategic Policy, Planning and Performance)
to promote Jersey businesses. That includes sharing early market pipelines with Jersey businesses to
identify future areas of investment. Another example, we have worked with Family Nursing and
Home Care to ensure that high-quality care is provided on-Island where appropriate. Digital Jersey
is in the process of developing a database to compile a record of on-Island providers’ capabilities to
help match those with government opportunities.
2.9.3Deputy H.L. Jeune:
Hilary Jeune(Deputy H. Jeune of St. John, St. Lawrence and Trinity)
Could the Minister advise if Jersey Business offers such technical support to help especially small
businesses to take part in tender bids, and if not, why not?
Elaine Millar(Deputy M.E. Millar of St. John, St. Lawrence and Trinity)
Jersey Business does not sit within my remit; I think that is a question for the Minister for Sustainable
Economic Development. I do not know the answer to that.
Has the Minister given any consideration to giving an extra weighting or extra points to local
businesses during the procurement process, given they would be paying more taxes?
Elaine Millar(Deputy M.E. Millar of St. John, St. Lawrence and Trinity)
I am not sure it is necessarily true that they will be paying more taxes. Our procurement policies and
processes demonstrate positive steps taken to improve Government’s ability to put Jersey businesses
first. We have to strike a careful balance between wishing to appoint Jersey suppliers while
remaining compliant with obligations internationally and to maintain a reputation as an open and
liberal trading nation. Commercial Services, however, continues to improve and enhance data-led
decision making and understanding of on-Island capabilities and opportunities to engage with local
suppliers.
Is there anything built into the procurement system to enable some reflection on the impact for the
providers who were chosen and, indeed, the impact on providers who are not chosen?
Elaine Millar(Deputy M.E. Millar of St. John, St. Lawrence and Trinity)
I do not know the answer to that question; I do not quite understand the question. If you are
suggesting that we have to consider the impact on somebody who is successful and the impact on
someone who is not successful, I am not quite sure that is Government’s role. What I can tell you is
that the reporting from, I think, the top 100 suppliers shows us that over 57 per cent of our spend is
within Jersey suppliers; some 42 per cent is with U.K. suppliers; and the very small balance remaining
is with other jurisdictions, including Guernsey.
I had intended to ask the Minister about the adherence to modern slavery provisions within these, but
as the Minister went on to explain to the Assembly in some detail the benefits of the States building,
having set out such a fulsome list of advantages to the community, including charitable donations
being baked in over a number of years, et cetera, would she agree to publish the value to the contract
of those matters? Because they have not come at zero cost. Would she confirm or otherwise whether
or not those costs are now capitalised in the asset price, which this Assembly will be considering
when the Minister for Social Security has to ask the Assembly for the purchase of that building, with
those capitalised costs built in? It is quite an important principle. The Minister was advancing
something which I think is actually at taxpayers’ cost.
Elaine Millar(Deputy M.E. Millar of St. John, St. Lawrence and Trinity)
Firstly, just to cover ... Deputy Ozouf mentioned modern slavery; I do not believe we have legislation
on modern slavery in Jersey, as yet, that we have to consider. I believe that the Minister for Justice
and Home Affairs is considering that. I cannot answer that question. Do we want to engage local
suppliers or not? There will be a price to engaging local suppliers, and I cannot answer that question.
I do not know if it comes at a cost, but it is part of the weighting that we apply in selecting a contract
provider; the social value element. I imagine there will be a cost to it. We either take a local supplier
with their social value, or we take a foreign supplier with their local value. I do not know if that
question can be answered, and I do not know if that information can be provided, but I will consult
with the team, because I simply do not know. I do not know if it is feasible to deliver it, and I do not
know if it is commercially viable to deliver it. I do not know.
I may seek a meeting with the Minister because she mentioned that there was a payment of, I think
it was £10,000 a year baked into future rental provisions. There is an annual cost that is baked into
the rent that therefore will form part of the consideration for the purchase of it, and that is a pretty
easy mathematical question to make. It is important that we are clear that benefits are not being paid
for by the developer, they are actually being passed to taxpayers because we are having to buy it.
My question on that specific issue is: does she appreciate that?
Elaine Millar(Deputy M.E. Millar of St. John, St. Lawrence and Trinity)
I do not believe I did say that there was a sum allocated towards rent. I said that the developer would
be making a donation of £10,000 a year to Highlands to ensure viability of construction courses. That
is important. As he will know from the Budget, we are hoping to buy the property, so rent will not
be an issue in future.
2.9.8Deputy I. Gardiner:
Inna Gardiner(Deputy I. Gardiner of St. Helier North)
There are several things mentioned, but P.A.C. (Public Accounts Committee) are conducting a
procurement review. They recently published submissions from the Institute of Directors,
Construction Council and Chamber of Commerce have a similar theme. The direct quote: “The
general consensus is the Government of Jersey procurement is broken, serving to act as a barrier to
business being done, rather than something that enables local businesses to provide valuable goods
and services to our Government and ultimately the local taxpayer.” Was the Minister aware of the
sentiment within the local Jersey businesses, and if the current procurement policy was a paper
exercise to satisfy the Assembly P.56/2020, and would she be thinking to review the policy or to
engage with local businesses?
Elaine Millar(Deputy M.E. Millar of St. John, St. Lawrence and Trinity)
No, I was not aware of that feedback. We have done considerable work, which is outside the scope
of this question, to continue to improve our procurement processes. P.56 was about trying to ensure
that Jersey businesses were able to tender. All Jersey businesses can tender. Any opportunity over
£100,000 must be advertised on the Government’s tender portal. Any Jersey business can tender for
that. We have open processes. I am slightly confused as to ... do we want to support Jersey businesses
or do we not? We are trying to do that, but equally we were asked by P.56 to ensure social value,
and we are trying to ensure social value as well as trying to facilitate tendering by Jersey businesses.
P.20 was also done, as I said, in the context of COVID. There is considerable work going on to
ensure our procurement processes, but I do feel that that is outside the scope of this question, which
was specifically about P.56.
2.10Connétable K. Shenton-Stone of St. Martin of the Minister for Justice and Home Affairs regarding developing a statutory spiking offence (OQ 152/2024):
Narrative(Narrative)
2.10 Connétable K. Shenton-Stone of St. Martin of the Minister for Justice and Home Affairsregarding developing astatutory spiking offence (OQ 152/2024)
Will the Minister advise whether the Government has capacity to develop a statutory spiking offence
within its ongoing work, responding to the recommendations of the Taskforce on Violence Against
Women and Girls’ report?
I thank the Connétable for the question. Spiking is a serious and concerning phenomenon which will
not be tolerated. I am reassured that existing legislation designed to address spiking is fit for purpose
and, as such, there is no need to develop a new offence to address this behaviour. Spiking for the
purpose of carrying out some kind of sexual assault is under the Sexual Offences Law with a 10-year
penalty. Spiking for any reason is a form of assault and where it is done to facilitate another offence
such as theft, I understand it would be a serious aggravating factor. Where spiking is done with an
illegal drug, possession of that drug in itself would be an offence. There is currently no capacity to
develop additional legislation to address spiking within the ongoing work to implement the
recommendations of the Violence Against Women and Girls Taskforce. The Government’s
legislative programme in this area of violence against women and girls has been defined by the
recommendations of the taskforce, which made recommendations to strengthen legislation around
domestic violence, online abuse, stalking and sexual harassment. The taskforce did not make any
recommendations for additional legislation to address spiking. The taskforce recommendations in
relation to legislative development were informed by a legislative mapping exercise undertaken by
the Law Officers’ Department. This exercise considered a number of behaviours that relate to
violence against women and girls, including drink spiking. This mapping exercise identified a
number of gaps in legislation. However, the need to develop additional legislation to address spiking
was not identified.
[11:00]
Deputy M.R. Le Hegarat of St. Helier North (The Minister for Justice and Home Affairs):
The U.K. Government confirmed its plans within the King’s Speech to introduce a new law to make
spiking a specific criminal offence in the U.K.. I believe that Jersey should be proactive in this rather
than reactive. Would the Minister be able to confirm what sort of resources would be needed for
such an offence to be developed, and could she see that such an offence, if it is not being developed
now, can she see that in the next few years there would be resources made available for a specific
law and follow with the U.K.’s lead?
The Connétable is correct in that the new Labour Government in the U.K. has put this on their
political agenda to look at in relation to a specific offence. The previous Government had also got it
on their agenda, but it was removed by a member of the previous Government as they did not
necessarily think it was necessary. However, also the U.K. Government is looking at that piece of
legislation as a specific legislation, but they are also looking at what other things may or may not
need to be done. In relation to what the Connétable asks, my delivery plan is up to and including,
obviously, the middle of 2026, and there is a strict, very tight plan. At this time, as I said, it would
be detrimental to be considering doing this as a separate offence, from the point of view I am
concerned of what other things may have to be dropped, but it is not off the agenda if things move
forward.
Does the Minister agree that while legislation is there to punish offences made, it is also there to
shape behaviour, and that having a specific offence in this area would send a strong message to any
potential perpetrators that this behaviour will not be condoned?
I fully see what the Deputy is saying and I would not disagree, but obviously as a Government we
have to look at what we are trying to achieve, and we are trying to put in place all of the other offences
which were identified in the taskforce. This is not only about legislation, but it is about education as
well and as I think it is necessary ... as I said, the taskforce, in all of their work, did not find this one
of their largest concerns. However, what it does say was that there was an indicator from those who
provided information that there was a thought that they could potentially be spiked. What I would
like to see is more work done in relation to education and looking at how we can develop this forward.
Because it is not only about violence against women and girls in relation to spiking, it is about all our
population. I would like to make one point here; we are 49 States Members who all attend our Parish
Assemblies. Within that Parish Assembly there will be licensing requests; as States Members, we
can ask questions. We can ask questions of those people who have licensed premises, and we can
ask them if they are educating their staff in relation to the matters of spiking. I will leave them with
that thought.
The Minister mentioned education; what conversations or work is she doing with the Minister for
Education and Lifelong Learning to increase education available in schools and, indeed, lifelong
learning for our population in this area?
I thank the Deputy for that question. The new school programme started following the reintroduction
of Building a Safer Community. I think within those programmes that they will be doing, there are
inputs from police, fire, ambulance, et cetera, and the schools. That will be something, I am sure,
that the co-ordinator of that programme will ensure is within that, because I am fully aware, certainly
from the ambulance services, that they provide information for young people about how they deal
with a friend who may be in difficulties. This is primarily what we need to look at; the fact that if
somebody has been spiked, we need to take action and we need to take it quickly. We need to report
it to the police and all the necessary evidence gathered, in order that we can successfully do something
about it. As I said, because that is one of the biggest things that needs to happen. Because it is very
difficult to be able to identify an offender in relation to this type of offence, so I think the quicker
that we can do that and the matters are reported, the better.
I thank the Minister for her answers, and I do not have any further questions.
2.11Deputy M.B. Andrews of St. Helier North of the Minister for Justice and Home Affairs regarding the number of dogs destroyed by Order of the Court (OQ 150/2024):
Will the Minister advise how many dogs have been destroyed by Order of the Court since 2018 as a
result of attacks by them on other animals and members of the public?
I thank the Deputy for the question. Obviously, I am answering this question although I do not
actually have responsibility for the management of the courts. The Magistrate is able to make a
destruction order under Article 11B of the Dogs (Jersey) Law 1961. There is a right of appeal against
such an order to the Royal Court. There are no records of any destruction orders having been made
since 2023. Prior data to 2023 was not available in the timeframe for answering of this question.
The judgment in any appeal that is heard in the Royal Court against the decision of the Magistrate to
order the destruction of a dog would be published on the Jersey Legal Information Board website. A
perusal of that website shows that, in 2021, a destruction order against a dog in 2020 was successfully
appealed. No other appeals against destruction orders between 2018 and the present day were
identified.
Deputy M.R. Le Hegarat of St. Helier North (The Minister for Justice and Home Affairs):
No contributions recorded for this item.
2.12Deputy D.J. Warr of St. Helier South of the Minister for Infrastructure regarding the use of the former Jersey Gas site for community activities (OQ 160/2024):
Further to his letter dated 29th August 2024 to the chair of the Environment, Housing and
Infrastructure Scrutiny Panel, advising that work on the North of St. Helier Primary School has been
delayed to 2027, will the Minister advise whether there is any intention to use the former Jersey Gas
site for community activities prior to the works on the new school commencing, and if not, why not?
I thank the Deputy for his question. I expect the Deputy is aware the site is not currently in
Government ownership and therefore any use, community or otherwise, would need to be negotiated
with the site owner. The Government’s interest is in acquiring the site for a new primary school and
any use of the site prior to that point is currently not a matter within our control. Our focus is on
properties that we currently own and I am working with the Minister for Education and Lifelong
Learning to get better utilisation of school estate out of hours and I am pleased to report that we are
making progress in that area.
Connétable A.N. Jehan of St. John (The Minister for Infrastructure):
To continue on that theme, given the proposed £2.1 million budget cut in his department’s rolling
vote, and in the spirit of trying to find further savings, has the Minister considered the repurposing
of the existing Gas Place showroom into a youth facility upon vacation by Rock(?)? Would he be
willing to support such a use, something his Assistant Minister, the Constable of St. Helier, has been
championing?
The priority for this Government is to find a permanent home for a St. Helier youth centre in the
north of Town. I think that, with the amount of development in that area, the Council of Ministers
as a whole have come to that conclusion and we are refocusing our efforts to deliver that. We have
identified a site and we hope to progress as soon as we possibly can.
Sir Timothy Le Cocq(The Bailiff)
We come now on to Question 13. Before we do, I am afraid, Deputy Ozouf ...
I put my light on, Sir, to admit to an inadvertent ping, sorry. But also I was going to ask the Minister
for supplementary, but you did not get to me, so that is fine.
Sir Timothy Le Cocq(The Bailiff)
Well, I assumed that you were going to make the usual £10 contribution to the charity,
notwithstanding the musical nature of your interjection. Very well, we come to Question 13 that
Deputy Renouf will ask of the Minister for Infrastructure.
2.13Deputy J. Renouf of St. Brelade of the Minister for Infrastructure regarding the toilets that are part of the former Nude Food development at La Pulente (OQ 158/2024):
Will the Minister explain what work, if any, is being undertaken to ensure the toilets that are part of
the former Nude Food development at La Pulente are kept open to the public?
I thank the Deputy for his question. I am told that the toilets at the former Nude Food site have been
opened sporadically over the course of this summer. I understand the company, which owns the
former Nude Dunes restaurant at La Pulente, has gone into liquidation and that the handling of claims
against the company is with a liquidator. Under instruction from Jersey Property Holdings, litigation
has commenced against the company for failure to operate the toilets for regular use by the general
public. The liquidator has informed Property Holdings that the company has no funds with which to
open and operate the toilets, and officers are meeting on 19th September to discuss the matter.
Connétable A.N. Jehan of St. John (The Minister for Infrastructure):
If I hear correctly, the Minister said that the owner had said there was no funds to open the toilets.
My understanding is that during the recent filming of ‘Bergerac’, the toilets were opened for the
purposes of the use of extras and so on, so clearly it is possible to open them. The planning condition
stated that they should be open to all members of the public between the hours of 0900 and 2100
during B.S.T. (British Summer Time) and 0900 and 1700 during G.M.T. (Greenwich Mean Time) in
a manner fit for purpose and maintained in perpetuity. Can he confirm therefore that that planning
obligation, which normally falls on the Minister for the Environment, has been taken over and is
being enforced by Jersey Property Holdings?
As I mentioned earlier, I understood that the toilets had been open sporadically. I could not confirm
if they were, or they were not, open for ‘Bergerac’. I understand that question was asked on social
media last night and got mixed responses. The Property Holdings Department are working on this.
As the Deputy rightfully says, the terms of the use of that site includes in perpetuity toilets to be open
to the public during the hours that the Deputy mentions. It is a legal obligation and we are pursuing
that.
Would the Minister explore the possibility of allowing the previous very popular refreshment kiosk
to begin operating again until owners find a new buyer and are ready to trade? Any agreement could
include maintaining and monitoring the toilet facilities.
I dare say that depends on who is unlocking the door. I dare say my rates would be cheaper than
yours, Sir. Opening a toilet is not just about unlocking a door. If you open public toilets, you have
got to maintain them. You have got to ensure that they are clean. You have got to ensure that they
have got appropriate consumables there as well.
Can the Minister give us any indication about what he means when he says litigation has been started
against the owners for not keeping the toilets open? When can we expect to see this litigation come
to fruition and what form will it take?
I am not aware of the full details. What I am aware of is that there is a meeting scheduled for next
week and hopefully I will be able to update Members following that meeting.
Following on from that, is the Minister aware whether or not he is dealing with what is called a
planning obligation, which would be a matter that is a legal requirement as part of a planning consent
which the questioner asked and, if so, if it is a planning obligation, it is enforceable against that entity
and it is the planning authority that would enforce it? So perhaps it is his colleague, the Minister for
the Environment, that may well be able to assist in getting these toilets open and the enforcement
made.
Just to confirm then, it was contemporaneous. It was the planning obligation that came first, but it is
a planning obligation so it is enforceable. But he will advise.
I would need to go away and come back and advise the Deputy.
2.14Deputy K.M. Wilson of St. Clement of the Minister for Infrastructure regarding the reprofiling of the development of the Le Squez youth centre in the Proposed Budget (Government Plan) 2025-2028 (OQ 169/2024):
Will the Minister explain what impact, if any, the reprofiling of the development of the Le Squez
Youth Centre in the Proposed Budget (Government Plan) 2025-2028, to allow a new youth facility
in St. Helier will have on the new youth centre planned for in St. Clement?
I thank the Deputy for her question. There is a need to reprofile the capital programme to ensure that
it is both realistic and deliverable. As part of this work, improvements to the Le Squez Youth Centre
have been scheduled for 2028. It is important to highlight that the current services delivered from
the centre will continue and there will be no change in the youth work delivery. As I mentioned in a
previous answer, a new Town youth centre is required in the first instance to ensure that children and
young people in the Town area can benefit from the same level of provision to that which is available
to young people in other parts of the Island, including at Le Squez. The decision was taken with the
full support of the Youth Service and C.Y.P.E.S. (the Children, Young People, Education and Skills
Department).
Connétable A.N. Jehan of St. John (The Minister for Infrastructure):
The consultation with the Youth Service is fine, but what consultation took place with the young
people in the area and what was the feedback regarding their decision? Can the Minister explain to
us why we have now got one Parish pitched against the other in terms of its development around
youth services?
I am not aware of the consultation that took place, whether the Youth Service consulted with their
members or with the wider community. All our services and facilities are important for young
Islanders. We have areas where there are facilities and there are areas where there are none. Many
of us here will be able to remember and name many youth clubs that used to be in the St. Helier area,
such as Aquila, Seaton, so on and so forth, which are no longer there. We need to provide services
in St. Helier and the decision has been made to make that a priority.
I wonder whether or not the Minister would advise whether or not he consulted his fellow
Connétables on the allocation and the importance of St. Helier. He is both a Minister and a member
of the Comité des Connétables and, as the questioner rightly says, there is an understanding of the
importance of St. Helier. Of course, there are voices for all Parishes, of which St. Saviour and St.
Clement are, of course, voices on the Comité des Connétables. Did they have a chance to have their
say?
The discussion around the priorities of the Government Plan was made by the Government and the
Council of Ministers took long and hard discussions and debates about this. We have heard from a
previous question about the need for facilities in St. Helier where there are no facilities. We have
facilities in St. Clement and in St. Saviour and we are looking to further increase the provision of
those facilities utilising the school estate which is available to us.
Sorry, it was quite a simple question: did he discuss it with the Comité des Connétables? I know it
is Government, but he is a Minister in a Government, and is a member of the Comité des Connétables,
on the Council of Ministers; was it discussed by the Comité?
Sir Timothy Le Cocq(The Bailiff)
I inferred from the answer that all of the decision was made around the Council of Ministers’ table
but if you wish to answer that ...
Infrastructure provides the services. I did not discuss it with my fellow Connétables at the Comité
des Connétables. If my fellow Connétables would like to put it on the agenda, I am more than happy
to discuss it with them at that arena.
2.15Deputy L.M.C. Doublet of St. Saviour of the Minister for Health and Social Services regarding the improvement of women’s health services (OQ 168/2024):
I wonder if the Deputy would be minded to allow me to pass that over to my Assistant Minister,
Deputy Howell, who is responsible.
Sir Timothy Le Cocq(The Bailiff)
Yes, very well.
Social Services -rapporteur)
Thank you to Deputy Doublet for her question. We have an action plan for progressing improvements
to women’s health services that I will be sharing with the Women’s Health Political Advisory Group
later this month and then with Scrutiny. New criteria for access for funded I.V.F. (in-vitro
fertilisation) services have recently been published and I would like to thank everyone who helped
to shape these criteria, especially Deputy Stephenson for bringing the initial proposal to the
Assembly. But these criteria will only come into effect from 1st January if the Assembly approves
the necessary funding for the Government Plan, and I urge them to do so. The recently refurbished
maternity unit is now open, which includes the dedicated midwifery-led unit. There is also a
counsellor, mental health specialist nurse and a breastfeeding specialist. We are listening to feedback
from Jersey Maternity Voices, a group of service users, who provide continual service improvement
feedback. The findings of the recent survey on contraception services will be published later this
month and the findings of the women and girls’ health and well-being survey will be available as part
of the Jersey strategic needs assessment in quarter 4, 2024. We continue to progress plans to provide
an opt-out breast screening service as opposed to an opt-in screening programme by early 2025. This
will ensure that every woman is automatically invited to a screening appointment at the right time.
With regard to the termination of pregnancy, there is an active review of fees under way. With the
Minister’s support, I have determined that terminations should be free of charge for those under-18s,
full-time students under 21 ...
Sir Timothy Le Cocq(The Bailiff)
Assistant Minister, I am sorry, you are well over the time normally allocated for a Ministerial answer.
Can you bring your answer to a swift conclusion?
Andy Howell(Deputy A. Howell of St. John, St. Lawrence and Trinity)
Yes. We have other things that we are doing to improve women’s health, especially we are going to
try to get the gynaecological ward up and running again. Thank you. But I will carry on and let
everybody know.
Sir Timothy Le Cocq(The Bailiff)
Just as a reminder, Ministerial answers should be no longer than ... or any answers should be no
longer than one minute and 30 seconds. Sometimes people stray over that and there is an element of
leeway afforded by the Chair, but there has to be a limit.
Andy Howell(Deputy A. Howell of St. John, St. Lawrence and Trinity)
I apologise, Sir.
Sir Timothy Le Cocq(The Bailiff)
No, not at all, it is an ongoing learning process. Yes, a supplemental question.
Deputy A. Howell of St. John, St. Lawrence and Trinity (Assistant Minister for Health and Social Services - rapporteur):
I thank the Assistant Minister for her answer. In a letter to my Scrutiny Panel in July, the Minister
stated that he was unable to commit to deliver wholesale legislation change in the area of termination
of pregnancy due to limited resources. Could the Assistant Minister explain where the resources that
were previously allocated to this work have been reallocated to?
Andy Howell(Deputy A. Howell of St. John, St. Lawrence and Trinity)
I thank the Deputy for her question. I am very sorry, I cannot say exactly where the resources have
gone, but we are continuing to make improvements to women’s health.
2.15.2Deputy L.K.F. Stephenson of St. Mary, St. Ouen and St. Peter:
Lucy Stephenson(Deputy L.K.F. Stephenson of St. Mary, St. Ouen and St. Peter)
On 21st June, the Minister for Health and Social Services was quoted in the media as saying he was
trying to get resources to get the full review and update on the Termination of Pregnancy Law back
on track, yet recent communications with Scrutiny show that this has not been achieved. Can the
Assistant Minister detail what steps were taken to try to secure resources and why it has not been
possible?
Andy Howell(Deputy A. Howell of St. John, St. Lawrence and Trinity)
We are trying to do our best with the resources we have and we just have to prioritise what we can.
Lucy Stephenson(Deputy L.K.F. Stephenson of St. Mary, St. Ouen and St. Peter)
I am not sure that answered the question. What steps were taken to try to secure resources?
Andy Howell(Deputy A. Howell of St. John, St. Lawrence and Trinity)
Discussions are ongoing.
Lucy Stephenson(Deputy L.K.F. Stephenson of St. Mary, St. Ouen and St. Peter)
Can I have a supplementary?
Sir Timothy Le Cocq(The Bailiff)
You can ask a supplemental question, yes, indeed.
2.15.3Deputy L.K.F. Stephenson:
Lucy Stephenson(Deputy L.K.F. Stephenson of St. Mary, St. Ouen and St. Peter)
What resources would be needed to get the work back on track, please?
Andy Howell(Deputy A. Howell of St. John, St. Lawrence and Trinity)
I think we would need a greater amount of money in the Budget.
What risks were identified by not bringing forward the new law as previously planned and what
mitigation, if any, has been made to deal with those risks?
Andy Howell(Deputy A. Howell of St. John, St. Lawrence and Trinity)
We were not able to do that and we are prioritising what we can with the funds and resources
available.
Does the Assistant Minister mean they were not able to identify the risks of not bringing forward this
legislation?
Andy Howell(Deputy A. Howell of St. John, St. Lawrence and Trinity)
We prioritised, Deputy Tadier, what ...
Sir Timothy Le Cocq(The Bailiff)
Through the Chair, please.
Andy Howell(Deputy A. Howell of St. John, St. Lawrence and Trinity)
Sorry. Thank you, Sir. We prioritised what we absolutely needed to do, which included the fact that
... I will read it to you. We are drafting instructions to allow all women in Jersey to have access to
termination in Jersey as opposed to just those who are ordinarily resident for 90 days, and that will
be issued imminently.
Could the Assistant Minister commit to ensuring that information relating to this area will be prepared
in advance of our next Scrutiny hearing so that the questions can be answered fully, including how
much money and resources would be required to fulfil the requirements of this policy area?
Andy Howell(Deputy A. Howell of St. John, St. Lawrence and Trinity)
Yes. Thank you.
2.16Deputy M.B. Andrews of St. Helier North of the Chair of the States Employment Board regarding public sector redundancies (OQ 151/2024):
Will the Chair advise how many positions across the public sector have been subject to redundancy
since the current Council of Ministers took office this year?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
The Vice-Chair of the States Employment Board will take the question if that is acceptable.
I thank the Deputy for the question. As of 31st August 2024, 8 positions have been made redundant
across the public sector with a saving of £552,000 per annum.
Deputy M.R. Ferey of St. Saviour (Vice-Chair, States Employment Board - rapporteur):
No contributions recorded for this item.
2.16.1Deputy M.B. Andrews:
Max Andrews(Deputy M.B. Andrews of St. Helier North)
Can the Vice-Chair confirm whether more redundancies will happen before the end of this year?
Yes. This is an ongoing process and part of the savings in payroll is to seek out further redundancies
within the public sector of grade 11 and above.
2.16.2Deputy L.K.F. Stephenson of St. Mary, St. Ouen and St. Peter:
Lucy Stephenson(Deputy L.K.F. Stephenson of St. Mary, St. Ouen and St. Peter)
During that time period, how many redundancies have been made in the Communications
Department and how many members of staff from that department are being redeployed to other
areas?
I thank the Deputy for the question. The savings in payroll are coming from across departments, but
so far the ones that have been identified are through the Office of the Chief Executive and through
the Chief Operating Office. So the savings in payroll from the Communications Department, first of
all we are seeking redeployment and then further to that we will be looking at redundancies on a
voluntary basis, and that is the first plan of attack.
2.16.3Deputy L.K.F. Stephenson:
Lucy Stephenson(Deputy L.K.F. Stephenson of St. Mary, St. Ouen and St. Peter)
Just to confirm, there have so far been no redundancies from the Communications Department?
Could the Chair or the Vice-Chair tell us whether there is a target for the number of people who will
be let go and, if so, whether the target, if there is a target, is being met by asking people to go or
targeting particular roles which it is desired to close?
I thank the Deputy for the question. The target is not on specific numbers of individuals. The target
is on savings. So the £15 million savings as identified in the Common Strategic Policy is what we
are aiming for, and the number of individuals that fit within those £15 million payroll savings is
where we will end up. Can the Deputy just remind me of the second part of his question?
Thank you. No, not specific roles, but the savings are targeted at grade 11 and above. So it will be
the upper tiers of management so that we will end up with a flatter management structure throughout
the organisation.
Does the Vice-Chair not agree that there is a risk that simply relying on volunteers means that key
skills and key experiences and capacity will be lost? For example, somebody may volunteer for
redundancy in an area where that job is very much required but it is possible to let them go because
that meets the target. What is he doing to ensure that vital capacity is not lost and that the decisions
over people who leave are aligned with the priorities of the Government?
Obviously, a lot of work is going on in that area. So where someone does decide to leave we will
seek to redeploy from within existing resources to fill those positions. We also, of course, have a
recruitment freeze for a period of 9 months to ensure that we do not take on any more staff while we
are trying to rearrange the current staff that we have. So I do not believe that that is a risk, but the
mitigations that we have in place should make sure that that is not really a risk.
The Assistant Minister talked about the savings that are being made, but what have the costs of the
redundancies to date been; for example, what in terms of payoffs that might need to have been made
to staff in order to get them to leave this year?
I thank the Deputy for the question. So, yes, obviously we have contractual obligations when staff
leave their posts and it is down to their grade and perhaps their length of service. So the payments,
of course, there is a cost when staff are let go, whether that is compulsory or voluntary, and the
payments that have been made thus far range from £9,000 to £115,000.
It would be good to know what the total savings are. That does not really give us ... he has given us
the savings that have been made but not the costs, so what is the sum of those costs?
Inna Gardiner(Deputy I. Gardiner of St. Helier North)
We are here at the Assembly again and again; there is no capacity within the system to develop
policy, especially within the policy teams. Can the Vice-Chair of S.E.B. (States Employment Board)
reassure that redundancies will not affect the ability of the Government to develop policies and not
affect policy development?
Obviously, part of the exemptions from these savings are essential and front line services so policy
would be regarded ... certain parts of policy would be regarded as essential service for delivering the
Government’s priorities.
2.16.9Deputy I. Gardiner:
Inna Gardiner(Deputy I. Gardiner of St. Helier North)
Thank you for the answer. Certain I am not sure. Would also the Vice-Chair reassure that employees
who took a redundancy will not come back as standalone consultants, as we had previously cases,
because we would not have capacity and knowledge within the system and we require consultancy
services?
I thank the Deputy for that additional question. Obviously, part of this plan, as I mentioned earlier,
is the freeze on recruitment, so anyone who is let go for whatever reason would not then be
subsequently re-employed because there is currently a recruitment freeze.
Inna Gardiner(Deputy I. Gardiner of St. Helier North)
I did not ask about re-employment, engaged as an external consultant.
That certainly would not be the objective or the plan when someone is let go on that basis.
2.17Deputy J. Renouf of St. Brelade of the Minister for Health and Social Services regarding the planned restructure of the Health and Community Services Department (OQ 159/2024):
the planned restructure of the Health and Community Services Department (OQ159/2024)
Further to his recent speech at the ‘Our Health in Our Hands’ conference, will the Minister update
the Assembly on his planned restructure of the Health and Community Services Department?
Earlier in the summer I was invited to share my initial thoughts on the health service and articulate
any views I had on how matters might be improved. I expressed my views accordingly and took the
opportunity to share the transcript of what I said by email to all States Members. Since then, in
conjunction with my Assistant Ministers and the lead policy officer, we have been in the process of
refining our ideas, and recently we started to consult with more senior leaders in H.C.S. (Health and
Community Services), and going forward we will be consulting with the wider health service. Once
we are sure the ideas are workable and likely to deliver a more coherent service, we will look to
present them to the Council of Ministers, Scrutiny and the wider Assembly before making them
public. Just to put everyone’s minds at rest, especially the large number of people working within
H.C.S., the essential principles of the work do not vary much from what was said at the earlier
conference and the incentives are mainly on creating a more inclusive and autonomous service,
improving interaction with primary care, the charitable sector and public health, but the overall goal
being to create a more seamless, efficient, interconnected and, perhaps quite importantly, a more
contented service. I hope that helps to answer the Deputy’s question.
Deputy T.J.A. Binet of St. Saviour (The Minister for Health and Social Services):
Could the Minister offer reassurance that he will undertake full consultation on these proposals at the
appropriate time? Could he also give a commitment that they will be the subject of a vote in the
Assembly also at the appropriate time?
On the first part of that question, I thought I had alluded to the fact that we have already started a
consultation process. Secondly, whether it requires to come to the Assembly is yet to be defined. So
it will depend entirely on the extent of any changes that are proposed. Fairly obviously, if those
proposals require coming to the Assembly, then of course they will.
2.17.2Deputy I. Gardiner of St. Helier North:
Inna Gardiner(Deputy I. Gardiner of St. Helier North)
Would the Minister advise what the timescale is for the proposed restructure?
I do not have a proposed timescale because this is work that is ongoing with other work, but we are
proceeding as quickly as we can because we would like to get everything, if we can, organised, done
and possibly in place within this Parliament. So we are just moving as quickly as we can.
2.17.3Deputy I. Gardiner:
Inna Gardiner(Deputy I. Gardiner of St. Helier North)
We know that the turnaround team contracts will expire by the end of this year and we know that the
contract for the current H.C.S. chief officer will expire shortly as well, within I think 6 months.
Would the consultation be done, be ready before, and if recruitment process will take place?
A little bit of a difficult one. All of those posts are currently under discussion and I think we are
quite close to resolving them, but we need to be absolutely certain before we make any
announcements. But they are being considered and dealt with at the moment.
2.17.4Deputy L.K.F. Stephenson of St. Mary, St. Ouen and St. Peter:
Lucy Stephenson(Deputy L.K.F. Stephenson of St. Mary, St. Ouen and St. Peter)
What steps is the Minister taking to ensure that he takes people - and that is staff, the public and this
Assembly - with him on this journey so that all the hard work is not wasted come the next election?
I do not think I can say anything more other than the fact that we have started a consultation process.
We are going to be as thorough as we can and it is pointless trying to impose things on people that
are not going to work or that are not going to be acceptable, so we will just work as hard as we can
to make sure we do the job as well as we can.
2.17.5Deputy L.K.F. Stephenson:
Lucy Stephenson(Deputy L.K.F. Stephenson of St. Mary, St. Ouen and St. Peter)
What does the Minister believe is a realistic aim for him to have achieved on this matter by the end
of this political term?
I think I will refer to the comments I made earlier. We are looking ... the overall goal, as I said, is to
create a more seamless, efficient, interconnected and more contented service, so those are our goals.
2.17.6Deputy H.L. Jeune of St. John, St. Lawrence and Trinity:
Hilary Jeune(Deputy H. Jeune of St. John, St. Lawrence and Trinity)
Within this restructuring, alongside that I believe the Minister in the past has promised a new strategy
for health in the Island. Where is it and who is involved in the design and how does that interrelate
with the restructuring and your vision that you have just outlined for what you would like to see in
health?
The development of a strategy is very much in its early stages. Unless you get the structure of
something right, it would be a little bit like arranging the deckchairs on the deck when you have not
fixed the hole at the bottom of the boat. So a strategy will emerge, but part of that strategy is
designing a more inclusive and more cohesive service in the first instance.
2.17.7Deputy H.L. Jeune:
Hilary Jeune(Deputy H. Jeune of St. John, St. Lawrence and Trinity)
I am not sure if I would see this the same way. A strategy would be about what you would like the
health service to deliver and then you would restructure according to what you would like to deliver,
which would be outlined in a strategy. So I would like just to confirm with the Minister if there at
least are some clear points that would come out before the restructuring so Islanders and the
Assembly would know what kind of key areas for healthcare the Minister for Health and Social
Services would like to focus on in his restructuring.
I think this one is quite simple. We have obviously a different way of working. That would not be
my approach. I have stated what my approach is. It is basically to restructure in the first instance
and the strategy will evolve from there.
Just perhaps a couple of clarifications. The last major reorganisation of the ... restructuring, rather,
of the health service was P.19/2023, which was subject to a vote. The Minister availed himself of
the opportunity to vote against it. So would he commit to a vote on the subsequent restructuring
which seems to be implied by this? Could he clarify what will happen to the chief officer role, to the
recruitment of the new chief officer if they are being recruited into a role that will fundamentally
change should the restructuring go ahead?
I will repeat what I said earlier. If the proposed restructuring is substantive and requires to come
back to the Assembly, then of course it will. If there are only minor changes that do not require to
come back, then they will not.
The second part of the question was the role of the chief officer, which might be changed quite
dramatically after they are reappointed in the new year. So what contingencies or what does he have
to comment about that potential situation?
We are not quite at the point where we know whether that restructuring will involve one or 2 roles
and I do not want to go into anything further than that at this stage. But as I said in answer to Deputy
Gardiner’s question, those things are currently under review. Decisions are imminent but not yet
made.
2.18Deputy T.A. Coles of St. Helier South of the Minister for Infrastructure regarding an update on the Bus Operator Contract (OQ 157/2024):
Will the Minister provide an update on the bus operator’s contract and advise when both the retender
process is likely to be complete and confirmation of a successful operator will be given to the
Assembly?
It seems like tenders are like buses this morning. The position remains that the bus operator contract
is being tendered in accordance with the Public Finances Manual. The tender process is running to
schedule and there has been a good level of interest shown. The appointment of an operator is
expected to take place later this autumn, at which point an announcement will be made.
Connétable A.N. Jehan of St. John (The Minister for Infrastructure):
I have not been involved in the process, quite rightly so - it has been officers that have been doing
the work - so I would expect to be briefed towards the end of this month or early next month. I would
not expect a decision to be made after October. I would like to think it will be sooner rather than
later.
2.19Deputy I. Gardiner of St. Helier North of the Chief Minister regarding an Internal Government Digital Strategy (OQ 164/2024):
Will the Chief Minister detail the progress, if any, which has been made in 2024 to develop an internal
Government digital strategy?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
Following a number of operational I.T. (information technology) incidents in January and February,
the Chief Information Officer led a review of the underlying infrastructure supporting the
Government’s digital services, which has been used to create a plan to support further investment in
the digital infrastructure to support digital systems. A strategy was commenced under Deputy Curtis
and the previous Government and planned revisions to the draft digital strategy will lay out how a
major focus of the digital services function will be on remediating and upgrading the I.T.
infrastructure to provide a solid foundation upon which further digitisation can occur.
[11:45]
Three immediate actions are improving the reliability of front line digital services, prioritising
projects and programmes for delivery as soon as possible, and simplifying digital systems. That is
aimed at reducing risk to the provision of digital services by upgrading and enhancing the highest
risk applications.
Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter (The Chief Minister):
No contributions recorded for this item.
2.19.1Deputy I. Gardiner:
Inna Gardiner(Deputy I. Gardiner of St. Helier North)
Thank you to the Chief Minister for assuring that the work is continuing. Will the Chief Minister
advise if the digital I.D. (identification) to digitalise Jersey has been considered and if it is anywhere
in the plans to introduce one digital I.D. that we did have to integrate our governance system?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
I would have to double check and I will do that and come back to the Deputy, if I may.
2.20Deputy K.M. Wilson of St. Clement of the Chief Minister regarding restructuring the Civil Service (OQ 170/2024):
I do believe a large proportion of my question has already been answered by the previous question
on this issue, but I did have a supplementary if you would allow me to ask that supplementary in
relation to this question.
Sir Timothy Le Cocq(The Bailiff)
Well, I am sorry, we have moved on to that question. You can ask it or you can withdraw it, but you
cannot really ask a supplementary of a question you have not asked.
All right. Well, I will agree to withdraw it and I will speak to the Chief Minister separately.
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
I was hoping the Deputy would ask it because we could clarify any points that might be lying over
from the previous questions.
Sir Timothy Le Cocq(The Bailiff)
The Deputy has withdrawn it and that is the ... of course, Chief Minister, you do have question time
coming up as well, so that can be dealt with there, I am sure.
Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter (The Chief Minister):
No contributions recorded for this item.
2.21Deputy M. Tadier of St. Brelade of the Minister for Education and Lifelong Learning regarding a student's ability to access provision of learning in their home language whilst at school in Jersey (OQ 163/2024):
regarding astudent's ability to access provision of learning in their home language whilstat school in Jersey (OQ 163/2024)
Will the Minister advise what importance, if any, is placed on a student’s ability to access provision
of learning in their home language while at school in Jersey and what plans, if any, exist to improve
this access?
Robert Ward(Deputy R.J. Ward of St. Helier Central)
I thank the Deputy for the question. A high importance is placed on access to home languages
learning for pupils in Jersey schools. The Language Policy for Education 2022, which is under a
scheduled review after its first 2 years, will continue to reflect the high priority and importance that
is placed on learners’ access to provision in their home language while at school in Jersey.
Deputy R.J. Ward of St. Helier Central (The Minister for Education and Lifelong Learning):
It is news to me that the current language policy is under review. Could the Minister give some more
information about why it is being reviewed, what is being reviewed and who is leading on that
review? Is it somebody who is already in-house or is somebody being brought in to do that review?
Robert Ward(Deputy R.J. Ward of St. Helier Central)
They are scheduled to review every 2 years and we would want to look at the multi-language learner
policy, of course, because there is a context to how we deal with this depending on the demands made
elsewhere with regards languages. As we are currently in a context of a lot of demands being made
on languages in schools with different propositions and different things coming forward, we have to
look at the way in which we can also allow multi-language learners to access. Currently, there are
84 countries of birth listed in 2021 in our schools. At one of our primary schools there are 38 first
languages other than English, and they are demands being made on our schools that are being dealt
with as best they possibly can. So now is a really good time to lead that review and it will be led by
the person who leads language learning. I believe the person who was doing it has been seconded to
something else but it may be time to return to that focus in modern languages.
Sir Timothy Le Cocq(The Bailiff)
Very well, that brings questions to an end. I do not know if people are leaping in because they want
to ask a question of the Minister or they are leaping in to be first in for the first period of the questions
without notice. I brought questions to an end. I think questions are at an end and we are moving
now to the next period of questions.
Sorry, Sir, can I test that? I am obviously not in the Assembly but were there other people who
wanted to ask supplementaries on that? I think we still have time.
Sir Timothy Le Cocq(The Bailiff)
I work on the assumption if no one has lit up my screen, to use the perhaps unfortunate expression
[Laughter], and I have not seen a light on at the time when the question is last answered, I assume
no one wishes to ask a question. As soon as I said questions are over, Deputy, that was it and there
was no one asking at that point.
If that assists you. Very well, we come to the period of questions without notice. The first Minister
is the Minister for Sustainable Economic Development. Before I call upon the Minister, can I just
write a few names down here to make sure that I have not forgotten people? I have noted the
Connétable of St. Saviour, Deputies Ahier, Coles and Renouf, Deputy Alex Curtis, and Deputies
Stephenson, Gardiner and Tadier, so let us see where we get to.
3.Questions to Ministers without notice - The Minister for Sustainable Economic Development
No contributions recorded for this item.
3.1Connétable K.C. Lewis of St. Saviour:
Kevin Lewis(ConneÌtable K.C. Lewis of St. Saviour)
Further to a question this morning by Deputy Miles regarding banking, is the Minister aware that
St. Saviour has just lost its final bank? In recent times, we have lost Miladi Farm, Lloyds Bank, Five
Oaks, and now HSBC Five Oaks has closed, leaving St. Saviour without a bank. As the Island seems
to be moving towards a cashless society and many shops in town, including coffee bars, are card
only, this will put people without a bank account at a severe disadvantage. Does the Minister not
agree?
Economic Development)
There is so much in that question, if I was to say I agree or disagree I would be agreeing or disagreeing
to an enormous amount. So, rather than saying whether I agree or disagree to various things, I
absolutely recognise the Connétable’s concern and also agree with that concern, although I also
accept that this question may be better put to the Minister for Financial Services than myself because
I do not have responsibility for banking. But I have raised with him on several occasions my concern
that the consumer-facing banks in Jersey are perhaps not always providing the services that Islanders
need and that I often see that from the small business perspective. Even in areas like hotels I have
heard about the difficulties of gaining finance and things like this. So what I do agree with is that the
closure of a branch in Les Quennevais is a closure of a branch which will have been used by many
people in that area, it will have been very useful, and particularly as you move further into an Island
with a population that is older, then it seems to me that there is likely to be perhaps a greater call for
rural branches. So, it is a concern of mine and I do wonder if perhaps we could even think as an
Island of rather than one branch perhaps there can be one location but with 3 or 4 banks operating
out of that location. That is purely an idea, but yes, I absolutely recognise the concern. I do share
that concern, and I am happy to speak to the Minister for Financial Services on that matter as well.
Deputy K.F. Morel of St. John, St. Lawerence and Trinity (The Minister for Sustainable Economic Development):
No contributions recorded for this item.
3.1.1The Connétable of St. Saviour:
Kevin Lewis(ConneÌtable K.C. Lewis of St. Saviour)
Just very briefly, it was not just St. Saviour but obviously our friends in Grouville and St. Martin
used to use that facility there. Lots of small businesses who do have cheques and payments to pay
in, now have to go into town, exacerbating the parking situation, if you can find a space. It is from
that angle that I fired this question off to the Minister. We really need to get a grip on this and maybe
...
Sir Timothy Le Cocq(The Bailiff)
I am afraid this is a speech, Connétable.
Kevin Lewis(ConneÌtable K.C. Lewis of St. Saviour)
I am coming to it, yes, Sir.
Sir Timothy Le Cocq(The Bailiff)
If we could have a question, that would be really helpful.
Kevin Lewis(ConneÌtable K.C. Lewis of St. Saviour)
Yes, Sir. If we could come together and make some facilities for a local bank, does the Minister not
agree?
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
The Minister does agree, and I think that was the thrust of my previous answer. I do think this is an
issue we should come together on. I think there are a number of areas or a number of aspects upon
which the lack of bank branches touches. Exactly as the Constable said about the traffic impact is a
really good example of how banking is ... we think of it as just purely finance, but in this case, it also
potentially has an impact on traffic in town and things like this. What I would also add is when
people say to me there is never anywhere to park in town, I will always retort there is always a space
in Pier Road.
Sir Timothy Le Cocq(The Bailiff)
I would just say from the Presiding Officer’s point of view asking: “Does the Minister agree or not
agree?” seldom turns a speech into a question [Laughter], so if Members could be careful and tailor
their questions so they are quite short.
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
May I suggest it seldom receives a short response from the Minister either.
Sir Timothy Le Cocq(The Bailiff)
Well, I am holding off on that one so far.
3.2Deputy S.M. Ahier of St. Helier North:
Steve Ahier(Deputy S.M. Ahier of St. Helier North)
Air display funding has been cut by approximately ... from £100,000 to £40,000 over recent years.
Is it the Minister’s intention to reduce that down to zero and how much has been given in total to
allow the event to go ahead this year?
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
I thank the Deputy for his question, and I can state it is not the Minister’s intention to cut the air
display funding to zero and never has been the Minister’s intention to do that. What the Minister
would like to see is a very-to-date, innovative, professionally organised air display which is inclusive
of all Islanders. In that respect, one thing I would like to see is perhaps a more commercial angle
from the air display so that it can raise its own funding. I must say that I was absolutely delighted
with both the crowd-funding initiative and the response to the crowd-funding initiative because that
is exactly the sort of thing I believe the air display organisers needed to do rather than just purely
turning to Government for further grants. By trying to limit the grant to £40,000 when more was
needed, rather than just coming solely to Government and then saying: “Oh, the air display cannot
go ahead because the Government will not give us any more”, by turning to crowd funding, the air
display organisers have shown that Islanders are really willing to help out. Those Islanders who are
helping out through that area are obviously those Islanders who value the air display more than the
Islanders who did not. So, I am really delighted with that initiative, and I do hope that the air display
continues to seek other outlets for funding rather than just government funding.
3.2.1Deputy S.M. Ahier:
Steve Ahier(Deputy S.M. Ahier of St. Helier North)
If he could just confirm that the amount was £40,000, that would be useful. By his response, is he
intending somehow to remove the current organisers? Does he intend to put it out to tender?
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
Yes, I confirm the amount to date is £40,000. We did hold an expressions of interest either last year
or the year before and we did receive some responses, but it was the case that they were not ready to
take over the air display ... or it is not even take over the air display, anyone can hold an air display,
it is an entirely private event. But there was no response which seemed, from our perspective, to be
worthy of shifting the funding to another organisation, which is why we have stayed with the Jersey
International Air Display. There are no current plans to hold another tender process.
With regards to the living wage grant, will the Minister confirm whether businesses created after the
announcement of the living wage was made would be able to access this grant scheme?
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
It is an interesting and it is obviously a very detailed point. I will have to get confirmation on whether
there is a limit around that. Off the top of my head, I do not think there is, but I cannot be sure, and
I would have to go back and check to make sure I have the correct answer.
Can the Minister explain why the Social Security Fund was chosen as the source of funds for living
wage transitional support?
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
That was a decision around the entire Council of Ministers table. I do not think it would be
appropriate for me to put my take on that alone, but I do believe there was an alignment between the
living wage and social security in itself, as in by paying a living wage you are helping people who
do not rely on social security perhaps in the same way. But I am pleased it was a Council of Ministers
decision, not my own Ministerial decision, so I would not like to speak for the entire Council of
Ministers.
I am slightly surprised that the Minister does not have more interest in this, given that in the past the
Assembly has proved highly resistant to using the Social Security Fund in this way. Therefore, surely
does he accept that there is a risk that by choosing this method, he risks potentially losing the funding?
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
Again, 2 things there. One, I did not choose this method. It was a Council of Ministers decision; it
was not my decision. Number 2, I have enormous interest in this area and please do not take a lack
of desire to speak on behalf of a group of 11 people as a sign of a lack of interest from my part. I
would seriously hope that Assembly Members do not try to remove that funding. I think it is really
important.
[12:00]
It is really important for us in the way that the Budget is shaped for future years and I think it is really
important that we do provide support as we transition to this living wage. Were we not to provide
that support, I think we will end up seeing significant pressures which could lead to business failures
within the economy.
The 2023 Jersey Business Annual Report and Accounts show that the productivity scheme in that
year had 90 enquiries and 4 successful grants totalling £181,500 of grants. Given the Minister is
proposing a £7 million productivity support scheme, what changes, if any, is he proposing to the
scheme to enable it to be viably used within the planned period?
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
Jersey Business has already improved on those figures for the subsequent year. If that is the 2023
report, then 2024 is certainly different, I believe. We are already working with Jersey Business to
understand how best they will market the scheme precisely because Jersey Business will be the
organisation that is likely to deliver this.
Will the Minister confirm that the productivity support scheme has been running in 2024 and, if so,
will he endeavour to get updates on the data to States Members in due course?
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
I believe so. There is now an element of doubt in my mind just from the question itself, but I will go
back and I will get an update on the status of the productivity support scheme as is. Because now I
think about it, we did pull back because of the earlier lack of interest, so we did want to redesign it
to make sure we got more. I am sure we have been sending stuff out, but I will get an updated report.
3.6Deputy L.K.F. Stephenson of St. Mary, St. Ouen and St. Peter:
Lucy Stephenson(Deputy L.K.F. Stephenson of St. Mary, St. Ouen and St. Peter)
I was pleased to see the launch of the performance sport programme by Jersey Sport using £120,000
approved by this Assembly in the last Government Plan. However, £150,000 a year had been
budgeted under the Minister’s remit for performance sport. Can the Minister explain where the
remaining £30,000 has gone, please?
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
I believe that is likely to be ... given that £30,000 is 20 per cent of the £150,000, that is due to the 20
per cent cuts that were made to the Government Plan from last year.
3.6.1Deputy L.K.F. Stephenson:
Lucy Stephenson(Deputy L.K.F. Stephenson of St. Mary, St. Ouen and St. Peter)
The Jersey Sport programme is described as a pilot for 2024, which will be considered for delivery
in 2025 and beyond. Can the Minister assure the Assembly that if the Jersey Sport programme is not
considered to have been a success, the money will continue to be used to support performance sport
in Jersey, just in another way?
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
I thank the Deputy for her question. I do not see why that would not be the case. If the scheme is
considered not to be a success, I would then turn to the Assistant Minister with responsibility for
sport to understand how he would want to improve the scheme to make it a success or redeploy that
money in a way that does back sport, rather than redeploying it somewhere else.
3.7Deputy I. Gardiner of St. Helier North:
Inna Gardiner(Deputy I. Gardiner of St. Helier North)
I would like to ask: would the Minister advise if he is aware about sentiments among the small
businesses and local businesses that they feel that the Government of Jersey procurement is broken,
serving to act as a barrier to business being done than to supporting them to engage with the
Government?
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
It is sad but I agree wholeheartedly with that sentiment. I have serious concerns about the processes
in procurement and how they make it difficult for local businesses to access procurement, the time it
then takes for responses to come back. The reason I know this is because I know how long it takes
a small business to write a tender for any element of procurement. Then I have heard various
examples of never hearing back from the Government, it is taking months and months and months,
despite this small business having spent perhaps a week or 2 weeks dropping all other work in order
to do the tender process itself. So, it does not surprise me that the Deputy is hearing this sort of
concern from the business community, but I find it very sad that it does not surprise me because it is
something that I really wish we would enable small businesses to more easily procure from the
Government. Indeed, I brought my own proposition in 2019 to that effect, but sadly I have not seen
a great deal of change in regard to procurement from small businesses.
3.7.1Deputy I. Gardiner:
Inna Gardiner(Deputy I. Gardiner of St. Helier North)
I am grateful to the Minister for his response because this is the reality. Would the Minister engage
with the Minister for Treasury and Resources, who is responsible for the procurement system, and
maybe review the current existing policy which can allow local small business especially to get easier
access to the tenders?
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
I certainly will commit to speaking with the Minister for Treasury and Resources about this. I do
find in general one of the ... and this is for all States Members. Government processes in terms of
outward-facing processes where the general public in whatever regard interact with Government,
they need to be improved in so many areas. From the perspective of how Islanders see Government,
if those processes are difficult, then Islanders are guaranteed to come out with a negative impression
of Government. So, by purely improving those processes, it could be anything from getting a passport
to procuring from Government, it could be anything, if they are smooth and easy and understandable,
then Islanders themselves, I am sure, will end up with a better impression of the Government that
serves them.
Sir Timothy Le Cocq(The Bailiff)
With almost prescient timing, that brings the time available for questions to this Minister to a close.
The next Minister is the Minister for Treasury and Resources.
4.Questions to Ministers without notice - The Minister for Treasury and Resources
First of all, I will just apologise to the Minister, but this question has only come about because of a
proposition that we have had published to us this morning. The proposition is about the Westaway
Trust being transferred into another trust fund. How many trust funds is the Minister responsible
for?
Resources)
I do not know how many. I do not have that number. I think the Treasurer often is involved in
making many of those decisions and I think there are other bodies and groups that have been
established. I think there are quite a number of funds and there are quite a number of groups and
bodies who administer them. I know, for example, that there was a degree of, shall we say,
rationalisation a year or 2 ago where management and decision-making around certain funds was
moved from the jurats into, I believe, a part of Treasury, but I cannot remember the detail of that.
So, I do not know the exact number, but I can certainly ask that question.
Deputy M.E. Millar of St. John, St. Lawrence and Trinity (The Minister for Treasury and Resources):
I thank the Minister for her answer. My next question comes about with the review of the
administration. You have slightly touched on it, but would you commit to a full review to ensure
that the best use of these funds are approached and what funds could be consolidated together to get
the better returns?
Sir Timothy Le Cocq(The Bailiff)
Would the Minister commit, not would “you” commit. Would the Minister commit?
Elaine Millar(Deputy M.E. Millar of St. John, St. Lawrence and Trinity)
I think that is a very interesting question. I think that is part of an ongoing process. As I say, there
have been general reviews over the years to look at how these funds are managed. They are managed,
I think, in a way that is as professional as possible, and I think with the Westaway funds the issue is
simply that ... well, there are 2 issues. Firstly, there are very small amounts of funds available. We
are only allowed to spend the income rather than the capital. Once those funds are distributed among
all the Parishes, it is a very small amount to distribute. Because of the requirements of the use of the
funds, it is actually very difficult to spend. The initial objectives are very difficult to effect in the
current environment and also it requires headteachers to be involved and headteachers feel that they
cannot make certain decisions that the original establishment would do. So, we do keep a very close
eye on all of these funds and ensure that they are managed in a common framework as much as
possible and very carefully, and that distributions are made appropriately and as carefully as possible.
Following the announcement by Lloyds Bank that it is to close its St. Brelade branch and, as we have
heard, the St. Saviour branch, will the Minister state if she has had any communication at all with the
leadership of Lloyds to confirm how they will adequately support customers who will be negatively
impacted by these changes?
Elaine Millar(Deputy M.E. Millar of St. John, St. Lawrence and Trinity)
I think that is a question that sits with the Minister for Financial Services rather than the Minister for
Treasury and Resources. As Treasury, no, we do not have that direct liaison point with banks. That
sits with another Minister.
I thank the Minister for her answer. Perhaps I will put that into a written question for the other
Minister. This may go along the same lines, but other companies, as part of their operating licences,
have public service obligations. I was just wondering whether the Minister would consider
introducing a similar obligation for high street banks, which would protect important public services?
Elaine Millar(Deputy M.E. Millar of St. John, St. Lawrence and Trinity)
Again, I think that is a question for the Minister for External Relations, but as I am his Assistant
Minister I would have to say that I think that would be an incredibly difficult thing to achieve. Banks
are businesses and as soon as you start imposing obligations on them to keep branches open, we will
all lose free banking. We all expect to go and take money out and it not cost us anything, and we
will all start to pay for the provision of banking, as you did in the old days apparently. I would think
it is a very difficult thing to achieve.
During the presentation of the Budget proposition, P.51, which will be debated at the end of
November, which was the subject of a presentation by the Minister for Treasury and Resources and
the Chief Minister and other Ministers, I was able to attend that and I asked whether or not the
Ministers would be providing a full list of all the reports and other documentation, some of which
has been referred to earlier, in advance of the Budget. So, could I restate the question: will the
Minister commit to providing a list of all the documents, any further information about the Budget,
when it is going to be lodged and what it is about so that Members have full sight of what is coming?
Elaine Millar(Deputy M.E. Millar of St. John, St. Lawrence and Trinity)
I have to confess I am not quite sure what reports the Deputy would like to see. The Budget is a
fairly significant document. There is an annex, which I have just given back to the Chief Minister,
which is fairly significant. If the Deputy would like to tell me what reports he wants to see, we can
answer the question, but I do not understand what he wants.
Okay, let me be a little clearer. What does the Government plan to publish for Members about the
Budget that Members might not be aware about? For them, it is for the Government to explain to
Members what reports are going to be produced in advance of the Budget because we do not know
what we do not know.
Elaine Millar(Deputy M.E. Millar of St. John, St. Lawrence and Trinity)
Again, I am at a loss. We have published the Budget, the report on the Budget and the appendix to
the Budget. I believe that is what all Governments have published in the past and again I would need
greater ... I simply do not understand what the Deputy is asking for. If he could give me a list of what
was published last year that has not been published now, I will look into that, but I simply do not
understand what he wants.
I really do not want to take up any more time, but there is a list of documents which are going to be
provided, such as the health funding, the productivity fund, all others, that we do not know anything
about, they are just headline numbers, and we need to know the detail.
Sir Timothy Le Cocq(The Bailiff)
Well, I think we have to move on from that question. You have made the point, and it could be that
there can be a communication outside of question period for that purpose.
4.4Deputy S.M. Ahier of St. Helier North:
Steve Ahier(Deputy S.M. Ahier of St. Helier North)
In the Income Forecasting Group’s report, R.130/2024, their forecast for personal income tax
adjusted down. Has this now materialised and what action has the Minister taken to compensate for
this possible shortfall in revenue?
Elaine Millar(Deputy M.E. Millar of St. John, St. Lawrence and Trinity)
I think, yes, that forecast was taken into account for preparation of the Budget, and it has been
accounted for in the way we have compiled the Budget. The Budget has been lodged and you will
see our spending proposals which take that into account. I am not sure if it has, I do not have that
detail in front of me as to what the current income tax figure is, but we will have taken the forecast
into account in establishing the Budget.
4.4.1Deputy S.M. Ahier:
Steve Ahier(Deputy S.M. Ahier of St. Helier North)
Will she consider not increasing the income tax threshold in the future to try to bolster annual income
tax revenue?
Elaine Millar(Deputy M.E. Millar of St. John, St. Lawrence and Trinity)
I would think that is quite unlikely. We increase the personal tax loans threshold every year; we are
doing so this year. In comparison with other neighbouring jurisdictions, we have a very high personal
tax allowance, but I see no reason why we would ... it is not in my plan at the moment to not increase
it.
Just to return to the question about Lloyds for a moment, the Minister for Treasury and Resources,
she has ultimate responsibility for that area. I wonder, therefore, whether she could not talk a little
bit more about her reaction to the closure of bank branches in rural parts of the Island or less urban
parts of the Island.
[12:15]
In particular, whether she is not prepared to discuss with banks things like the potential sharing of
branches, potential use of government buildings for branches, for example, the letting of buildings in
Les Quennevais Parade which could be sublet to banks for their operations on a part-time basis and
so on. In other words, will she consider looking at those potential other solutions?
Elaine Millar(Deputy M.E. Millar of St. John, St. Lawrence and Trinity)
I can only say again I am here this morning as the Minister for Treasury and Resources, that is a
matter for the Minister for External Relations and Financial Services, and I suggest the Deputy raises
his questions with that Minister.
Insofar as it affects the overall revenue that the Minister has to spend, does the Minister have any
concerns about the unintended consequences of drives towards productivity by businesses which may
entail ultimately a reduction, a significant reduction in staff, especially where A.I. (artificial
intelligence) or automation is used, for example in supermarkets, which might result in lower tax
revenues to the Treasury, especially if businesses that are more productive are ultimately not paying
tax as businesses?
Elaine Millar(Deputy M.E. Millar of St. John, St. Lawrence and Trinity)
Am I concerned about that immediately? No, I am not. I think we do want our business to be more
productive, we want Government to be more productive, but I think we have to remember that we
are virtually at full employment. Most businesses say that they are still crying out for staff, so I think
even with productivity enhancements it is a very long way to go before we start seeing mass
unemployment in the Island. Clearly, if that was a risk then that would be a concern. I think we do
want business being more productive and it is not just a case of ... productivity does not necessarily
mean a reduction in head count, it means better value added and it means that the employees you
have are paid more because they are doing better and more productive and more profitable work. I
do not think that there is an immediate cause for concern in terms of enhanced productivity and the
use of A.I. in the Island. I think it could only be to our advantage.
Of course, it does not mean a reduction in services or headcount, but it can mean, for example, the
closure of certain branches of banks, it can mean that tills with people are taken out of shops and
replaced by machines that are automated that do not pay tax. Ultimately there could, and is likely in
fact, that there will be a shortfall in tax receipts. Can the Minister reassure the Assembly that she has
taken into account the potential downsize of the fact that there is good productivity and there is bad
productivity and what that might mean for future tax receipts?
Elaine Millar(Deputy M.E. Millar of St. John, St. Lawrence and Trinity)
I think this is a subject for the Fiscal Policy Panel. I am sure they will comment on that in due course.
My own observation is that putting in self-service tills does not necessarily seem to be reducing the
number of staff and there are just as many staff wandering around helping people with their self-
service tills as there were operating the tills in the first place. I am sure the Fiscal Policy Panel will
keep that in mind. I agree with them, it is something we have to continue to focus on, but I think if
someone instead of operating a till is doing a better high-value job earning more money, then that
may be a better thing for the Island in terms of tax receipts.
4.7Deputy L.K.F. Stephenson of St. Mary, St. Ouen and St. Peter:
Lucy Stephenson(Deputy L.K.F. Stephenson of St. Mary, St. Ouen and St. Peter)
We have just heard from the Minister for Sustainable Economic Development that 20 per cent cuts
have been made to Government Plan growth that had been agreed by this Assembly last year. Can
the Minister explain when, why, and how this decision was taken and if cuts were applied across the
board or were some areas protected?
Elaine Millar(Deputy M.E. Millar of St. John, St. Lawrence and Trinity)
As the Deputy will, I am quite sure, understand, those decisions were taken by the Council of
Ministers over a series of discussions about the Budget for next year, taking into account the finances
for this year and taking into account the other demands that arise as they do mid-year for funding. I
think the 20 per cent was split generally across very many growth bids. There were very few ... I do
not recollect any particular exemptions apart from possibly in Health and possibly in Education and
the maintenance of front line services, but the 20 per cent was divided in a very even way with the
agreement of the Council of Ministers.
4.7.1Deputy L.K.F. Stephenson:
Lucy Stephenson(Deputy L.K.F. Stephenson of St. Mary, St. Ouen and St. Peter)
Were any risks identified in this approach around the deliverability of the priorities that the growth
had been intended to fund and, if so, which does the Minister consider to be at the highest risk of
being impacted?
Elaine Millar(Deputy M.E. Millar of St. John, St. Lawrence and Trinity)
Risk assessments would have been conducted or will be conducted by the relevant departments so,
yes, that work would be done.
Sir Timothy Le Cocq(The Bailiff)
I am afraid that brings the time period within which questions could be asked of this Minister to an
end. We now move to questions of the Chief Minister.
5.Questions to Ministers without notice - The Chief Minister
I hope the Chief Minister was listening when the Minister for Sustainable Economic Development
said that he was unable to speak for the Council of Ministers on the question of where the money for
the Living Wage Financial Support Scheme is coming from. I am hoping that the Chief Minister can
therefore answer the question which I asked the Minister which was: can he explain why the Social
Security Fund was chosen as the source of funds for living wage transitional support?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
The Social Security Fund is supplemented by the taxpayer, and it will still be supplemented. Figures
were worked out, and perhaps the Minister for Social Security or the Minister for Treasury and
Resources would have figures more readily available, but it was possible to reduce the
supplementation to the fund while still providing enough money for the fund to meet its
commitments. There was a surplus there so it was decided it would be prudent to utilise that money
for the economy to help businesses deal with the living wage because that would not impact
negatively upon the fund. Although that would mean the fund would get less money, the fund is still
sufficiently supported to meet its objectives and obligations.
Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter (The Chief Minister):
It is a very interesting answer because last year the Chief Minister took a very different view. Seven
current Ministers voted against the previous Government attempts to borrow or, as it was described
by Deputy Bailhache at the time, “plunder” from the Social Security Fund. Just to remind everyone,
they were the Constable of St. John, Deputies Feltham, Le Hegarat, Luce, Mézec, Rob Ward and, of
course, the Chief Minister himself, all of which voted on a fundamental point of principle against
raiding the Social Security Fund in this way. So, what has changed?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
I am just trying to remember which way the Deputy himself voted. I think he probably supported it.
Sir Timothy Le Cocq(The Bailiff)
Well, I think the question is what has changed, Chief Minister?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
What has changed? Well, I suppose I am happy to change my mind when presented with new
evidence or information, as I have explained, in this instance. We can still provide sufficient sums
for the fund, and that is absolutely key, without compromising the fund. That is at the heart of what
has changed, and I think that is what has changed for the Government. We can still provide sufficient
funds to ensure it is not compromised in any way while utilising additional money to support
businesses with the transition to living wage.
I was asked by a constituent why the Esplanade car park has not been returned to its former use in
much the same way as Kensington Place remains unused and Cyril Le Marquand public parking
remains empty while a private sector development in the meantime has opened up a Commercial
Street development where they are now letting cars park. If the vision for town is to encourage more
shoppers, surely the Chief Minister should be chasing down the respective A.L.O.s (arm’s-length
organisations) and government departments to use these spaces more effectively. Can he explain to
the Assembly why this Government is doing so little to back the retailers and small businesses of St.
Helier?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
Well, I happen to agree with the Deputy that parking is important for the rejuvenation of town, for
the maintenance of town, for the interests of the residents and the businesses. We do have sufficient
car parking available, albeit not all in ideal locations, and so I would like to see some progress there.
I would like to see not only with being more thoughtful with our existing facilities, but also, I would
like to see, and will see when we introduce plans to rejuvenate St. Helier, more focus on providin g
parking for residents, but especially to support the development of the town economy.
I will get a chance to ask my question now, Chief Minister. Can the Chief Minister explain how his
plans are preparing a civil service fit for the future, particularly with regard to modernising and
transforming the work of the civil service? Can he just help us understand a little bit more about
what this entails?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
The aim of this Government is to curb growth. The increase in the 2025 Budget over the 2024 Budget
is just over 5 per cent growth. In 2024 over 2023 was over 9 per cent. We started to see budgets
beginning to see exponential growth year on year, which was unsustainable. Rather than restructure
the public sector, we are reshaping the senior leadership structures because the chief executive officer
has identified, Ministers have identified, that we are perhaps overstaffed in certain areas, and we can
reprioritise and utilise the resources saved in 2 areas of essential services and those areas supported
in the Common Strategic Policy. The chief executive officer is working closely with Ministerial
teams and senior officers to oversee this transition and reshaping of the senior management
structures.
Could the Chief Minister explain what, therefore, is being done to build future capability, given that
there are going to be people moving around, there are going to be people leaving. How are we going
to attract future civil servants of the future and how will we replenish the skill base of the service?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
I think that is a very good question. It is at the heart of the decision-making on this because we want
to make sure that our public sector is more productive, and resources are aimed most at where they
are needed. A lot of the savings we are making in the Budget, there is a proposed £50 million of
payroll savings, but savings will be targeted to areas of front line services and areas where we need
it the most, Health and Education, for example, and that is where we need to focus on recruiting the
specialist expert workforce that we need. While having said that, we are reshaping senior
management structures, there still will be, I would say, ample resource left in senior management
structures to not only continue to do very good work, but also to be able to attract the best people in
the future.
Calling to mind the C.M. (Chief Minister) in his previous role, statements regarding the cannabis
industry and its sector, and statements that the industry was going to be one that was going to rival
the size of the finance industry. As the cannabis industry involves the oversight by the Chief Minister
of a number of other Ministerial departments such as Planning, Health, Economic Development and
Home Affairs, could he update, or perhaps would he prepare an update for the Assembly, of how the
industry is doing, what its challenges are and is it meeting those expectations that were set in this
place a number of years ago?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
I do not believe I ever said that the cannabis sector could rival the size of the financial services sector,
but I did say at the time when I was Minister for the economy, and of course agriculture comes under
that, that it could be a significant sector if we allowed it to grow, if you will excuse the phrase. That
is a question that needs to be directed at the Minister responsible, which is the Minister for
Sustainable Economic Development, but I will discuss that with him and ask if he is prepared,
together with other Ministers who may have an involvement, to provide an update.
I think the Assembly needs some update on that, and the Chief Minister is in the position to co-
ordinate his Ministers, so I am grateful for the response.
[12:30]
5.5Deputy H.L. Jeune of St. John, St. Lawrence and Trinity:
Hilary Jeune(Deputy H. Jeune of St. John, St. Lawrence and Trinity)
We have heard from the Chief Minister that there will be no departmental business plans for 2025.
Could the Minister advise how the public and the Assembly will know what is being done in 2025
and what tool will there be to let the public and the Assembly know what each department is doing?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
I am sorry if I was unclear. We are producing departmental business plans but not Ministerial
business plans. We are aiming to combine the 2 and that work is underway.
5.5.1Deputy H.L. Jeune:
Hilary Jeune(Deputy H. Jeune of St. John, St. Lawrence and Trinity)
Could the Minister give a timeline for when these will be available and how will multisectoral issues
get captured within these departmental plans if Ministerial plans are not developed?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
They are due, I understand, for publication in quarter 4 which we are heading into shortly, if not
sooner. I think some are ready now. Could she repeat the second part of the question, please?
Hilary Jeune(Deputy H. Jeune of St. John, St. Lawrence and Trinity)
How will multisectoral issues be captured between departments, those bigger strategic priorities?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
It is a difficult question to answer without knowing the independent issues because they will be dealt
with in different ways. Where there are overlapping areas or juxtapositions, then Ministerial teams
and officials will deal with them accordingly. So, without a specific question I cannot answer that,
but I will say that Ministers and departments will work in a collaborative way to ensure any
multisectoral issues are dealt with appropriately.
5.6Deputy L.K.F. Stephenson of St. Mary, St. Ouen and St. Peter:
Lucy Stephenson(Deputy L.K.F. Stephenson of St. Mary, St. Ouen and St. Peter)
Will the Chief Minister set out the aims of the restructuring of the Communications Unit and how
success against those aims will be measured?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
I cannot provide that off the top of my head, but speaking generally we inherited a Communications
Department with some excellent people, but it was simply too large for the organisation. There is no
science attached to this other than we want to reduce the size to make sure it is appropriate for what
we do and that is exactly what we are doing.
5.6.1Deputy L.K.F. Stephenson:
Lucy Stephenson(Deputy L.K.F. Stephenson of St. Mary, St. Ouen and St. Peter)
What steps are being taken to ensure that the savings as set out in the Budget, and the savings in
headcount that I think are alluded to in there, will be actual savings and not just costs spread
elsewhere, either through departments taking on their own staff or outsourcing costs elsewhere? Is
it about headcount, is it about cost, is about both, and what steps are being taken to guard against
that?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
It is about curbing growth, the financial growth in the public sector. To reduce or to stop the chance
of new positions being created, the chief executive has applied a recruitment freeze until March of
next year; of course, that excludes Health and essential staff. The reprioritisation of spending and
the savings we made from curbing the growth in the public sector has either been reprioritised to
some essential services or directed towards the Government’s priorities in the Common Strategic
Policy which include transition to a living wage, extended nursery and childcare provision, the
continuation of the school meal programme, reduction in G.P. (general practitioner) fees, provision
of more affordable homes and a reduction in government fees and duties, to keep them as low as
possible. That is just some examples of where that money will be redirected.
What consideration, if any, has the Chief Minister given to introducing new ways for his Ministers
to engage with the public about their policies and their actions?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
I am sorry, could he just repeat ... [Interruption]
Sir Timothy Le Cocq(The Bailiff)
That is rapidly approaching 2 fines. Could you repeat the question? I will give a half a minute’s
injury time.
We will start again. What consideration, if any, has the Chief Minister given to introducing new
ways for his Ministers to interact and engage with the public on their policy and their delivery?
Yes, perhaps if you would, Deputy, but remarking that there is a fine due, of course, for the
interruption. I do not think it was a policy to stop the question being asked but would you go for it
again? We will add a minute of injury time.
Does the Chief Minister require the question again?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
Saved by the bell, almost. [Laughter] Well, I believe States Members and Ministers are among the
most approachable and available, accessible to the public and continue to do so, as we all do as States
Members, on a daily basis. Once we have the Budget completed, have our first year out of the way,
we will discuss ways we may consider meeting with members of the public. Of course, I think we
have all benefited from the constituency surgeries that we are doing in the districts following the last
election. I know Ministers, including myself, always try to play a part in those, so that has gone some
way to bridging the gap.
Very quickly, and I hope I do get that 30 seconds for the Minister to reply. One constituent suggested
that a useful way for Ministers to interact would be through fielding perhaps, much as Ministers do
with Q.W.O.N. (Questions Without Notice) to the States, but a streamed and published to media
monthly Q.W.O.N. equivalent to members of the public. Will he give due consideration to Ministers
answering questions from the public and will he discuss that with the Council of Ministers, as I
believe that would be a very productive way for his Council to engage with the public?
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
Yes, happy to discuss that in detail with the Council of Ministers. Just using up my 30 seconds’
injury time.
[12:37]
LUNCHEON ADJOURNMENT
[14:16]
PUBLIC BUSINESS
LUNCHEON ADJOURNMENT
No contributions recorded for this item.
PUBLIC BUSINESS
No contributions recorded for this item.
6.Draft Statistics and Census (Jersey) Amendment Law 202- (P.29/2024) - as amended (P.29/2024 Amd.)
6.1Deputy K.F. Morel (The Minister for Sustainable Economic Development - rapporteur):
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
Yes, absolutely. This amendment to the Statistics and Census (Jersey) Law 2018 is a culmination of
nearly 4 years work to bring Jersey’s Statistics Law and our statistical system into line with
international best practice standards. The Statistics Legislation Steering Group was set up by the
then Chief Minister in February 2021 to address issues with the current law. These included
inadequate legal protections for the independence of Statistics Jersey and also a weakness in the key
parts of the law governing statistical production and the governance of the statistical system. I was
pleased to be invited to chair the group. Other members were former Senator Vallois, the chief
statistician, the principal statistician and the chair of the Statistics Users Group. Over a 6-month
period we considered a large amount of evidence, learning from international best practice standards
and other statistical systems. Between October and December 2021, the group consulted on the
policy paper setting out our proposals for amendments to the law. Feedback on the proposals was
overwhelmingly supported. I would really like to extend my thanks to the steering group, in
particular to the chair of the Statistics Users Group who devoted significant time - the whole group
devoted significant time - as well as their knowledge and experience into developing the amendments
I am really pleased to bring forward today. These amendments will address the deficiencies in the
law that were identified 4 years ago. They strengthen the legal independence of the chief statistician
and Statistics Jersey and introduce greater accountability and transparency. They clarified the role
and enhanced the functions of the new Statistics Council which replaces the current Statistics Users
Group in law. They bring the definition of Jersey’s key statistics, which will be termed ‘tier 1
statistics’, into line with international standards and provide an enhanced process to assess and review
those statistics. They also formalise Jersey’s statistical system under the law for the first time and
provide the chief statistician with responsibilities to develop the statistical profession. Jersey’s
statistics legislation must be robust, effective and conform with international best practice standards
because it governs how our key official, or tier 1 statistics, are produced. The importance of those
statistics cannot be overstated as the United Nations’ fundamental principles of official statistics
asserts: ‘Official statistics provide an indispensable element in the information system of a
democratic society serving the Government, the economy and the public with data about the
economic, demographic, social and environmental situation.’ We need to trust that tier 1 statistics
provide accurate data on Jersey for this Assembly, Ministers, businesses, charities, in fact, all of us
must be able to make evidence-based effective decisions on our future, and tier 1 statistics are vital
for that to take place. To trust in tier 1 statistics we must have confidence that they have been
produced independently of any outside influence and in accordance with high professional standards
and ethics. As the United Nations puts it: “To retain trust in official statistics, statistical agencies
need to decide according to strictly professional considerations, including scientific principles and
professional ethics on the methods and procedures for the collection, processing, storage and
presentation of statistical data.” Some further principles that the United Nations cites as being
fundamental to ensuring that we can trust in tier 1 statistics are: professional standards and ethics,
prevention of the misuse of statistics, accountability and transparency and the effective national co-
ordination of statistics production. I have purposely highlighted these principles because it is in these
areas that the current Statistics Law has weaknesses. I will, as briefly as I can, highlight these
deficiencies and set out how the amendment law will remedy them. With regard to the independence
of statistics producers, a number of issues negatively impact the independence of statistics producers
under the current law. Under the law, Statistics Jersey has a right to act independently, but they
remain States employees and legally part of the Government. This means that, while the chief
statistician has a nominal responsibility for commenting on the quality and interpretation of any
statistics produced by public authorities, other undertakings and individuals, they can be limited in
what they say by their employment status. There is no statutory process for recruiting or dismissing
the chief statistician. There is also no responsibility for producers of statistics outside Statistics
Jersey, for example, those in central government departments, to act independently when producing
those statistics. In the amendment law these deficiencies are remedied: by providing the chief
statistician with legal independence from Government as a separate corporation sole; by providing
the chief statistician with an unfettered right to comment on any aspect of statistics, including their
funding, use, accuracy, reliability, adequacy, erroneous interpretation and misuse; by providing legal
protection for the staff of the office of the chief statistician so that their status as States employees
will not compromise their ability to produce statistics independently; by providing a transparent
process for funding the Office of the Chief Statistician that rests ultimately with the States Assembly;
by providing a specific statutory process for appointing and dismissing the chief statistician and
providing all producers of tier 1 statistics with the responsibilities to act independently in the
development, production, dissemination and communication of statistics. With regard to
accountability and transparency, there are significant accountability gaps in the current law. There
is, for instance, no requirement on Statistics Jersey nor the Statistics Users Group to produce annual
reports, which means there is no published overview of their annual performance and operations.
There are no powers or duties to assess or to review official statistics. There are no requirements to
inform the Assembly or the Statistics Users Group upon the appointment or dismissal of a chief
statistician. There are limited circumstances in which Statistics Jersey must consult with the Statistics
Users Group in the law. These issues have all been addressed in the draft law by: requiring Statistics
Jersey and the Statistics Council to produce annual reports, including specific requirements to ensure
those reports contain relevant information; also requiring that statistics are assessed for quality and
importance before being included in the list of tier 1 statistics; requiring ongoing quality reviews of
tier 1 statistics; empowering the Statistics Council to raise public concerns about any statistics
produced by public authorities; providing for the first time specific requirements for the chief
statistician and the Chief Minister to consult with the Statistics Council. With regard to co-ordination
of the statistical system, Jersey already has what is known as a decentralised system; however, there
are no mechanisms in the law to improve statistical standards, either formally or informally, across
our system. Decentralised statistical systems are the most common form across the world. It means
the key statistics are produced and published by many public authorities and not just by the National
Statistics Office which in Jersey is Statistics Jersey. While many of our key statistics on, for example,
health, education and crime, are produced outside Statistics Jersey, law currently prevents any
statistics published by other public authorities from being included in Jersey’s list of official statistics.
There is no requirement for statistics produced outside Statistics Jersey to conform to statistical
standards and a code of practice. The chief statistician has no formal leadership role for this statistical
profession. Finally, there is no formal way of co-ordinating the producers of statistics across public
authorities. This includes lack of organisation and planning requirements in the law. The amendment
law will address these deficiencies by enabling any statistics produced by public authorities to be tier
1 statistics, providing they satisfy the statutory test for importance and integrity. It also requires all
producers of statistics across public authorities to comply with the code of practice as far as it is
practicable to do so, in addition to requiring them to act independently when producing statistics by:
providing the chief statistician with professional leadership of statisticians and analysts across public
authorities, including responsibility for their career and professional development; defining the
Jersey statistical system in law to include all producers of statistics and public authorities and
establishing the Statistics Producers Group to enable the chief statistician to co-ordinate the Jersey
statistical system. In conclusion, the amendment law is designed to: enhance the professional
impedance of statistics producers; to improve the accountability of statistics producers, particularly
the chief statistician; to aid transparency, notably in requiring the chief statistician and the Statistics
Council to publish annual reports and to enable co-ordination of statistics producers and increase
standards across all public service providers of statistics. With the caveat that I suggest we use the
term ‘stats’ to refer to the word ‘statistics’ [Laughter] I move the principles of this amendment law.
Sir Timothy Le Cocq(The Bailiff)
I must say, Deputy, I was marvelling at your ability [Laughter] to link together ‘statistics’,
‘statistician’ and ‘statistical’. Are the principles seconded? [Seconded] Does any Member wish to
speak on the principles?
I want to thank the Minister for bringing this and statistics are something that is a bit of a love/hate
topic, is it not? Personally, I love statistics and I want to urge Members to engage more with Statistics
Jersey, because the work that they do is excellent, and to further urge Members to make sure that
when we are making our decisions, whether it be in the Executive or the non-Executive, our decisions
are based around robust evidence. I had a question for the Minister around how the data could be
made available, not just to States Members, but to members of the public. A website that I frequently
use is the O.N.S. (Office for National Statistics) website that you can access raw data. Could we
have something like that in Jersey, please?
I stand in my capacity as Chair of the Corporate Services Scrutiny Panel. We have provided
comments on the law, and they are comprehensive comments, and I do not propose to go into much
detail. Suffice it to say, our observations really are that we have received Minister and offic er-led
briefings on the proposal, as well as multiple submissions from the Statistics Users Group, the
Minister for Sustainable Economic Development and also the Chief Statistician. It is evident to the
panel that there has been substantial work undertaken to develop this draft law over quite a period, a
4-year period commencing in 2020, but also certainly before that. We have had stakeholder feedback
as part of our review of the draft law and that feedback has expressed overall support for the proposals
brought by the law. Also, the Statistics Users Group, although they are supportive of the draft law’s
intended aims, they did raise where further minor amendments could be made, in their view,
particularly in relation to the chosen governance model for the statistical system and the role of the
Statistics Council in respect of its authority and oversight function. We have highlighted that view
in more detail in our comments paper. Although we are mindful of the feedback received from the
Statistics Users Group, on analysis of Jersey’s statistical system in the context of Jersey as a small
Island, it is our view that the draft law achieves an appropriate and balanced approach, and the panel
is supportive of this draft law as amended by the Chief Minister. The Panel is of the view the
proposed changes to the law will provide the appropriate balance of powers to safeguard our
statistical system and to establish it in line with international practice standards. We also considered
the manpower implications of the draft law, and we considered those to be relatively modest with the
establishment of the Statistics Council and the formalisation of the Office of the Chief Statistician
requiring some additional resources.
[14:30]
But the financial implications of establishing the Statistics Council are estimated to be in the region
of £90,000 annually, which the panel considered reasonable, given the importance of maintaining an
effective and transparent statistical system for the Island. Importantly, if successful in its adoption,
the draft law would enhance the governance of Jersey’s statistical system without imposing
significant additional costs on the public purse. Just to conclude, thank you, we are supportive of
this law.
Sir Timothy Le Cocq(The Bailiff)
Does any other Member wish to speak on the principles? If no other Member wishes to speak, I close
the debate and call upon the Minister to respond.
6.1.3Deputy K.F. Morel:
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
I will start by thanking the Chair of the Corporate Services Scrutiny Panel, and indeed the whole
Panel for their comments and, as the Chair quite rightly said, they are comprehensive. The Chair is
also correct about the Statistics Users Group still believing that some further amendments could be
made around the governance. This is one of the interesting parts when I was developing this law
with the whole group that we have been doing it with, is there are points of disagreement. I suppose
the way I would characterise it is, the Statistics Users Group, I would say, were very pleased with 95
per cent but it is just the 5 per cent where we could not reach agreement and that was around the
governance. I believe they have taken the right step, which is move with what we have before us and
if further amendments need to be made in the future, then they can. I thank the Scrutiny Panel and
the Statistics Users Group for all of their input throughout this process. With regard to Deputy
Doublet’s question, I absolutely agree about access to raw data. I think it is something that would be
best taken up with the chief statistician. There are elements, I forget the web address, but there is a
government website where raw data is available, but it is, if I may say, quite inconsistent, and I do
not believe it is always kept up to date. There are bits of data available, which is fantastic, and I
applaud that, but I get the feeling - and this is a feeling - that it is something that perhaps 5 or so years
ago the Government was very focused on and perhaps has lost focus in this area, and that is one
reason why it does not seem to be as up to date as perhaps it used to be. I think the right person to
take that up with, if the Deputy does not mind, is the Chief Statistician, but I am sure he will be very
pleased to speak with her about that. With that, I ask 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 principles of
P.29. If Members have had the opportunity of returning to their seats, I ask the Greffier to open the
voting and Members to vote.
POUR: 42 CONTRE: 0ABSTAIN: 0
Connétable of St. Brelade
Connétable of Trinity
Connétable of St. Peter
Connétable of St. Martin
Connétable of St. John
Connétable of St. Clement
Connétable of Grouville
Connétable of St. Ouen
Connétable of St. Mary
Connétable of St. Saviour
Deputy C.F. Labey
Deputy M. Tadier
Deputy S.G. Luce
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 (H)
Deputy L.J. Farnham
Deputy P.F.C. Ozouf
Deputy Sir P.M. Bailhache
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 R.E. Binet
Deputy H.L. Jeune
Deputy M.E. Millar
Deputy T.J.A. Binet
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
Sir Timothy Le Cocq(The Bailiff)
Now, how do you wish to deal with the matter in Second Reading? There is an amendment proposed
by Deputy Bailhache, and Deputy Bailhache’s amendment has also been subject to a proposed
amendment by the Chief Minister. Deputy Bailhache, are you minded to accept the Chief Minister’s
amendment to your amendment?
I think I should say a few words about the amendment which I lodged and the amendment of the
Chief Minister to my amendment. The language of the amendments is a little convoluted, but the
nature of the issue is quite simple: it is to find a balance between the rights of the state and the rights
of the individual citizen. When the 2018 law was first enacted, there was no provision limiting the
liability of the chief statistician. If he did something wrong, he could be sued and made to pay
compensation if the action succeeded. The original draft new law brought in a limitation of liability
and that was extremely wide. It was in fact a blanket provision preventing a person wronged by the
negligent, reckless or even unlawful activities of the chief statistician or any of his staff, from
receiving compensation for such a wrong. Other than in specific extreme circumstances, no one
could bring an action seeking damages for a wrong. The purpose was to protect the state from
litigants with very deep pockets, and it is true that there are litigants whose pockets are much deeper
than those of the States and could cause extreme difficulties for the Island. But the trouble is that the
proposal also excluded an individual with limited means from bringing an action and that, it seemed
to me, would have been unfair. My amendment would have removed the blanket exclusion of
liability but introduced a cap on the amount of damages that a court could award, that amount to be
fixed by the Chief Minister by order, say £50,000 or £100,000, but for reasons which appear in the
Chief Minister’s amendment, he sought to amend my amendment to limit the liability in a different
way, and that is what is before the Assembly at the moment. I was content to adopt the Chief
Minister’s amendment. It is not a complete solution to the problem but on balance it seemed to me
to be fair.
I did and it was to, as I hold a set of Articles in the Second Reading, to endorse other Members’
comments about the full and detailed now in a statutory form putting in place of the statistics. But it
was to ask one question, if I may, of the Minister, and that is the inter-relationship that he envisages
as a result of Articles that refer to relationships with other bodies. I note that Article 20 deals with
the funding arrangements for the Statistics Office, but where the law is I think not clear, but maybe
it does not need to be, is with the responsibility that the chief statistician with the Council will have
to be publishing statistics which are effectively the Treasury and the Treasurer of the States
responsibility. The reason why I say that is because statistics need to be somehow then worked upon
in order to be meaningful. I give the example of our G.D.P. (gross domestic product) calculation that
is an estimate of the gross national income or gross domestic product of Jersey divided by population
number. The G.D.P. number is going to be information from the Treasury which the Treasury needs
to then have a formal and statutory role. I just cannot see in the law, but if the Minister kindly says
to me he has considered that with his officials and other Ministers are content, there is to me an
important relationship between this long overdue setting up of a day factor, a National Statistics
Office similar to the National Statistics Office of the United Kingdom. It is absolutely vital that they
have unfettered access and timely information from the Treasury and in that regard their
responsibilities over the F.P.P. (Fiscal Policy Panel). Members will know of the Office for Budget
Responsibility and all of the comments that have been said about that in the recent U.K. election. We
have the F.P.P. that is on a statutory footing. They have a responsibility for estimating future
revenues, but based on statistics which is within the Treasury. It is a general question, if I may ask
the Minister: has he considered this and does he think these Articles taken together are going to
enable us to be able to as a jurisdiction show that we have the data and the information that all those
that wish to look at it have it?
Sir Timothy Le Cocq(The Bailiff)
Does any other Member wish to speak in Second Reading? If no other Member wishes to speak in
Second Reading, I close the debate and call upon the Minister to respond.
6.2.3Deputy K.F. Morel:
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
I would like to thank Deputy Bailhache and Deputy Ozouf for their interventions. Deputy Bailhache
is absolutely right, in his original amendment he identified an area of weakness around the liability
of the chief statistician and he described it very well. I am very pleased that he accepted the Chief
Minister’s amendment to his amendment because it was 2 different ways of limiting that liability. I
think it was right that the chief statistician does have to account for the way he undertakes his role
with regards to members of the public as well, and so this amendment enables that to happen through
the courts if necessary, but with limits on those liabilities which are appropriate to it, so I am very
pleased for that. With regard to Deputy Ozouf’s question, I believe that the key here is the tier 1
statistics. So, in law we will now have a list of tier 1 statistics which, once this is accepted by the
States Assembly, it can then only be changed by the States Assembly. Certainly, from a Treasury
perspective, your G.D.P.-type statistics, et cetera, will absolutely certainly be on that list. Then it is
beholden on the chief statistician, through his relationship with the Treasurer of the States, to ensure
that the information from Treasury is timely, is accurate and is a fair reflection. That will then be the
chief statistician’s role as the leader of the statistics system in Jersey, that if the chief statistician feels
that there are deficiencies anywhere, it is then that person’s role, the chief statistician’s role, to
engage, in this case, for example, with Treasury to ensure that they come up to the standard that is
required by international standards. In that sense, yes, Treasury itself and statistics such as G.D.P.
are not directly referenced in the law, but they are referenced under the term “tier 1 statistics”, and
there is no question G.D.P., et cetera, G.V.A. (gross value added) will be part of that. It is that role
as the leader of Jersey’s statistical system which means the chief statistician will have the right to
engage with any element of public administration. I look at the Connétables and one of the things
that often came up through our discussions was the fact that Parishes themselves provide statistics
which are part of the statistical system. With those statistics - it could be anything from the number
of dog licences, it could be the number of driving licences repealed because of old age or infirmity,
these sorts of things - the chief statistician will now have a legal basis upon which to engage with the
Parishes to ensure that those statistics coming out of the Parishes are appropriate and workable from
his perspective. The chief statistician will be able to engage with all sorts of bodies, charitable bodies,
any bodies which are part of that public statistical system, and provide statistics upon which we as
an Island rely. With that, I will move for the appel with regard to the regulations en bloc.
Sir Timothy Le Cocq(The Bailiff)
The appel is called for. I invite, once again, Members to return to their seats.
[14:45]
I ask the Greffier to open the voting and Members to vote.
POUR: 43 CONTRE: 0ABSTAIN: 0
Connétable of St. Brelade
Connétable of Trinity
Connétable of St. Peter
Connétable of St. Martin
Connétable of St. John
Connétable of St. Clement
Connétable of Grouville
Connétable of St. Ouen
Connétable of St. Mary
Connétable of St. Saviour
Deputy C.F. Labey
Deputy M. Tadier
Deputy S.G. Luce
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 (H)
Deputy L.J. Farnham
Deputy P.F.C. Ozouf
Deputy Sir P.M. Bailhache
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 R.E. Binet
Deputy H.L. Jeune
Deputy M.E. Millar
Deputy A. Howell
Deputy T.J.A. Binet
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
Sir Timothy Le Cocq(The Bailiff)
Do you move in Third Reading, Minister?
6.3Deputy K.F. Morel:
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
Yes, I do.
Sir Timothy Le Cocq(The Bailiff)
Are the regulations seconded in Third Reading? [Seconded] Does any Member wish to speak in
Third Reading?
6.3.1Deputy L.J. Farnham:
Lyndon Farnham(Deputy L.J. Farnham of St. Mary, St. Ouen and St. Peter)
Just very quickly to remind Members this piece of work started under the previous Government led
by Deputy Morel. I would like to thank him for continuing with that piece of work and acting as
rapporteur today, as well as Deputy Bailhache for accepting the amendment to the amendment which
achieves largely the same thing, but perhaps from a slightly different angle with a bit more scope.
Also, to all the officials and stakeholders; I believe we have a stronger piece of legislation now that
will serve the Island well, thank you.
I wonder whether in Third Reading the Minister would give any indication of the timing of the
consideration of those tier 1 statistics and when they may be made available. I may have missed
something of course, they may already be out, but I am not aware of them.
Sir Timothy Le Cocq(The Bailiff)
Does any other Member wish to speak in Third Reading? If no other Member wishes to speak in
Third Reading I close the debate and call upon the Minister to respond.
6.3.3Deputy K.F. Morel:
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
I will start with Deputy Ozouf’s question; the answer in short is I will have to check with the Chief
Statistician I am afraid, but I will do so and I will get that and circulate it to all Members because I
have no doubt that will be absolutely of interest to all Members. I would like to thank the Chief
Minister for his thanks. He is absolutely right; I would like to thank the 3 iterations of the Corporate
Services Scrutiny Panel for bearing with us. I thank 3 Chief Ministers for bearing with me through
this journey as well. The law drafting officers and Law Officers have played a huge role, as well as
the Statistics User Group I have mentioned before, and the Chief Statistician and the staff of Statistics
Jersey. But there is one person - and I will not name this person, they will know who they are - there
has been one policy officer working on this since 2021 and I would really like to thank him for the
work he has done bringing many stakeholders together and ensuring that we have a law which in
final presentation to the States has been passed unanimously. It could not have been done without
his work, thank you. With that I call for the appel. [Approbation]
Sir Timothy Le Cocq(The Bailiff)
Did you call for the appel or you just wish to put it to vote?
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
You can do a standing vote, I think.
Sir Timothy Le Cocq(The Bailiff)
Those in favour of adopting in Third Reading, kindly show. Those against? The regulations are
adopted in Third Reading.
Members will recall that P.74/2023 as amended - but originally lodged by Deputy Luce - called for
recapitalisation of the Agricultural Loans Fund. This fund, although still extant, has not been in
operation since 2002. These amendments, therefore, serve to update the fund by reducing the
chargeable interest rate to a more competitive level and establishing a more compact advisory board.
The agriculture sector has faced many years of increasing costs such as fuel and fertiliser, as well as
rising wages and decreasing profit margins. We know that in many cases, this has made it difficult
for businesses to reinvest or make capital improvements. The loans scheme will, therefore, provide
an important role in the development of the sector, helping it to deliver long-term investment, to
recapitalise enterprise, to encourage greater productivity and to improve environmental performance.
By offering competitive access to capital, I hope the revised loan scheme will also help to attract new
entrants to the market, especially young Islanders who may now be able to see a future in farming.
As we begin issuing loans I will be working closely with the Minister for Treasury and Resources to
ensure public money is used efficiently and to maximise our investment into this important industry.
With that, I move the principles of these amending regulations.
Sir Timothy Le Cocq(The Bailiff)
Are the principles seconded? [Seconded] Does any Member wish to speak on the principles?
Our Scrutiny Panel has been briefed on this and has looked at it and has issued comments. The first
thing I would like to do is thank the Minister and his officers for providing the briefing and also for
answering our subsequent questions on this matter, and also to thank of course my Scrutiny Panel
and the officers for dealing with that. I do have some comments that I wish to highlight now to the
Assembly, partly to assure them that we have done our job in Scrutiny, but I think there are a couple
of points that need to be put on the record, and which the Minister may wish to address in his summing
up. The first point I suppose is that we recognise that this flows from a relatively recent States
decision, which was supported strongly about giving extra support to our agricultural industry. We
also acknowledge the fact that the scheme had not been operating for a good 20 years and, therefore,
it needed to be replenished, and that the sums involved that are being proposed for the loans do
represent and take into account the increase in inflation since the initial scheme was in place. I will
not reiterate all the comments that we have written down because Members can and may have read
those already, and I know the Minister would have. One of the questions that we did ask, and that
the Minister may want to comment on now, is really around the percentage of interest that is currently
being proposed, but also how and if that might change in the future. One of the areas we did ask
about of course was the sustainability of the fund, and while the Minister says that 3 per cent is a
competitive interest rate, what I think we have to say objectively is that the 3 per cent represents a
much lower than market rate that would be available from high street borrowing to the farmers
themselves. So, we were keen to make sure that is a subsidised rate because there is a cost to
Government potentially if the interest rate is set too low. Of course, any money that is put in the fund
from Government is money that otherwise could be sitting in a bank account getting higher interest
for Government. Clearly there is a political decision that has been made and we do want to support
farmers in this, but it was important for our panel to understand exactly why that 3 per cent had been
chosen but also what the implications would be if, for example, we enter a period of either prolonged
interest rates which are at their current rates or indeed which may well increase into the future and
what would happen about the sustainability of that fund. I think we have received partial satisfaction
around the rationale around that, but of course, we do recognise that the Minister wants to provide
access to finance which he says is competitive or certainly lower than market rate. We acknowledge
that as a valid, desirable, and legitimate end which is supported by the Assembly, I think. But I would
like to ask him specifically because the comments that we received do talk about an ability to increase
the interest rate. Could he provide clarity about whether that would be for new applicants in the
future and that, for example, somebody who secured a loan at this point for 3 per cent would not find
that the interest rate would be going up, or would he have the ability to put the interest rate up during
the course of that loan. I think that might be of relevance to the wider Assembly. I will just finish
with this last point because, as I said, I will not cover everything in our paper. The Minister did
respond to us that under the current regulation full maritime businesses - which are fish farms, we
understand - are able to access the loan scheme, and that it will be his intention to revise primary
legislation and regulations in the future as part of the legislative programme in 2025 to enable the
fishery sector to also access the scheme in the same way as land-based operations. I think that is
something we, as a panel, would welcome. We calculate that this might add a potential 40 or 50
ventures to be able to apply for loans, which currently cannot because that is the estimated maximum
size of the commercial fishing fleet which might be supported through loans in the future. We were
perhaps slightly disappointed that is not currently possible under what is being proposed now, but we
do note that it is being suggested as being included next year. Again, if I can just thank those
involved, in particular I have to say the officer who gave us a very clear briefing and it is one which
was not just about the technical aspects of the scheme but it is clearly somebody who also has a vision
about where he and the department would like the agricultural sector and fisheries to be going in the
future, and sustainability was truly one of the key themes that ran through that presentation. It was
a very constructive meeting we had with the officer. All in all, I think it is fair to say the panel is
happy with what is being put forward, notwithstanding we may like some further clarification on the
points I have raised, particularly in relation to the percentages, sustainability of the fund, et cetera,
and the security, if you like, for those accessing the loan scheme.
7.1.2Deputy S.G. Luce of Grouville and St. Martin:
Steve Luce(Deputy S.G. Luce of Grouville and St. Martin)
Can I add my thanks too to the Minister for bringing this forward today. A short phrase which we
hear occasionally mentioned in the Assembly and outside in the business world is “confidence is
everything”. I can tell Members - those who have not already found out - that the farming community
went away from last year’s debate with a renewed confidence, something they had not had for a very
long time; confidence in the future of their business. That gave them the ability to think about how
they might invest in technology which in turn will increase their productivity and make their
businesses fit for the future. Deputy Tadier speaks about the keen interest rates, and that is absolutely
right because what we want to do is to help the farming and fishing communities to be competitive
and we want to offer them a loan which can be a little bit more advantageous because we need to
think this is not just about investing in the future of those businesses; this is the future of our Island,
it is the future of our environment. I would say to the Minister when he thinks on interest rates for
the future that one of the great things about the agricultural loan scheme is that it was a fixed rate;
farmers could plan for the future, they knew what their commitments were, they knew what monies
they would need to find the following year, and that added to the confidence that they had moving
forward. So, I support the Minister 100 per cent and thank him for bringing this forward today.
A number of Members may well have been in this Assembly long enough to remember some of the
ups and downs of the agricultural loans scheme. There is no doubt that without it many farms that
are in the best of their class in dairy, new potato and in other sectors - but those 2 particularly - would
never have reached their potential without the Agricultural Loans Fund. At the same time, history
has shown and the records of this Assembly are that there were some serious issues with the
Agricultural Loans Fund at a certain time in the early 2000s. In fact, it was the subject of a
Comptroller and Auditor General report and some serious issues because some of the loans that were
issued simply were not capable of having fulfilled the criteria, and that is something I am going to
come to in a moment. I am not sure whether the monies were ever recovered.
[15:00]
Members will recall that I made certain observations about Deputy Luce’s proposition last year, and
I should say on record that I do come from a farming family but I am not from a farming family that
has ever applied for or got an agricultural loan, so I have got no conflict of interest, director interest
or in the past; I know that is probably important to say. But I do know a lot of farmers that have been
in receipt of them, but none of them are particular friends of mine. The purpose of raising that past
history is to ask the Minister whether or not he would be kind enough to ensure that both the successes
and the failures of the past are considered by the board in the policy, in which I am not quite clear
either what the policy is going to be in terms of what is the criteria for which loans are going to be
applied. I know the Minister’s policy about productivity, and we all support that of course, and we
all support the whole issue of our landscape and our environment. There is no doubt that there is
going to have to be investments made by farmers to meet net zero and many of the other challenging
issues, not least of which are the productivity because of the manpower constraints that many
businesses have. We still plant potatoes in many ways that we were doing 100 years ago. There has
been some mechanisation with tractors, but it is still a very manual task. I know that there has been
some really good and massive improvement in terms of the way that is done, but it is only going to
be by working with other experts and using mechanisation, potentially robotics, driverless tractors,
we are going to find solutions to some of the real problems that we have today. My questions to the
Minister are when is he and how does he envisage the policy for agricultural loans going to be made?
Secondly, there are some numbers that were contained in the Minister for the Environment’s report
going back last year and the numbers have been given in terms of a capitalisation, but my
understanding is that this fund is different from the one at the time - and Members still may think
there is an overlap - which is the Dwelling House Loan Fund. This fund does not quite work that
way. My understanding is that the balance is taken from the Consolidated Fund and returned back
to it, so it does not have a balance in hand, like almost an allocation of there is £6 million sitting there
until you draw it down. The allocations are drawn down from the Consolidated Fund on a needs
basis. That arises the question: has he had discussions with the Treasury about how much money
they are going to have to make available? Is there a target amount? What are those numbers going
to be? They do not really matter because of the state of the Consolidated Fund, but there is not
somehow a piggybank being made for farming of the future as there was and is for the Dwelling
House Loan Fund, which has then been put back into Andium, et cetera. I think the Minister knows
what I am saying. The final thing I would like to ask the Minister, if I may, is the definition of
agriculture and horticulture. There are some suggestions from those that I have spoken with in recent
weeks that the cannabis sector is going to be eligible for loans from this fund. I would like the
Minister to set the record straight on that. I signalled to the Minister that I think that Members might
be quite surprised by hearing that, but it has been said to me that there is consideration and indeed
there may have been some conversations with Ministers and those potential loan recipients that that
would be the case. I just think that it would be important to clarify that and, what I hope is, ruling
that out because I do not think cannabis is the sort of horticulture that one is going to be seeking to
try and find a capital solution for, because that industry was supposed to be really profitable and was
going to stand on its own 2 feet. So, with those observations, and while I have misgivings generally
about subsidies of agriculture, I think that capital and productivity improvements can be of huge
benefit and I hope that the board that is now envisaged in this law is quickly appointed and that
decisions that are going to really improve the productivity of our valued farming sector are made
because that can only be good for them, the Island, and taxpayers.
I hope I am not too late in declaring an interest because I was a beneficiary of an agricultural loan as
a young farmer, and I also still possess a company whose memorandum and articles is primarily
agricultural, so I do not think I should be involved in the vote.
Sir Timothy Le Cocq(The Bailiff)
You do not appear to take any advantage from whichever way the vote will go so you are not
disqualified from voting at all, Connétable. It is a matter for you.
7.1.4Deputy C.F. Labey of Grouville and St. Martin:
Carolyn Labey(Deputy C. Labey of Grouville and St. Martin)
I applaud the Minister for bringing this forward as I think - as my fellow Deputy Luce has alluded to
- the agricultural industry does need support and reintroducing the agricultural loans in this way and
making the rate a little more competitive I feel will be of great assistance to the industry. But while
I am on my feet, I would like the Minister to also consider extending this template, if you like, to the
agricultural industry to the fishing industry. The fishing industry always seems to be the poor relation
when we talk about agriculture and fisheries. The fishermen to my mind have an extremely hard
metier. They need to make investments in their boats and fishing equipment. This Assembly - I do
not know if there are many left from that time - might remember that I secured a loan for the fishermen
in 2014 after a very, very difficult storm-ridden winter. To my mind the local fishing industry do
struggle. We are down to very low levels of fishers now and to have Jersey without a local fishing
fleet to my mind is inconceivable. So, I would like to see some support extended to our fishers.
I just rise quickly following the Constable of Grouville in recognising declarations of interest that -
apologies to the Presiding Officer - had passed my mind. Since we debated the scheme under Deputy
Luce’s proposition last year where I declared that I was buying land, I now own land and intend for
my business to occupy that and invest in agricultural capital in 2025. I obviously do not know
whether my business would apply for the scheme so I seek judgment as to whether it is better to
abstain on a vote on this, despite this being speculative on the future in nature and obviously not a
direct impact now, because every application is on its own merit, the scheme does not have the new
regulations now, and I have not made an application.
Sir Timothy Le Cocq(The Bailiff)
I think in the circumstances you probably do not have a direct current pecuniary interest in the
outcome of the scheme, Deputy, and, therefore, whereas it is probably correct that you have explained
to Members your position I do not think you are precluded from voting.
7.1.5Connétable M.K. Jackson of St. Brelade:
Mike Jackson(ConneÌtable M.K. Jackson of St. Brelade)
While I fully endorse what others have said in support of the agricultural industry, one particular
issue that encourages me to support the proposition are the measures for which applicants may apply,
for measures to improve local food resilience. That I think is of crucial importance to the Island as
a whole. We have seen the effects of storms and the empty supermarket shelves in recent months,
and an encouragement to produce more food locally is to me essential, and I look forward to those in
the agricultural industry being able to do that with the support of Government.
I do not mean to rise to speak on this for long but I think, following last year and interactions I have
had with diverse members in the industry, this is something we should be very excited for. I urge the
reconstituted panel - as the amended regulations will provide for - to be somewhat ambitious in the
way it supports the aims of a future agricultural industry. The Connétable of St. Brelade has just
mentioned food security and local food production, and this Friday I am sure the Minister should be
attending - and perhaps on the Saturday - will of course be the second year of the Regen Conference,
which will be considering other forms of agriculture and what the ever changing landscape of
agriculture looks like, alongside obviously the more long-established Farm Jersey Conference that
appears in November. I would ask him to attend that and make sure he networks and circulates
widely with the needs of the emerging industry. It is very easy to recognise the needs of many of the
existing players and this year has seen the changes in the potato industry ownership, but I urge him
to think about those who currently are very low on capital ownership in the industry and have
ambitious plans. If he attends on Friday and Saturday he will meet many a farmer or prospective
farmer who could be easily at his and the panel’s door, and I hope he listens to them and takes that
on board in really refining the scheme. Those voices should be heard.
I am pleased to follow Deputy Curtis. My points, in a way, overlap to some extent. I am very
supportive of the intent behind this. The agriculture industry should get greater support and I am
pleased to see this being brought forward as a part of that range of measures that are being developed.
I have some comments that I hope perhaps the Minister will address in his summing up. I felt it
might help to hear a little more about the Government’s vision in relation to the loan scheme in
relation to agriculture. There does not have to be one of course, but there are big strategic challenges
facing the industry; a reliance on 2 key sectors - dairy and potato - both of which are under pressure;
reliance on chemical inputs; the wage pressures; land moving out of cultivation; a new sector in
medicinal cannabis; issuing around food resilience, as the Constable of St. Brelade has mentioned.
It would be good I think to have this knitted together in some way to understand how the loan scheme
will be used to address some, all, or none of these issues. I was particularly struck, as I have
mentioned, by Deputy Curtis’s point about new entrants and the extent to which the loans scheme
might be applied to new people taking up farming and whether that would apply to them or whether
it would signal some change in our approach to new farmers, given the restrictions currently in place
regarding bona fide agriculturalists and so on. Is there a focus on traditional sectors or will it be
intended to drive towards innovation in the farming? I would welcome if perhaps the Minister could
say something about how the loans fund will complement the existing grant scheme, for example. Is
the loan scheme simply a top up, if you like, extra money made available on slightly different terms
to achieve exactly the same objectives, or does the loan scheme have a slightly different set of
parameters that are being applied and a different set of goals. I would just welcome seeing that
knitted together in some way to understand the intent a little bit more clearly. But the overall
objective; I am fully supportive of that.
Sir Timothy Le Cocq(The Bailiff)
Does any other Member wish to speak on the principles? If no other Member wishes to speak on the
principles I close the debate and call upon the Minister to respond.
7.1.8Deputy K.F. Morel:
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
I really would like to thank all Members for their interventions there; they are really, really interesting
and I am pleased that they were supportive of the intent, while asking some really poignant questions.
If I could start by thanking Deputy Tadier and the Economic and International Affairs Scrutiny Panel
for their work on this. He raised questions about interest and also about fishing. It is interesting; as
the law currently stands, unamended, the interest rate is 61⁄2 per cent that is to be charged. That is
obviously beyond where the base rate is at the moment, which is about 5 per cent, although I am sure
if I was to go to seek to borrow money from a bank I would probably be charged around 61⁄2 to 7 per
cent on that.
[15:15]
But when this law I believe was first brought in, or thereabouts, as I understand it - I was not
particularly paying any attention then as a child - but as I understand it interest rates were nearer 10
per cent, so 61⁄2 per cent when this was brought in was a discount on that 10 per cent, and that is
effectively the situation we are in here. Base rates are at 5 per cent and 3 per cent is an intentionally
discounted rate. Because the interest rate is in the law, as the Minister bringing this forward there is
also an element of balance because it would not be practical to be changing the interest rate via the
States Assembly every time the Bank of England change its base rate. So it is trying to find that
happy medium. If interest rates fall, as I believe many people expect them to, they have got 2
percentage points or so to fall before they are getting into the 3 per cent territory and before we
perhaps need to start thinking about amending the law again at the interest rate level. But it must
also be said that the law itself provides for interest free loans to be provided for up to 2 years, and it
also provides for repayment periods to be changed. In that respect - and also I believe to Deputy
Tadier’s question - the interest rate can be changed, so if a farmer is in receipt of a loan the interest
rate can be changed during the period of that loan, but only in advance of preregistration of that loan,
as I understand it. So every 10 years someone in receipt of an agricultural loan has to reregister the
loan, and that is the point at which a change in interest rate can be made. But even in that situation
the Minister must give at least 30 days’ notice of the change of interest rate, equally the same is all
true for the situation where the period of repayment is reduced. If the Minister wishes to reduce the
period of repayment of a loan that has already been issued then that could only be done, as I
understand it, before re-registration and with 30 days’ notice. I hope that answers Deputy Tadier’s
questions. I will then pick up on Deputy Luce who mentioned confidence in farmers, and I am really
pleased to hear Deputy Luce talk about the renewed confidence that members of the farming industry
have. I have to say I was in Normandy last week with 6 or 7 farmers from Jersey visiting farms in
Normandy and also the Lessay Fair where we met with the Chamber of Agriculture. In fact, the
whole trip was organised by the La Manche Chamber of Agriculture. Over those 2 days that I spent
with farmers there is no question in my mind that there is an absolutely tangible renewed feeling of
confidence in the industry. There is no question. In the last few years we have changed that feeling
that was there in the agricultural sector. Previously it felt that it was being ushered out and now I
think everybody in the agricultural sector knows that they are wanted and welcomed and that the
Island, and the States Assembly most importantly, sees the future of agriculture in the Island and
cannot see the future of the Island without agriculture. The support scheme which is incredibly
successful, particularly as Deputy Alex Curtis mentions smallholders, it has been really successful in
helping us develop a little bit of succession because we now have smallholders on the support scheme.
Next year I believe we will have 80 smallholders on the support scheme. They are all potential larger-
scale farmers of the future. Alongside the support scheme we have this agricultural loan scheme,
which is vitally important, and I urge all States Members, if you have not gone and taken a look
inside a farmer’s shed Members should do so. The reason I say that is I went to visit a farm in St.
Peter, opened the shed where they keep a lot of their equipment, and you are just looking at hundreds
of thousands of pounds of equipment just to keep the farm going. This is tractors, £100,000-plus;
harvesters, 6-figure sums-plus again; other little pieces of large equipment, tens of if not hundreds of
thousands of pounds. I remember turning to the farmer and just saying: “How does anybody get into
this? How can you possibly get into farming when the capital cost of starting off is enormous?” I
am just talking about the equipment; this is before we even talk about buying the land or buying
premises to farm from. So there is no question in my mind; it is incredibly difficult at a commercial
level for people in agriculture at the moment to access the capital they need to either continue in
agriculture or to start in agriculture. This Agricultural Loans Scheme, which has been dormant for
over 20 years, is a really effective way for this States Assembly to make sure that we do provide
current and future farmers with a future by helping them clear that hurdle of capital which is needed.
I will pick up on Deputy Tadier and Deputy Labey’s mentions of the fishing industry. It is exactly
the same situation. Again I pick any fishing vessel and just think of the price of that fishing vessel
and all the equipment on there. So if I as someone perhaps thinking of getting into fishing, how do I
do that if I have not been born with an inheritance or a trust fund that I can tap into in order to do it?
So I believe it is the intention to see how we can extend this to fishing. That would need to come via
the States of course because it would need further amendments, and we will pick up on that work and
understand how best to do it. But I completely agree with Deputy Labey and Deputy Tadier and the
Scrutiny Panel that fishing is something that we really need to have a look at inserting into this. To
that end as well, fishing is now for the first time - as of last year - supported through a scheme very
similar to the Agricultural Support Scheme, so for the first time we now have payments going out to
the fishing sector as well because we want to see them thrive. Again, this is a sector that had lost all
confidence, and while I do not think in the fishing sector that confidence has returned to the levels of
the agricultural sector, I believe they are on a journey to getting there, and they know that the
Government now does support them and wants to help them go through that. Deputy Alex Curtis; I
will be attending the Regen Festival. I was there last year; I will be there this year. I do not need to
go there to meet farmers; I do meet plenty of farmers on a regular basis. As I just said, last week I
was in La Manche with 6 or 7 of them, but I always take the opportunity to meet with the farming
sector. To be honest, it would be fantastic to meet some of the smallholders who I have not had such
time with. To Deputy Ozouf, the Consolidated Fund and the technical way that this works, to be
honest I have not sat down with the Minister for Treasury and Resources to check exactly how it
works but I believe the Deputy’s characterisation of the funds remaining with the Consolidated Fund
is correct, and in my view is the way it should be. The older system of taking the money out and
putting it somewhere else just does not work and means that other priorities cannot be delivered on
as a result. I have to disappoint the Deputy in his hope that the cannabis sector is excluded; it is not
excluded because it is an agricultural activity. It is possible for cannabis businesses to apply. What
I can say is that the board of the Agricultural Loans Scheme; we are in a transition period at the
moment where there are officers on there but in a few weeks it will be entirely independent members
on there, and so it is their recommendations that are put forward to the Minister, and the Minister
acts on those recommendations. So there is no question in my mind that it is not the Minister who
decides these things; it is much more the board that decides these things. But to that end, and I do
agree - because we have been so focused on the law and making sure that we get the law fit for
purpose so we can meet the demands of Deputy Luce’s proposition last year - that we have not looked
so much at the policy. So that will be the area that we will look at and I think Deputy Renouf and
Deputy Ozouf are absolutely right that the policy is the area we need to elaborate on and build upon.
I am slightly disappointed that Deputy Renouf has not heard of the vision for the agricultural sector
because it is very much in the Rural Economy Strategy, but it does need to be brought together, I
agree, with the Agricultural Loans Scheme. As I was listening I was sitting there partly chastising
myself because I always feel like I should have everything done and ready to go all the time, but then
thinking, no, this is very helpful and this is the Assembly helping me to get this right. So if this is
accepted today the legal aspects of the Agricultural Loans Scheme are done but then the work will
have to start very quickly on policy and a vision to make sure it ties in with the support scheme. I
believe that is everyone’s comments and questions dealt with and so with that 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 principles of
P.41 and I ask the Greffier to open the voting and Members to cast their votes.
POUR: 43 CONTRE: 0ABSTAIN: 1
Connétable of St. Helier Connétable of Grouville
Connétable of St. Brelade
Connétable of Trinity
Connétable of St. Peter
Connétable of St. Martin
Connétable of St. John
Connétable of St. Clement
Connétable of St. Ouen
Connétable of St. Mary
Connétable of St. Saviour
Deputy C.F. Labey
Deputy M. Tadier
Deputy S.G. Luce
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 (H)
Deputy L.J. Farnham
Deputy P.F.C. Ozouf
Deputy Sir P.M. Bailhache
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 R.E. Binet
Deputy H.L. Jeune
Deputy M.E. Millar
Deputy A. Howell
Deputy T.J.A. Binet
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
Sir Timothy Le Cocq(The Bailiff)
Deputy Tadier, I take it from your earlier comments that your Panel does not wish to call the matter
in? Deputy Wilson, does the Panel intend to call matters in?
It is rather difficult to speak on what are basically 5 regulations, outwith the fact that you are dealing
with an underlying set of regulations with a law which I have all read. I am trying to find a way to
ask the Minister whether or not we are dealing with a reconstituted board, and having regard to his
answer, which I think he said in relation to loans that the independent board will recommend but the
Minister will decide, that is the situation. Therefore, the policy issues that we were referring to earlier
that Deputy Renouf and I myself asked for - and I am I suppose a little disappointed that there is no
policy underlying it but I can understand why - but I would imagine that it is going to take quite a
brave Minister and quite a brave panel to start putting public money into cannabis. I just cannot
imagine a situation where that would be required and I am kind of flummoxed about that because it
is an export industry, it was never supposed to be part of agriculture in that sense, and there is a lot
of controversy about it. There are some serious issues which seem to need to be dealt with in the
fullness of time. I do not know what to ask apart from whether the Minister will use his powers under
this law as amended with these regulations, which I will support, to take a very realistic and assertive
view about whether or not we really want to start lending cannabis growers public money.
It is just to show that I am listening and my microphone works; I just could not get it on quickly
enough to say of course we did not want to scrutinise this, we have scrutinised it effectively already.
Insofar as the comments of Deputy Ozouf, first of all I am not sure to what extent they speak to the
regulations but insofar as the regulations should set up a system which is at the very least arm’s length
from the Minister and, at best, independent from the Minister. I cannot help feeling it is slightly
inappropriate for Members to start singling out particular sectors within the industry which might not
be able to apply for grants when clearly these grants are open to all of the agricultural sector. Surely
the purpose of the scheme in enacting the regulations is to make sure that as long as criteria are met
and that there is robust governance around the scheme we should not be prejudicing one sector against
another, so long as they meet the criteria and there is genuine need and value being delivered by
whichever sector. Could the Minister perhaps reconfirm those principles and values when he
response in the second reading?
[15:30]
7.2.3Connétable K.C. Lewis of St. Saviour:
Kevin Lewis(ConneÌtable K.C. Lewis of St. Saviour)
Just a point of clarification from the proposer: does the regulation include agriculture and
aquaculture, or just agriculture?
Perhaps the Minister could just clarify in terms of the policy framework which the reconstituted board
will be operating under. I think that gets to the nub of some of the points I was making, and Deputy
Ozouf perhaps as well. What guidance will they be operating under; what policy framework will
they be operating under in order to assure the Assembly that decisions are not just purely at the whim
of the 5 people who will be on that board.
Sir Timothy Le Cocq(The Bailiff)
Does any other Member wish to speak in Second Reading? If no other Member wishes to speak in
Second Reading then I close the debate and call upon the Minister to respond.
7.2.5Deputy K.F. Morel:
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
I am going to upset somebody; that is one thing that is guaranteed from whatever I am about to say
next. Somebody is going to be unhappy. Let me start with Deputy Ozouf’s question about the
cannabis sector. I think it is difficult to say that one sector of agriculture should be excluded just
because that is the way I feel or another States Member feels. There is a reality, I would also say,
around the cannabis sector that many tens of millions of pounds have been invested in that sector at
effectively the request of Government in terms of Government opened up the cannabis sector as a
possibility for the Island, investors have moved in and they have invested many tens of millions of
pounds in the sector. To then say: “But we are going to treat you very differently to all other farming
activities on the Island because while we want you, we do not want you that much.” I find that a
very difficult position to maintain and so I am going to upset Deputy Ozouf because I am going to
side with Deputy Tadier in this one in that I see the whole point of the board is that it is 5 members
of an Agricultural Loans Board who I will distance myself from the idea that it is at the whim of the
5 people, as Deputy Renouf said. The whole point of having several people there is that it is nobody’s
whim; no one whim can easily get through. You have got 5 people who will be debating and
discussing the cases that are presented to them, the applications that are presented to them. It is those
5 people who will work within the terms of the law to decide whether that is a recommendation they
wish to make or not. I believe there is trust that is required. I heard very recently the really interesting
concept of the cost of a lack of trust, and it does strike me that societies where there is very little trust
between individuals as well as institutions, they cost a lot more. I do fear that Jersey has been moving
down this world where there is a lack of trust. Part of this for me is we are charging 5 people and a
Minister with the deployment of this loans scheme and we need to trust them to do that, and they will
be accountable and they will be replaceable, but these are members of our own society and I believe
we need to trust that as well. So I do not agree at all with the idea that it is a whim. I think whoever
these 5 people are it undersells the contribution that they are about to make to the Island society that
we live in. I think that goes in many areas around boards where we ask non-States Members to take
part. We need to trust them. Accountability ultimately is through the Minister and ultimately in the
success of the scheme, but I believe that all members of the board will be working for the betterment
of the Island’s agriculture sector and that our own individual preferences should not come in over the
top of that. With that I ask for the appel.
Sir Timothy Le Cocq(The Bailiff)
The appel is called for. I invite Members to return to their seats and ask the Greffier to open the
voting and Members to vote.
POUR: 40 CONTRE: 0ABSTAIN: 3
Connétable of St. Helier Connétable of Grouville
Connétable of St. Brelade Deputy P.F.C. Ozouf
Connétable of Trinity Deputy B. Ward
Connétable of St. Peter
Connétable of St. Martin
Connétable of St. John
Connétable of St. Clement
Connétable of St. Ouen
Connétable of St. Mary
Connétable of St. Saviour
Deputy C.F. Labey
Deputy M. Tadier
Deputy S.G. Luce
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 (H)
Deputy L.J. Farnham
Deputy Sir P.M. Bailhache
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 R.E. Binet
Deputy H.L. Jeune
Deputy M.E. Millar
Deputy A. Howell
Deputy T.J.A. Binet
Deputy M.R. Ferey
Deputy R.S. Kovacs
Deputy A.F. Curtis
Deputy L.K.F. Stephenson
Deputy M.B. Andrews
Sir Timothy Le Cocq(The Bailiff)
Do you move in Third Reading?
7.3Deputy K.F. Morel:
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
I do, Sir.
Sir Timothy Le Cocq(The Bailiff)
Is it seconded for Third Reading? [Seconded] Does any Member wish to speak in Third Reading?
I will happily withdraw the reference to ‘whim’. It did not capture what I was trying to say. It was
more about a vacuum I guess, decisions being taken in a vacuum. I do not feel I am quite clear
enough on whether the board will be operating within a policy framework or will they simply be told,
to caricature it slightly: “Here is £10 million; make your own decisions.” Or will they have in front
of them a policy framework - which he and his officers I know have worked on very hard in terms of
the grant scheme of which I am very, very supportive - but I would love to know whether either that
framework or something similar to it is going to be used in this case, or is it really just literally entirely
up to the board to make their own decisions.
Sir Timothy Le Cocq(The Bailiff)
Can I just remind Members that the only purpose of any debate in Third Reading is to whether or not
the law should be adopted in Third Reading, and not any other purpose.
My difficulty in supporting it in the Third Reading, which I will do but with a big concern, and that
concern is that I find it very difficult to hear the Minister. I hear effectively a creeping view that ... I
am not prohibitionist, I am not anti-cannabis, I am not anything of that description, however, if we
start now regarding our precious agricultural industry and our valued horticultural industry with all
of the remarks that other Members have made about being more sustainable, growing our own food,
et cetera, I am afraid that cannabis is not that. Cannabis may be a plant but it is a controlled substance
and its cultivation at scale - which is what is happening in Jersey, this is not for domestic consumption
- one glasshouse alone could provide sufficient cannabis for illegal cannabis use of about 10 million
people, I understand. It is enormous. Now, how possibly can this Assembly or the Minister justify
effectively subsidising the cultivation of what is a highly-controlled substance - which we do not
have control over the licensing because it is an export - and public money, assets and land being used
for that? I have always been somewhat of a sceptic of it and what I see is nothing different from if it
sounds too good to be true then it probably is. The fact that it is now being apparently open for public
money and lending I find a step really that I would suggest is too far. I may be alone but I find it
very, very difficult to accept that. But I hope that is not the purpose of the Agricultural Loans Board,
I hope that they are going to be approving some really good loans for some really good productivity
improvements in our valued dairy sector and our sectors of the economy, but it is with the cannabis
thing that I think that we are going to be having lots of issues, and I urge the Minister to reconsider
and to take soundings from colleagues about whether or not it is sensible to sign off loans for
cannabis. I will leave it there.
7.3.3Connétable K.C. Lewis of St. Saviour:
Kevin Lewis(ConneÌtable K.C. Lewis of St. Saviour)
Apologies in advance if I missed it but I did not hear a response to my question as to whether loans
would be available for agriculture and aquaculture.
I just wanted to say that I am very cognisant of what Deputy Ozouf was saying about that it is
important not to be lending speculatively. I think the public has had enough of that in any shape or
form with public money, and that there must be some different kind of values applied in terms of
looking at business plans and what is being produced with the lending of public money as essentially
this is what it is about. But I personally will be asking some more questions about that. I certainly
will be supporting this; I urge everybody to do this, thank you.
Sir Timothy Le Cocq(The Bailiff)
Does any other Member wish to speak in Third Reading? If no other Member wishes to speak in
Third Reading I close the debate and call upon the Minister to respond.
7.3.5Deputy K.F. Morel:
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
I thank particularly the Connétable of St. Saviour for reminding me of his question. I had
remembered just as I sat down that I had forgotten to respond to the aquaculture part. I was intending
to do so but I thank him for his nudge. Aquaculture is in scope and, as far as the wider fishing
industry, that is something we are seeking to bring into scope in 2025, but at the moment aquaculture
is effectively termed as agriculture for the terms of this law and dealt with as such. To Deputy
Renouf’s question about policy; really that comes back to my response to Deputy Ozouf in the First
Reading which was there is not at the moment but I am very happy to work on that and bring that in.
I felt that was something missing and was kicking myself as both Deputies were speaking, and so
that is something I am very happy to do. I am more than happy. I understand Deputy Ozouf’s
concerns absolutely about the cannabis sector. I am always concerned about every sector in Jersey
so I do not want to say I am not concerned; I perhaps do not share Deputy Ozouf’s concerns to the
same extent but would definitely be very happy for Deputy Ozouf to come and speak to us about the
medicinal cannabis sector in Jersey and also obviously the Agriculture Loans Scheme. That goes to
all States Members as an invitation; I would be very, very pleased to. But I think what I was trying
to say in the Second Reading was it is very important that Jersey, from a medicinal cannabis
perspective, having invited investment we, as the States Assembly, do to some extent need to be seen
to actually want to support its success. That does not necessarily mean public money but I think if
we are then to invite investment and then a few years later turn around and speak against investment,
is a place that would make it very difficult to do business in Jersey in general. So I think there is an
element of seeing something through that we have started. One detail that I did forget with regard to
the 5 members of the board is that they make a recommendation to me but in the vast majority of
applications - I think it is over £150,000 if I remember rightly off the top of my head, please do not
hold me to that - where loans are being requested of a particular financial size or above then it is both
the Minister for Sustainable Economic Development and the Minister for Treasury and Resources
who have to sign them off. The majority of loans I imagine could well fall into that category and so
it would both be the Treasury and the Minister for Sustainable Economic Development who will be
doing that. I think that was a response to every Member who spoke. If not please do forgive me, but
I call for a final appel.
Sir Timothy Le Cocq(The Bailiff)
The appel is called for. I ask the Greffier to open the voting and Members to vote.
POUR: 43 CONTRE: 0ABSTAIN: 1
Connétable of St. Helier Connétable of Grouville
Connétable of St. Brelade
Connétable of Trinity
Connétable of St. Peter
Connétable of St. Martin
Connétable of St. John
Connétable of St. Clement
Connétable of St. Ouen
Connétable of St. Mary
Connétable of St. Saviour
Deputy C.F. Labey
Deputy M. Tadier
Deputy S.G. Luce
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 (H)
Deputy L.J. Farnham
Deputy P.F.C. Ozouf
Deputy Sir P.M. Bailhache
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 R.E. Binet
Deputy H.L. Jeune
Deputy M.E. Millar
Deputy A. Howell
Deputy T.J.A. Binet
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
8.Draft Telecommunications Law (Jersey) Amendment Regulations (P.47/2024)
No contributions recorded for this item.
8.1Deputy K.F. Morel of St. John, St. Lawrence and Trinity (The Minister for Sustainable Economic Development):
The Assembly I am sure will be pleased that they will be getting rid of me after this one. They will
be hearing from other speakers going forward; this is the last that I will be bringing today. These
amendment regulations provide the legislative underpinning for a telecommunications security
framework for Jersey by inserting a new part 5A into the existing Telecommunications (Jersey) Law
2002. Consistently ranked as having among the best high-speed connectivity in the world, Jersey is
rightly proud of the connectivity provided by our telecoms networks and services. Indeed, the
strength of our economy and our excellent reputation as in international financial services centre, as
well as a centre of innovation, are based not only on our laws and high standards but also on the
Island’s secure high-speed digital connectivity. Those networks and services are becoming ever more
capable and more important as the key critical national infrastructure underpinning and carrying the
potential to transform every aspect of our lives. In an ever-changing, increasingly complex world,
new capabilities come with new vulnerabilities, risks and threats. It is important that Government
and Jersey’s provider of telecoms networks and services have the tools to be able to protect the
connectivity on which Jersey depends. Jersey is not alone in taking action. The United States, the
European Union, E.U. member states and other democratic nations are all putting in place legislation
and the frameworks needed to maintain and improve the security and resilience of telecoms networks
and services. So too is the United Kingdom. Jersey’s relationship with the United Kingdom is deep
and longstanding, and our closest cultural, economic, and diplomatic relationships are with the United
Kingdom. Jersey looks to that country for our defence and international representation. Our telecoms
providers use the U.K. +44 phone numbers and they work closely with U.K. telecoms providers and
agencies to maintain the security of our networks and services. These amendment regulations are
aligned with the U.K.’s Telecom Security Act 2021 and, once implemented by the end of 2025, will
provide the tools Government and our providers need to maintain and improve the security of Jersey’s
networks. We have worked closely with our providers and other stakeholders, including the
Governments of Guernsey, the Isle of Man, the U.K. and their agencies in developing this framework.
We do not hide from the challenges that Government and Jersey providers of networks and services
face to implement and comply with the amendment regulations and telecom security framework. We
value the input of our stakeholders, most importantly Jersey’s providers of networks and services. I
assure the Assembly that we will work closely with them to ensure Jersey’s telecom security
framework is proportionate and fit for purpose. There will also, of course, be costs which need to be
borne. It is our belief that the costs of maintaining and securing our connectivity will be less than
the costs that Jersey, Islanders and businesses would otherwise face should our networks and services
become compromised, data be stolen or our national critical infrastructure cease to work. I believe
that these amendment regulations are necessary and expedient and I urge Members to support them
in the interest of the security of Jersey. With that as well, I would like to thank Deputy Scott, who
has worked closely on these telecom security regulations and also the office of the Jersey Competition
and Regulatory Authority, which will be the authority which regulates these security framework
works in place and has worked with us during this period. With that I move not for the appel but I
move the proposition.
Sir Timothy Le Cocq(The Bailiff)
A little bit too soon for that. You moved the proposition, is the principle seconded? [Seconded]
Does any Member wish to speak on the principles?
It might be the last time you hear from the Minister today but unfortunately, or fortunately depending
on which way you look at it, our panel obviously deals with this Minister and also the Minister for
External Relations, so I am going to be metaphorically on my feet quite a lot today, but I will not
keep Members any longer than I need to. Again, you will be aware that it has been a busy baptism
of fire for the panel in the first few months of this year, now taking us up to September. There is lots
of new law legislation coming through like this, as well as amendments to other areas of law. We
have been learning a lot as a panel and it has been very interesting. This piece of work in particular
was one, I think, that is much more interesting than it might look on the face of it. I hope that is not
taken as a backhanded comment in any way, because we do acknowledge that lots of work has been
going on in this area, not even just recently but it is a longstanding piece of work. I think that the
wider context here is important and I would probably qualify or explain what is being brought
forward by the Minister as falling essentially into 2 camps. The first part is really to ensure that
Jersey complies with its allies in terms of securing the network from what it understands to be
potentially rogue operators or international pressure from hostile entities. I am going to just see if I
can quieten down ... I think it is working, is it not? I have got my own hostile entity, I am afraid,
outside the door. Of course, talking about the threats from Russia and China, on the one hand, it is
important to say that the real politic of this also plays an impact. There are different schools of
thought perhaps around the world as to whether or not the requirements about high-risk vendors, et
cetera, designated vendor directions that are listed in the law are fundamentally to do with sanctioning
bad players or whether they are genuinely to do with security. But, of course, the panel does not
really have any comment on that. We have to take at face value the fact that we are told by security
forces beyond our shores that certain types of hardware, for example, should not be used in the future.
It may well be that, of course, then the Minister, given power in this law, will need to issue designated
vendor direction to make sure that certain equipment in Jersey is not being used. On the other hand,
I think the law is also to make sure that our network is internally and locally secure. So if there are
outages that do occur, which are not to do with any kind of nefarious outside intervention, but just
due to the fact that there are problems with the network, it is to make sure, of course, that those
problems are mitigated, that there are relevant penalties if there are breaches which should not be
happening in the first place, and making sure that the network is, of course, secure for all of us, but
including for the business community. We have seen recently, I think, what can happen in terms of
at least making payments when networks go down. There are, I suppose, 2 other areas that I want to
give the Assembly some thoughts on. The first point is that there is a panel observation contained in
our comments that is from point 11 onwards that the panel notes that the J.C.R.A. (Jersey Competition
and Regulatory Authority) in Jersey will effectively have a dual function as both the Telecoms
Security Regulator and the Competition Authority. We did ask questions around this because this
does differ from for example the United Kingdom model where the Ofcom regulates telecoms and
the C.M.A. (Competition and Markets Authority) oversees competition. Now, why would that be
relevant? It is because we were concerned, and we maybe do still remain concerned, that on the one
hand the J.C.R.A.’s prime function and the reason it was set up is effectively as a competition
regulatory authority; the clue is in the title, of course. For example, we know that even in the telecoms
market recently, there has been a recent merger going on where Airtel is effectively being bought out
by Sure. Of course, it was J.C.R.A.’s job to look at that merger. There is a document that is in the
public domain where they have commented on that merger and issued some directions around
mitigation, around competition. Of course, as a panel, I would say we will be watching very closely
to see how that dual role of the J.C.R.A. both being a competition regulatory authority, but in this
case also being effectively the Competition and Markets Authority for Jersey for this new law will
pan out. There is definitely a theoretical overlap and potential conflict of interest there and I would
want to make sure, and the panel would want to make sure, that we keep a close eye to make sure
that there is no real conflicts of interest that appear in that area. I hope it is understood that is not a
criticism, by the way, of the J.C.R.A. and we do acknowledge that there are different ways for setting
up the model and the new law. But it is something which I think does need to be pointed out in this
debate so that it has had relevant scrutiny from our side, but the Assembly and its Members might
want to consider that issue as well and maybe changing it in the future. I think the second point,
which is then related to that first point, is about the impact on competition, because we speak about
this in point 14 onwards in our comments. The first thing that has to be said is that this is no small
piece of legislation and it is one that does impose quite a heavy burden on players in the market. We
know that there are really just 2 big players, I suppose, when it comes to the telecoms market in
Jersey. Of course, the question would normally be, when introducing any new legislation, what
impact will it have on the industry? Of course, the fact that this is red tape, whether we like it or not,
and it will be, I suspect, very difficult for smaller players to enter back into the market if they wanted
to, given the fact that there is quite an onerous level of responsibility in ensuring that they comply
with the law, which is not without costs. The corollary of that is that this legislation is unavoidable.
So it does go back to the point that, for national security, Jersey is being told that we have to do this,
it has to do this, and it has to comply, really, so there is not really a great deal of choice in that matter,
but I think it is also desirable anyway for other reasons that the law is implemented. But we must be
aware of going into it with our eyes open and the fact that we already have now a reduced market in
terms of its competitivity in the local provision. So those are really the only comments I wish to
make. There are further comments that can be read, of course, if they have not been already by
Assembly Members. Again, I thank officers for the various briefings we have had. Some of these,
by the very nature of them, had to be done confidentially but also the comments and the law itself,
of course, are in the public domain. Thank you to my panel and the officers for helping to make
those and we are quite happy globally to support this new piece of legislation as it is coming through.
I heard the Chair of the Economic and International Affairs Panel’s comments with interest,
particularly since I formally had that role. In that role, we indeed had briefings of government officers
on the subject of these regulations. I am very pleased to see that they have finally been brought to
the Assembly today, particularly because of their importance to the future economy of Jersey. One
of the key reasons why they are so important to the future economy of Jersey is the role that they
have to play in protecting intellectual property. One of the areas of concern in terms of cybersecurity,
in terms of the equipment that has been used in some systems, has been the ability to manipulate
them, to steal the ideas that have been developed by commercial ventures who are spending a lot of
money developing new products, new solutions that are going to support the development of basically
the world and the cost to them of having their ideas stolen before they are even copyrighted or
protected in any way by patents. So I very much urge the States Assembly to think of the future
economy and support this proposition.
[16:00]
Of course, cybersecurity generally is an area, I think, that is of great significance to the Island, too.
We do not have our own standing army. Where we actually see our future growth will very much
depend on the reliance on safe and secure systems. In that respect, I would point out that the chair
of the Economic and International Affairs panel has mentioned that perhaps there are small players
who cannot afford to keep their system secure. I would be saying do not play in this area at all or in
any area if you cannot keep your system secure. It is of absolute importance to this community and
it is important that Government is able to have a role in this. With respect to Ofcom, I would very
much thank the J.C.R.A. for the role that they have taken on. For now, at least, I do see a synergy in
the role that they play in terms of competition, the telecoms market and in terms of security which in
fact needs to be taken into account in actually seeing really who can afford to play in this game. So
on that point, I thank the officers who have worked on this and I thank the Minister for Sustainable
Economic Development for taking the brunt of the work and presenting these regulations to the States
Assembly today.
Sir Timothy Le Cocq(The Bailiff)
Does any other Member wish to speak in First Reading? If no other Member wishes to speak, then I
close the debate and call upon the Minister to respond.
8.1.3Deputy K.F. Morel:
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
I would like to thank Deputy Tadier and his panel for the work, for the comments that they made, but
also for so clearly, as I am sure the Assembly understood from the Deputy’s intervention, taking the
work on this very seriously and seeking to understand its detail and its impact. Deputy Scott is also
correct that this work is really important to make sure that organisations seeking to work with Jersey
in any way, shape or form can have the confidence that our telecoms networks are entirely secure
and therefore have the confidence to work with Jersey, whether that is in business or in any other
sector, the public sector or any other. This law and the work that will go on behind it by the telecoms
operators and the J.C.R.A. will give them the confidence that when they are working with Jersey they
know that they are working with a high-level of security for their communications. I think it is an
interesting point that Deputy Tadier raised around the dual role of the J.C.R.A. I would go a bit
further to say the J.C.R.A. already has a dual role. It is a competition regulator but it is also a sectoral
regulator. It regulates the telecom sector, it regulates the postal sector, it regulates ports. That is
separate to its competition work. Indeed, the C.M.A. and Ofcom have very overlapping areas and
Ofcom has a competition remit as well as the C.M.A. having a competition remit. So it is quite
normal for there to be multiple roles within one of these regulatory agencies. But also in Jersey I
think it is really important that we operate in a way which allows agencies to take on - particularly
regulatory agencies - different areas of work. Because if we were not to do that, we would be having
to set up new regulatory agencies on a regular basis. That would not be a pleasant system to operate
with, both from a business perspective but also from a political perspective. Just holding and funding
so many agencies would be really awkward. In fact, if all goes to plan, you will see me bringing
forward laws in a completely different area, which will be asking another regulator to take on new
work in a completely different area as well. So I think it is entirely appropriate to ask the J.C.R.A.
to take on this work. They are the organisation outside of the telecoms operators themselves or
Government, which has the most knowledge about the telecom sector and is therefore best placed to
do this work. That said, Government is having to fund this work by the J.C.R.A. Quite
understandably, it is extra work. The J.C.R.A. is having to hire for that, I believe, because it is
specialist work. If they are not hiring then it is likely that I imagine that they will hire in order to do
that. Hence, we have to pay for that work to be done as well. Ultimately, extra costs by the regulator
get passed on as extra costs to the telecoms operators, which gets passed on as extra costs to
consumers. So a law such as this does increase cost. If you want high security, it does cost more.
But I do believe that this has been done in a proportionate way, which has enabled those costs to be
absolutely minimal to the extent that I do not expect any consumers to notice the cost in that respect.
I think it is also really important to understand that Jersey was not so much told to do this, so much
as Jersey and the other Crown Dependencies have been made aware that it would be a very, very
good thing for us to do this. That it would be a very, very good thing for us to do this, I will leave it
at that. But I think this is a really good piece of work, which, again, working with the key
stakeholders, we have managed to get through a very technical area, come up with a law which is
proportionate, but which will give other countries, other nations that interact with Jersey the
confidence that they can do so on a highly secure footing. So, with that, I ask for the appel.
Sir Timothy Le Cocq(The Bailiff)
The appel is called for. I invite Members to return to their seats. I will ask the Greffier to open the
voting and Members to vote.
POUR: 42 CONTRE: 0ABSTAIN: 0
Connétable of St. Helier
Connétable of St. Brelade
Connétable of St. Martin
Connétable of St. John
Connétable of St. Clement
Connétable of Grouville
Connétable of St. Ouen
Connétable of St. Mary
Connétable of St. Saviour
Deputy C.F. Labey
Deputy M. Tadier
Deputy S.G. Luce
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 (H)
Deputy L.J. Farnham
Deputy S.Y. Mézec
Deputy P.F.C. Ozouf
Deputy Sir P.M. Bailhache
Deputy T.A. Coles
Deputy D.J. Warr
Deputy H.M. Miles
Deputy M.R. Scott
Deputy J. Renouf
Deputy C.D. Curtis
Deputy L.V. Feltham
Deputy R.E. Binet
Deputy H.L. Jeune
Deputy M.E. Millar
Deputy A. Howell
Deputy T.J.A. Binet
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
Sir Timothy Le Cocq(The Bailiff)
Deputy Tadier, I take it from your speech that you are not calling the matter in?
I should probably confess that I was the original rapporteur for this original law and so these
amendments, I do not think there have been many, or indeed regulations, falling beneath them. I did
not speak earlier but, of course, it goes without saying that national security is a matter of huge
interest and, of course, when this law was first brought out we did not live in the world in which we
sadly live now. Which is not only the fact that we have fantastic telecommunications, which are so
fast. I cannot help but recall that the regulator at the time was against that but it still happened. It
notes the importance of political debate and political decision making sometimes disagreeing with
the regulator. The specific reason for rising and asking the Minister a question in this set of Articles
is that I am unclear as to whether or not the Minister, or a Minister, retains what a U.K. Minister
would have, which is an ability to issue a direction to telecom providers in the national security
interest, which is not subject for reasons that sometimes can be just simply too confidential to a
telecom provider. It is inappropriate to give examples but I am aware of one where there was a nexus
in Jersey where information was provided to another jurisdiction about certain matters to do with a
telecoms provider, where there was a national interest issue and a direction was given by the Minister
in that other country. I am not clear whether or not there is going to be an ability under these
regulations that in such extraordinary but necessary ... and sadly, in the world that we are living in,
this kind of thing happens, and we are talking about cyber-attacks, ownership of telecoms companies
that pop up and do things and compromise, and have the capability of causing chaos in jurisdictions.
I understand why the Minister is relying upon the J.C.R.A. If they are not competent to do it, they
are going to have to be, as the U.K. Ofcom is relying upon the National Cybersecurity Centre, the
D.S.I.T. (Department for Science, Innovation, and Technology) and the U.K. National Security
Council themselves. We do not have any of those bodies but were the circumstances to exist where
a provision or a protection, an order, by a Minister outwith any regulatory issues, I am not sure
whether that could be made. I am not sure whether that is capable of being answered either by the
Solicitor General or otherwise. But I am nervous if there is simply a complete handing over to a
regulator that sometimes even they cannot be told of certain matters, which I do not want to say
anymore. But I think the Solicitor General may well understand the kind of matters I am talking
about and whether or not these Articles allow the Minister to make that extraordinarily important but
necessary decision if need be.
I have 2 questions for the Minister. The first relates to proposed regulation 24E, which is on page 28
of the regulations, where 24E(1) says: “The Minister must review a designated vendor direction from
time to time.” I wonder if the Minister might explain what “from time to time” means. It seems a
very fluid instruction to the Minister. Does it mean once a month, once a year? It does not give him
very much guidance as to how he should exercise his discretion to review a direction. The second
question is on page 44, regulation 24ZA, a right of appeal, which is the Article that gives a right of
appeal to the court against a decision of the authority. It is a similar kind of point, really. The
question is, paragraph 6 of that Article says, when it determines an appeal under this Article: “The
court may”, so the court is given a discretion but how is the court to exercise that discretion? Should
it ask itself whether the authority has conducted itself unreasonably? Should it ask itself whether it
would have made a different decision had it been taking the first decision? Again, there does not
seem to be much guidance to the court as to the exercise of a discretion. Perhaps the intention is to
leave the matter to the court. I am sure the court would be very happy to make its own decision as
to how it should approach its discretion, but it is at least for consideration as to whether the legislature
should give some guidance to the court as to how that should be done.
Sir Timothy Le Cocq(The Bailiff)
Does any other Member wish to speak in Second Reading? Deputy Ozouf, were you asking a
question of the Solicitor General?
I was looking across at the Assembly to the Solicitor General and I think he may be ... I apologise
to Members, I probably have not looked at every single Article and Members do not tend to. I know
the Scrutiny Panel has done a very good job but I would like to ask if the Solicitor General can
reassure me and other Members of the Minister’s ability alongside that of the authority, I think that
would be helpful.
Off the top of my head I am looking at 24L, which is on page 34, which is a duty to take specified
security measures, which provides as follows: “The Minister may, by order, provide that a provider
of a public electronic communications network or a public electronic communication services must
take specified measures.” Then there are preconditions as to the circumstances in which he must do
that. The reference to “order” would suggest that that might have a public flavour to it, which might
not necessarily sit comfortably with security. I would have to consider the bulk of this text, which I
think Members will appreciate is substantial, if I were going to be able to answer that with greater
authority.
I am grateful to the Solicitor General. He is raising some of my concerns without wanting to spell
them out. These are sensitive issues. I have no further questions for the Solicitor General and I
suspect this needs to go through and then there is some questions just of finessing.
Sir Timothy Le Cocq(The Bailiff)
Thank you very much, Deputy. If no other Member wishes to speak in Second Reading, I call upon
the Minister to respond.
Deputy P.F.C. Ozouf:
No contributions recorded for this item.
M. Jowitt, K.C., H.M. Solicitor General:
No contributions recorded for this item.
8.2.3Deputy K.F. Morel:
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
Certainly, if given a choice as to whether the Solicitor General should answer a question or I should,
I will plump for the Solicitor General every time. I thank the Solicitor General for his answer. There
are significant Ministerial powers in the law. Indeed, I am very grateful, Deputy Scott has been
apprising me of a range of them, including Article 24B. It is correct that the Minister can order the
J.C.R.A. to review security procedures in respect of interests of security of Jersey. There are various
other areas in which the Minister is able to direct. Rather than trying to speak in the way that the
Solicitor General can, I would much prefer if any Members would like more information on that,
please do ask. The reason I ask Ministers to ask is because then, as it is a legal question, it can be
expressed precisely and then we can answer precisely that question. So, with regard to Deputy
Bailhache’s quite understandable questions, the ‘time to time’ element was used, I believe, because
it is very difficult to prescribe when new security requirements will come into effect. Obviously, we
have seen a period of decades where perhaps there were very few security requirements. We lived
in a very peaceful and stable world. In the last few years, the requirements have gone off the chart
because the world has become more volatile and nations that were once friendly are now less friendly.
So in a period such as now, the Minister is more likely to be reviewing on a regular basis. On a
period such as the 1990s into the 2000s, that sort of more peaceful period, it may be less so. That is
why such flexibility was given. If the Minister wished to do so on an annual basis, and so on, the
Minister has the discretion to be able to do that. But the ‘time to time’ aspect was really to enable it
to happen whenever it was necessary, as security requirements come in. On Deputy Bailhache’s
second question, which was about guidance to the court, I could not feel more out of my depth right
now if I tried. I do not know the answer to that question. It is ‘may’, as I would imagine, we used
‘may’ in order to precisely give the court discretion and not direct the court as to how it must think
on something. But, again, that is something that if Deputy Bailhache would like a more detailed
answer with actually someone with a legal background behind it, standing behind that answer, then
I suggest we take it out of the Assembly. I would be very happy to find the answer more specifically
to that after the Assembly. With that, I move for the appel.
Sir Timothy Le Cocq(The Bailiff)
A call for the appel. I invite Members again to return to their seats. I ask the Greffier to open the
voting.
POUR: 44 CONTRE: 0ABSTAIN: 0
Connétable of St. Helier
Connétable of St. Brelade
Connétable of St. Peter
Connétable of St. Martin
Connétable of St. John
Connétable of St. Clement
Connétable of Grouville
Connétable of St. Ouen
Connétable of St. Mary
Connétable of St. Saviour
Deputy C.F. Labey
Deputy M. Tadier
Deputy S.G. Luce
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 (H)
Deputy L.J. Farnham
Deputy S.Y. Mézec
Deputy P.F.C. Ozouf
Deputy Sir P.M. Bailhache
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 R.E. Binet
Deputy H.L. Jeune
Deputy M.E. Millar
Deputy A. Howell
Deputy T.J.A. Binet
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
Sir Timothy Le Cocq(The Bailiff)
Do you propose in Third Reading, Minister?
8.3Deputy K.F. Morel:
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
Yes, Sir.
Sir Timothy Le Cocq(The Bailiff)
Is it seconded for Third Reading? [Seconded] Does any Member wish to speak in Third Reading?
Those in favour of adopting in Third Reading, kindly show. Those against? The regulations are
adopted in Third Reading.
Kirsten Morel(Deputy K.F. Morel of St. John, St. Lawrence and Trinity)
May I quickly thank the Assembly and all Members for taking part that debate and voting the
regulations through.
9.Draft Patents Law and Registered Designs Law (Jersey) Amendment Regulations 202- (P.48/2024)
That is correct, Sir, thank you. As Members will know, the Government Plan approved by the
Assembly in December last year includes investment for the modernisation of Jersey’s intellectual
property legal framework. This includes the Patents (Jersey) Law 1957 and the Registered Designs
(Jersey) Law 1957, which these regulations would amend if adopted. I would like to thank Deputy
Ozouf for initiating this key programme of work in his previous role as Minister for External
Relations. I would also like to thank the Members and officers of the Economic and International
Affairs Scrutiny Panel for their helpful comments on and support for the draft regulations. Two of
the themes in the Strategy for Sustainable Economic Development that was published by the Minister
for Sustainable Economic Development last October are innovative economy and international
economy. Modern sustainable economic growth is increasingly driven by innovation, ideas, and
intangible assets taken the form of intellectual property used globally. For many businesses,
intellectual property is their most valuable asset. Its protection enables them to recoup and benefit
from the time and money used to create, research and develop new products, designs and inventions.
With the programme of work now underway in the Economy Department, over the next 12 to 18
months I will be bringing a substantial volume of proposed intellectual property legislation to this
Assembly, aimed at enabling local businesses to benefit from a number of international treaties
relating to intellectual property. Today, as a first step, I am bringing forward these draft regulations.
Their purpose is to enable the Island to join 2 important international agreements relating to
intellectual property. The first is the Patent Cooperation Treaty. This treaty deals with patents,
which, as Members will know, protect new, inventive and industrially applicable inventions. The
second is the 1999 Geneva Act of the Hague Agreement concerning the international registration of
industrial designs. The Hague Agreement makes provision for designs relating to the outward
appearance of a product based on its shape, configuration, pattern or ornamentation. Although the
subject matter of both international agreements therefore differs, their purpose is the same, namely
to create international systems that allow users to achieve intellectual property protection in a large
number of countries worldwide by finding a single application with multinational reach through the
Patent Cooperation Treaty and Hague Agreement mechanisms. This replaces the need to file several
separate applications, saving users time and money by enabling them to easily and swiftly acquire
patent or design protection in multiple markets. Ensuring that Jersey’s intellectual property laws are
modern and consistent with international standards, such as, for example, those set out in the Patent
Cooperation Treaty and Hague Agreement, is an important objective for the Government. If the
States Assembly is minded to approve the regulations, it is anticipated Jersey will benefit in a number
of ways. Firstly, the draft regulations are intended to support growth of our future economy and
inward investment by helping to reduce barriers to doing business in the Island and related red tape.
Currently, the fact that Jersey is not included in the Patent Cooperation Treaty and the Hague
Agreement may disadvantage some businesses and entrepreneurs in the Island, as they are unable to
benefit from the unified procedures created by these international agreements. Under current
legislation, in the absence of the proposed amendments, businesses, designers and inventors in the
Island are required to file individual applications in each of the countries where they are seeking
protection. This makes the process more complex and expensive than the one-stop shops offered by
the networks created by the Patent Cooperation Treaty and the Hague Agreement. Secondly, both
the Patent Cooperation Treaty and the Hague Agreement often feature as mandatory conventions in
free trade agreements. This means that a jurisdiction must comply with the requirements in these
intellectual property conventions in order to benefit from all aspects of the free trade agreement
concerned. Whenever opportunities arise, and if this is considered in Jersey’s best interest, the
Government’s ambition is to seek full participation in free trade agreements. This may bring a range
of benefits, including lower trade barriers and strengthening the Island’s ties with some of the world’s
most dynamic economies. Jersey’s longstanding commitment to the development and
implementation of international standards is a cornerstone of the Island’s international reputation,
which this Assembly has consistently promoted and supported. Jersey law already largely complies
with both the Patent Cooperation Treaty and the Hague Agreements. Jersey will be able to seek
inclusion without having to make any fundamental changes to its current system of patent and design
reregistration. As Members may know, both the Patents (Jersey) Law 1957 and the Registered
Designs (Jersey) Law 1957 provide for re-registration in Jersey of intellectual property rights first
registered in the U.K. There is no separate examination in Jersey of the extent of compliance with
the various requirements in U.K. law that apply before a secondary registration in Jersey can be made.
However, in each case, the secondary registration in Jersey can only remain in force in Jersey so long
as the right remains in force in the U.K. It is not considered feasible or desirable at this time to
establish a primary registration system for patents and designs in Jersey, as the expected costs would
not be proportionate to the limited number of applications for patent and design registration in Jersey
that currently occur. A small number of highly technical amendments is, however, needed to fully
align Jersey law with the obligations in the Patent Cooperation Treaty and the Hague Agreement.
This is primarily the case, as both the Patent Cooperation Treaty and the Hague Agreement are written
with a much larger jurisdiction system of original grant in mind.
[16:30]
More specifically, in order to retain Jersey’s system of re-registration of patents and designs for all
other types of applications, the draft regulations make specific provision for the so-called Patent
Cooperation Treaty and Hague Agreement applications. If the regulations are adopted and the
treaties are subsequently extended, any such applications that include the United Kingdom will, if
granted, automatically also cover Jersey without the owner having to re-register it here with the Jersey
Intellectual Property Office. I wish to reassure Members that the proposed approach to the Patent
Cooperation Treaty and Hague Agreement implementation is very much regarded as an exception
with respect to any automatic recognition of intellectual property in Jersey. Importantly, the normal
route under existing legislation to obtain design and patent protection in Jersey remains in place for
all other types of applications. Furthermore, with regard to trademarks, I have instructed the
department to establish a modern and new system of primary trademark registration. It is furthermore
important for Members to recognise that the draft regulations I am bringing today concern a small
number of changes in a very technical area of our domestic intellectual property legislation. As I
have explained, if Members are willing to approve the draft regulations, this will ensure Jersey is
compliant with the relevant international treaties. These treaties do not presently apply to Jersey and
it should be distinguished that Jersey would need to formally seek their extension before they can
take effect here. This process is a separate matter that falls within the responsibility of the Minister
for External Relations. I, however, understand that with regard to that process, conversations are
ongoing with the Legislation Advisory Panel on the procedure for treaty approvals in Jersey. The
Minister for External Relations has confirmed to me that any extension of the treaties referenced in
this speech will not occur before further dialogue with the panel has taken place. I also wish to inform
Members that the proposed approach to international patents and designs was brought to the attention
of stakeholders and the wider public in the consultation on the establishment of a new system of
primary trademark registration in Jersey, which ran earlier this year. No objections or concerns in
relation to this proposal were raised as part of that consultation. In conclusion, by joining the Patent
Cooperation Treaty and the Hague Agreement, once the extension process has been completed,
Jersey will be able to offer the types of services in the patents and registered designs area that can
typically be expected from a modern open economy in the most economical way. This is good for
local businesses and residents by removing red tape, good for businesses who may be looking to
invest in Jersey, and reduces barriers to participation in free trade agreements that may deliver
benefits to the wider Island economy. Therefore, to ensure compliance of Jersey law with the Patent
Cooperation Treaty and the Hague Agreement, and to enable us to subsequently seek extension of
both treaties to Jersey, I ask that the States Assembly approve these draft regulations. Sir, I move the
principles.
Sir Timothy Le Cocq(The Bailiff)
Are the principles seconded? [Seconded] Does any Member wish to speak on the principles?
My concerns about these regulations lie not in the principles themselves, which indeed I support, but
in their purpose, which is as set out in the Minister’s report to extend the ratification of the Patent
Cooperation Treaty and the 1999 Geneva Act of the Hague Agreement, and the Minister’s approach
to that purpose. In March 2023, last year, the States resolved that all treaties and international
agreements should be approved by the Assembly before coming into effect in Jersey. It was an
important resolution, stemming from a proposition of Deputy Mézec, and the Legislation Advisory
Panel, which I chair, was charged with the preparation of legislation to give effect to it. The
legislation is in draft, but as the Assistant Minister has said, there are difficulties which the L.A.P.
(Legislation Advisory Panel) and the Minister are seeking to resolve. I do not need to go into them
here. The significance for this debate, however, is that the Minister’s report suggests - and the
Minister has confirmed to the L.A.P. - that, and I quote: “If the draft regulations are adopted by the
States, the process to seek extension of the U.K.’s ratification of both the P.C.T. (Patent Cooperation
Treaty) and the Hague Agreement will follow.” What the Minister meant by that slightly elliptical
statement was that he would issue a Ministerial direction and arrange through the official channel for
the U.K. to extend the ratification of the treaties to Jersey. It was pointed out to the Minister by the
L.A.P. that such an approach was not unlawful because there is, as yet, no legislation, but it would
certainly go against the spirit of the States resolution of 1st March 2023. Presenting treaties to the
States so that the extension of the ratification by the U.K. can be approved is important. It enables
the Assembly to see what the Government is proposing to do in terms of creating obligations with
which Jersey will have to comply. The extension of the ratification of a treaty should not be done
behind closed doors; it should be done openly. We, in the Assembly, need to see the text of the
treaties which are going to bind us. For example, in relation to the Patent Cooperation Treaty, there
is an article, Article 57, which provides that the Union of States has a budget and that if any financial
year closes with a deficit, the contracting parties will pay contributions to cover the deficit. Will that
affect us? I am sure that there is a satisfactory answer to the question but Members should be given
the opportunity to fulfil their responsibility of holding the Government to account on these matters.
The Minister has given an undertaking to the L.A.P. not to seek extension of the U.K.’s ratification
until there has been an opportunity for further discussion. But I would like him to go further - and I
appreciate that the Assistant Minister will probably not be able to assist today - I would like an
undertaking that he will bring a proposition to the States seeking approval for the extension of the
ratification of these treaties to Jersey. I am sure he will get that approval because the Assistant
Minister has made a convincing case as to why the ratification should be extended. But it is
important, in principle, that the States should have the opportunity to express a view. The proposition
would not be difficult to draft. I can draft it for the Minister now. The States are asked whether they
are of opinion to approve the extension of the U.K.’s ratifications of the Patent Cooperation Treaty
and the Geneva Act 1999. It is as simple as that. The treaties can be appended to the report and
Members can then do their job. There is no reason why this should not be done and there are many
reasons, and I have given only one, why it should be done. So I ask the Assistant Minister to pass on
that request to the Minister.
First, I would like to thank the Assistant Minister and officers for the briefing Members received
recently on the matter. Since we are talking in the principles and the Assistant Minister spoke on the
principles of intellectual property, I hope you will allow Members to likewise reflect on the principles
of these regulations before Second Reading. I have pulled out a couple of definitions of intellectual
property, but all of them agree that the principle of I.P. (intellectual property), and modern I.P. as it
is, is to grant monopolies over ideas or thoughts. One that is a quote found within a publication of
the Jersey Law Review defines intellectual property as: “A system of legal rights which governs a
world of products of the mind, ideas and expressions of human creativity. It is about the control and
use of such ideas and product of human creativity in all its manifestations, ranging from technical
inventions in every field of science and technology through to the ingenuity of traders in improving
their position in any market and the works of artists and performers in all fields of the arts.” I think
when we are now debating the control of the freedom of creativity and the application of one’s ability,
we should not take it lightly and we should consider all arguments. The first one we should be
considering is why do we have, in this case, patents and, to an extent, designs that can be protected?
The common argument, and the one that I will focus on, is that to create an industry of innovation
and to create the change in a modern economy, we require the protection and monopolisation of
invention to pursue continued investment in research and development. Indeed, this is the one
Deputy Scott opened on as a virtue. But I would like to provide context to the other side of intellectual
property, because these regulations directly affect those freedoms. I recommend anybody - and I will
not spend too long on this - interested in this to read the 2008 book Against Intellectual Monopoly,
which is a wonderful study into the myths around intellectual property and, to a great extent, patents,
the purposes they are proposed for and the reasons we do not need them necessarily in the form they
come. But the argument is, quite simply, that innovation will always happen with or without a patent
because so much more than just intellectual monopoly is what grants an inventor a prosperous future.
It is a first mover in a market. It is the fact that they have the expertise and skills. The first chapter
of that book references a case of an early example of patenting in the Industrial Revolution, which is
that of James Watt and his version of the steam engine. The book details a history in the 20 years,
10 years, and then up to actually about 50 years preceding their invention of a steam engine that was
finally sufficient in its power generation to provide meaningful, productive use. While one might
think the invention of this kind of engine would create far greater innovation, it was actually the
patenting of this and the prohibitive nature of the use of that patent and the licensing of that patent
that slowed down innovation within the steam engine for many years. So it should not be taken that
it is in a world of patents that innovation thrives. I think we should worry in particular around these
or take concern, at least, because patent law and its jurisdiction has continued to change over the last
century, largely through the interpretation and rulings of courts in a way that has led their application
greater than it has been by that of legislators and legislation. For example, it was not until 1981 that
the U.S. (United States) permitted any form of patenting of software but was a rapid innovation in
software up until then. How that is possible without patents is a classic example. There are countless
others to give. The reason that is quite important is because carrying on from the Jersey Law Review
paper, it said a common feature of intellectual property rights is that they are recognised worldwide
and are subject to a significant degree of international harmonisation.
[16:45]
What that means, and our law already inherits predominantly from the 1977 Patent Act of the U.K.,
is that the way Jersey’s individual’s and businesses’ freedoms to apply invention and creativity are
subject to that of other courts and other legislations, increasingly so. Just as Deputy Bailhache just
highlighted, agreeing to obligations of treaties requires us to then implement laws and legislation in
ways that we may not see befitting of our jurisdiction, patents being an incredibly, as described,
harmonised area of legislation. I just want to give a couple more examples while we are on this about
where the myths need to be dispelled, or at least a challenge in future revisions needs to come. I took
from page 80 of Against Intellectual Monopoly a few quotes in the tech sector, which I know was
referenced. The first comes from a comment back from an Intel V.P. (vice-president) or similar, who
said: “We have 10,000 patents.” It is an awful lot of patents. Would I be happy with 1,000 rather
than 10,000? Yes, provided the rest of the world did the same thing. Then a quote from the I.P.
strategy of IBM says: “Even though we have 3,000 patents awarded annually in America, if we had
to I could make that number 10,000.” Then a summary of the increased and the prolific patenting at
Microsoft comes from a description of the time it faced both anti-trust suits but also the need to pay
hundreds of millions of dollars in damages for patent infringement. Those who look at the patent
landscape of technology will find many of the monopolies and the largest technology players patent
not for true innovation but for trade-offs so that they have equal assets to trade against a competing
company in intellectual property, thus that they describe their own patent position as negated and,
therefore, no costs are applied. Moving on to what these regulations do, and these might sound like
grand comments to have on the amendment of regulations around the Patents Law and the P.C.T.
But, in short, my understanding is these regulations would mean that patents registered in the U.K.
under a P.C.T. application would automatically be registered in Jersey. Currently we have heard that
patents registered in the U.K. can be re-registered in Jersey and the Assistant Minister described as
to the report that there is as such no substantive examination of the content of that. While this may
be the case by the Government, the current law says that the active registration does place it i n the
spotlight of the public. I will try to avoid the positions on exact regulations. But the thrust of this is,
if we have to come to that Second Reading: ‘When patents are submitted or re-registered in Jersey
from a U.K. registration they must be published by the Judicial Greffe for 8 days and there is a period
of 2 months for any party who opposes or objects to that to report to the Royal Court on whether that
patent should not be applied. Importantly, the reason being that the invention so far as claimed in
any claim of the complete specification has been manufactured, used or sold in Jersey before the date
which is a priority date of that claim.’ In essence, saying we keep within our secondary registration
system of the Patents Law the ability to protect innovators in Jersey who have chosen not to patent
work but not to be subject to patents upon them if they were the initial inventor. It is of course, I
think, a concern if we want to think about ourselves as innovators and not just a financial services
industry, that we could be undermining our own innovators. Because as one moves into the
regulations they will note that all Articles regarding the objection and opposition of Jersey re-
registration of patents do not apply to one registered under Article 7B, which is the P.C.T. I am
trying to avoid talking too much on individual regulations in the principles but the challenge here is
we are fundamentally talking about a time and an early move in intellectual property that takes us
further away from the control of our own application of where and when it should be applied and
who should be granted permission. Jersey makes very clear a provision in many of its I.P. rights,
including that of plant variety rights, a 2016 law, to compulsory licences. The P.V.R. (Plant Varieties
Rights) Law also talks about the ability to exempt the requirement to pay a fee for small farmers; that
is for plant variety rights. We have chosen within the treaty, that is the U.P.O.V. (International Union
for the Protection of New Varieties of Plants) Treaty, to re-implement laws with our own context to
take into account the Ministerial system, the ability to add orders and schedules. Yet here we are
proposing to further remove the ability for the Jersey legislature to, in essence, have a say in the
courts and delegate that away; that might be what we want to make. The case, I do not think, has
been clearly put. The last question on the principles, and I think we have to ask, is what do these
changes seek to support and to promote? Is it purely the patent industry that Jersey already has and
wants to grow? That is the management and operation of patents and intellectual property, in essence,
an extension to the financial services industry or is it the creator, the engineer and the inventor in
Jersey who sees a problem and wants to solve it? This asks larger questions on the principles: is
Jersey too small to have a say in any part of the world of intellectual property? Should that stop us
trying? But what I would ask, hearing the Assistant Minister is keen on changing larger amounts of
intellectual property, is that as we look forward I believe this Assembly needs to give it greater
scrutiny, not less, and that our vision for patents and I.P. is one that favours innovation and the
delivery of new ideas, not the protection against building on them and that we look forward and not
backward.
First of all, I am going to be much briefer than the previous speaker but can I thank Deputy Alex
Curtis for perhaps being the one who has put the intellectual in the intellectual property debate today?
I cannot say that I understood everything that he said but that is a reflection on me and not him, and
I would look forward to perhaps getting that reference again for the book that he has been reading in
this area. I think it is an interesting area. Before I maybe address the panel’s comments, I think we
are in a brave new world in some areas of intellectual property and we simply have to look at what
is happening just in the music industry where A.I., I think, is providing some very interesting
opportunities but also challenges to the orthodoxy perhaps of creativity. Certainly, I think there are
going to be, potentially, big winners and losers in that area when we think about the ability of A.I.
on its own bat to create authentic-sounding songs from already established artists that exist. No doubt
of course there will be some lawyers also who will do very well out of the changing landscape, I am
sure. Insofar as our panel has looked at this, we were made aware of the forthcoming changes as far
back as April 2024 and where we had a briefing on what was coming through. We subsequently also
touched on the legislation in our quarterly hearings with the Minister for External Relations.
Ultimately, the panel agrees that it is sensible to seek further inclusion within the beneficial treaties
concerning intellectual property. The draft law has been brought forward for debate to allow such
inclusion and the panel has been informed that the relevant U.K. authorities at this stage have not
raised any concerns that would preclude the extension of the P.C.T. or the Hague Agreement should
the draft regulation be adopted. The panel is, therefore, minded to support the draft regulations as
proposed. We would probably at this point highlight that this will be an area that we will continue
to monitor and scrutinise as necessary. We have identified 3 potential areas that we will continue to
scrutinise in this regard. One would be the success of the extension of the relevant treaties. The
second would be the digitalisation of the registration systems and the third would be the progression
of a system of primary trademark registration in Jersey. Those are all the comments I have for the
time being.
I am grateful to be able to address the Assistant Minister for External Relations, who is bringing this
legislation before Members. I would like to thank her most warmly and her officers for a very clear
and very useful presentation when they were kind enough to spend time with Members and explain
so that we could ask or answer questions. There have been some interesting remarks made by
Members and I am afraid I did not hear every word of the proposer’s opening speech. However, I
would like to just underline that the States of Jersey, we as an Assembly, are late in bringing forward
reforms to our intellectual property and patents arrangements. It was with some regret that the
Government led by Deputy Moore, of which I was the Minister for External Relations, had such
difficulties in being able to work with our Guernsey and Isle of Man counterparts when we were
dealing with the free trade agreement, which I know has been subject in my time, which was the free
trade agreement known as C.P.T.P.P. (Comprehensive and Progressive Agreement for Trans-Pacific
Partners), the Trans-Pacific Partnership Agreement, which is basically all the growing bits of the
world, including Canada, Singapore, Asia and all the rest of it but not the United States. At the heart
of it the problem we found was that the last Minister for Economic Development, Tourism, Sport and
Culture in not the Moore Government, the one before that, had simply not dealt with this issue. I am
immensely pleased that the current Council of Ministers led by the Assistant Minister, who is jointly
Economic Development and External Relations, I think she thought she was going to be a Minister
for Sustainable Economic Development but she is External Relations and this is firmly within the
External Relations camp. As for reasons that I will come on to and which Deputy Bailhache has
alluded to, this is a global set of principles, and it really matters. It really matters that the Assembly
has given the External Relations Department the resources and it is important that there is a driving
force in the body of Deputy Scott, the Assistant Minister, who is really driving and meeting those
targets to get this legislation and all of the related treaties and agreements across the line. They are
important because without which we cannot have free trade agreements because we are going to be
excluded from them. We are already late because we did not do it and the problem was that the
Guernsey and Manx Assemblies, Parliaments if you like, they passed their intellectual property and
then the U.K. found some excuse, if I may say, that the Crown Dependencies were not all on the
same page and so Guernsey and the Isle of Man were let down by having passed their intellectual
property and patents laws arrangements and then being found that they could not be part of that
C.P.T.P.P. of trade agreement, and that was a shame. But we backed them and we said we would
catch up, and I am delighted that we are catching up, of which this is a small part of it. I am well
aware that there are some that will say that intellectual property creates monopolies and creates
disadvantages. I am well aware that even articles and newspapers, such as The Economist, have
argued that there is a need for reform of the international T.R.I.P.S. (Trade-Related Aspects of
Intellectual Property Rights) agreements and all of these details which we are going to go on to
discuss and replicate into Jersey law. There is an argument about the impact on public health. There
are lessons to be learnt post-COVID about patents for medicines and drugs. There are issues, as the
chair of the Scrutiny Panel so rightly pointed out, as Deputy Curtis said, about the acceleration of
technology and intellectual property, which is now advancing at such speed and it has to be a matter
for the global bodies, such as the T.R.I.P.S. oversight body, the World Trade Organization and those
other global bodies, to deal with a massively changing and faster-moving world. Yes, it is right that
patents perhaps that were fine a few years ago maybe need to have a shorter life. But what I would
say to Members most respectfully is that, as the late great Colin Powell wrote in his book, he said
and made the observation that matters that are of economic interest of Jersey are not decided here.
All we can do is we can seek an opportunity or seek to avoid a problem ourselves. We have very
little say. As much as we like to talk about Jersey and as proud as we are as Jersey men and women,
we are but a speck, we are but a tiny jurisdiction and we have to be realistic. What I would say in
that context is research and development gets brilliant ideas. On the radio this morning there was
talk about the latest technology from a well-known telephone brand or maybe it is not telephone, it
is other things as well, that is named after a fruit.
[17:00]
I think Members can know what that is I heard that they spent 100 billion in terms of research and
development. We are not that kind of jurisdiction, except if we have some brilliant person inventing
something fantastic that is realistically going to have the scale of universities and inventors that other
places do. But what we can do is that we can have a good and useful and reputable add-on to our
existent trade in services business. We can provide the services to those intellectual property
providers and owners in terms of the digital industry in the digital sector and add it on to our
professional services, and that is where really I see what the opportunity is. I respect absolutely the
observations that Deputy Curtis made. He may well be right about some of the monopolistic, I do
not like monopolies, he does not clearly either. But I say to him most respectfully I do not think we
can change the rules but we can go and talk to the W.I.P.O. (World Intellectual Property
Organization) if we want. What I would like to say, if I may, concerning Deputy Bailhache, I was
not here when that debate on the requirement of bringing all international treaties to the Assembly
was made. What I would suggest constructively is very much along the lines of what he described.
We had an earlier debate about tier 1 and tier 2 statistics. Maybe there is a tier 1 and tier 2 type of
treaties, there are treaties which are just, frankly, to most Members no brainers. I would suggest that,
as the Deputy has rightly said, it requires a very quick proposition, maybe appended to an existing
piece of regulation that makes absolutely common sense to adopt. There is no disadvantage for
Jersey. If it was the Minister for Financial Services standing here they would say this is all about
global standards and it is. It is about a global standard of which we really have absolutely no say in
but we can take advantage of. But the most important thing, if we do not comply we cannot get the
trade deals which boost our economy locally for trade in services and that is what this is really about.
I agree with Deputy Bailhache, let us have a quick summarised straightforward explanation of these
important treaties and agreement that this particular regulation needs to have. In fact, maybe the
Assistant Minister can persuade her Minister to lodge a proposition to get a list of all of the treaties
that are required for international compliance to T.R.I.P.S. and we can have a look at them. Scrutiny
can have a look at them. We can preapprove them because they are obvious. Then when it comes to
the treaties that Deputy Bailhache is particularly interested in, and there are certainly some I am, like
the International Labour Organization law and others, which do have an access in Jersey, we can
concentrate our minds on that. In those remarks, I warmly thank and recognise the Assistant Minister
for her work. It is impressive that she is here today doing this work. It is on target, from what I
remember in my term of office. I thank also the officers and the law officers and all those that have
got what is the original I.P. legislation and was known as the doorstop legislation. They were so
thick I think that some Members used it as a doorstop, a thing to stop their doors opening because it
was so thick. I do not know how many people read it. I have read it, unlike this it is not a doorstop
and I congratulate the Minister and will be supporting all of it and I have not got any questions.
9.1.5Deputy M.E. Millar of St. John, St. Lawrence and Trinity:
Elaine Millar(Deputy M.E. Millar of St. John, St. Lawrence and Trinity)
I am also going to speak in my capacity today as Assistant Minister for External Relations.
Principally I am going to respond to Deputy Bailhache’s comments. I really would like to emphasise
to Members that today’s debate is focused solely on the draft regulations being proposed by Deputy
Scott and not on the extension of the treaties referenced in those regulations. Deputy Scott has set
out the rationale for the regulations from the perspective of enhancing Jersey’s intellectual property
regime, which I fully support and which I believe is long overdue. Adopting the proposed regulations
would, however, make Jersey compliant with the reference to international conventions which may
be extended to Jersey in the future. Treaty extension is governed by a separate process which is
overseen by the Minister for External Relations and this is not what is being asked of the Assembly
today. I understand that the Minister for External Relations has discussed this matter with the
Legislation Advisory Panel in reference to that panel’s work on P.6/2023 and has committed that he
will not seek the extension of the treaties referenced in the draft regulations before further
engagement takes place with the L.A.P. and also with the officers. The Minister confirmed that to
Deputy Bailhache by email on Friday that he would not take forward, he would not seek to extend
the treaty until that work and those discussions has taken place. A final decision has not yet been
made regarding the extension of the treaties, given that this will be subject to such further discussion.
Clearly, the Government is supportive of seeking the extension of the treaties as part of the work to
modernise Jersey’s I.P. regime. I am sure that Deputy Scott will be working closely with the Minister
to confirm possible timescales for the extensions, subject to those further discussions with the
Legislation Advisory Panel and others. I am somewhat disappointed on the Minister’s behalf that
there is an implication that the Minister is seeking to circumvent the Assembly in bringing these
regulations without also presenting the key treaties for ratification by the Assembly. I do not believe
that was the Minister’s intention and I do not agree with that implication. The Minister for External
Relations has committed to further discussions with the L.A.P. and other key stakeholders before the
request would be made to extend the relevant treaties. Today’s date, again I emphasise this, is about
our domestic I.P. regime and the proposed changes to it. I agree with Deputy Ozouf that this is a
matter that we should not delay further because the 2 points are vastly different. While I am clear
that today’s date is not a discussion about the extension of the treaties in question, I think it does refer
to P.6/2023. I understand that there had been a significant number of meetings over recent months
with the Minister, External Relations officials, the L.A.P. and the L.O.D. (Law Officers’ Department)
and that there are a range of practical and reputational issues with the premise of P.6/2023. These
include real concerns over practicality and reputational matters, and I believe the Solicitor General
has also expressed some concerns about that. There is clearly a significant amount of work that still
has to be done on P.6/2023. I am not sure if the Solicitor General wishes to make a comment or
would like to ask a question, no. But there is considerable work ongoing. It is a bit of a ‘Who Wants
to be a Millionaire?’ moment going on there. There is considerable work going on and there is no
intention to pull the wool over anybody’s eyes. I was not intending to respond to Deputy Curtis’s
comments, intellectual property is an incredibly complex area. Deputy Curtis has read a book, which
seems to suggest it is not working adequately, does not support innovation and creativity. I am sure
there are very many books saying completely the opposite. I was at a talk at lunchtime suggesting
that patents are in fact time limited and suggesting in fact that in the global pharm industry as patents
run out there is a cliff edge which will cost the pharmaceutical industry worldwide tens if not
hundreds of billions in lost revenue. Without patents we will not see significant production of new
drugs. It is important that the vast amount of research and development that goes into producing
drugs for the market that we can all benefit do need patent protection for numerous reasons. I agree
with virtually everything Deputy Ozouf said, both in terms of the necessity for these regulations for
us to participate in the C.P.T.P.P., which will give us access to some of the world’s most dynamic
economies and to one of its largest trading blocks. That concludes my remarks, but I would
encourage Members to support these regulations.
I was not going to speak on this but I have been prompted by some of the comments I have heard. I
have personally and with U.K. patent attorneys filed numerous patents. It is an essential part of
business, especially when you have many investors involved. I completely support this draft law.
But would just like to point out that it probably should have been done a lot sooner. I filed a P.C.T.
myself about 10 years ago. While I am pleased to see this draft law progress, as a member of L.A.P.
I would also like to say I totally support Deputy Bailhache’s comments about States Assembly
consideration of the international treaties. I do hope this States decision from February 2023 will be
progressed too. But just to conclude, I do support this draft Patents Law.
Sir Timothy Le Cocq(The Bailiff)
Does any other Member wish to speak on the principles? If no other Member wishes to speak on the
principles, I close the debate and call upon Deputy Scott to respond.
I thank the various Members for their comments on the proposition, which I will just go through in
turn briefly. First of all, Deputy Bailhache, he brought up this subject of P.6/2023 in relation to the
extension of treaties generally. That was in the context of the debate of a bilateral treaty to accede, I
believe, to the U.A.E. (United Arab Emirates), for which Deputy Bailhache brought an amendment
seeking States approval of treaties generally. I believe in fact I supported that. I am very supportive
of the principle that the States Assembly should know what it is buying into. What I find a little
confusing or hard to understand in this particular case is that the report for the proposition contains
links to these treaties. I am not hiding anything; they are out there. I believe that the general purpose
of the Deputy’s amendment was to allow scrutiny of the treaties that may be extended. I do believe
there has been not only the opportunity for scrutiny but also there has been scrutiny. But I do very
much want to reemphasise what Deputy Millar has said, what was said in my own speech, that there
is an ongoing discussion going on with the Legislation Advisory Panel regarding exactly how P.6
can be implemented practically and to give effect to its full intention, while just being mindful of
some of the other considerations that need to be brought into account with different types of treaties.
But these are very simple ... well, I will not say simple but they certainly are treaties that are already
out there. They have been provided and these regulations are part of a process, not only to enable
those to be extended to the Island but they do serve as a springboard for the extension of other treaties
to the Island. I urge the States Assembly not to drag its feet in this area. Just coming back to the
Deputy, I have explained the links to the treaty provided. I will, however, pass on Deputy Bailhache’s
request to the Minister, as requested. There are more opportunities for the Legislation Advisory
Panel to discuss this matter with the Minister and to pursue some of the questions that might arise.
Then we had Deputy Curtis. I think the discussion became somewhat esoteric there but I do accept
that no system is perfect. I will also point out that 157 countries have these treaties extended to them.
[17:15]
They participate in this for the reason of protecting their economies, of protecting people who are
creating new inventions. I was a bit troubled by this idea that there is almost a suggestion there
should be no protection for people who invest time and money in developing ideas because maybe
that is fine if you are someone very wealthy. But I think there is a possible basis for inequity there.
But the other point that he raised was in relation to the lack of a primary registry being set up in this
particular area here. I did explain in my speech why that is. Also, in the briefing that was offered to
Members, I did emphasise that in an ideal world I would like to see this Island generating lots of
intellectual property, which would support our economy, which would support our community and
many of our ambitions. We are just simply not at that stage yet and it just is not really financially
feasible for us to be setting up a primary registry at this stage. As a practical matter, we do not have
the resourcing at the moment to have officers even checking the very detailed content of things like
patents at the moment. There is a certain extent to which there is reliance on resourcing in the U.K.
already. Deputy Ozouf, I very much thank him for his contribution to the debate and in fact for
perhaps answering a lot of questions for me. He was not though here at the beginning of my speech
in which I thanked him for initiating early work, so thank you for initiating this work. Let us be clear,
there has been a certain amount of scrutiny of all this already insofar as the funding was part of a
budget plan of the Government Plan previously that was scrutinised. The point is well made that,
again, coming to our own ability to trade, this is one of the many obstacles that we have to overcome
in order to even engage internationally. I, again, say that while the Legislation Advisory Panel and
the Minister for External Relations continue their discussions on this, which I agree are highly
desirable, please, do not let this get in the way of approving these treaties, which relate to our
domestic economy and our ability to start improving our economic situation. Then I have Deputy
Millar again, thank you very much for your contribution and indeed which I hope have clarified the
Minister for External Relations’ position. Deputy Catherine Curtis, again, thank you for sharing your
experience. I agree, I think our positions are quite aligned therein. Thank you, Deputy Catherine
Curtis, for her support too. At this point I have the opportunity also to thank the government officers
who have worked on these draft regulations. To be honest, they have had a certain amount of scrutiny
from myself, as you would expect. I reiterate my thanks to the Economic and International Affairs
Panel for their support, not only for the draft regulations and subsequent moves towards the treaty
extension but also for the wider intellectual property modernisation programme. I do hope that the
States Assembly will also be giving support to those pieces of work. I ask the Assembly to support
the principles of this piece of legislation now.
The appel is called for, I invite Members to return to their seats. The vote is on the principles. I ask
the Greffier to open the voting and Members to vote.
POUR: 44 CONTRE: 0ABSTAIN: 0
Connétable of St. Brelade
Connétable of Trinity
Connétable of St. Peter
Connétable of St. Martin
Connétable of St. John
Connétable of St. Clement
Connétable of Grouville
Connétable of St. Ouen
Connétable of St. Mary
Connétable of St. Saviour
Deputy C.F. Labey
Deputy M. Tadier
Deputy S.G. Luce
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 (H)
Deputy L.J. Farnham
Deputy S.Y. Mézec
Deputy P.F.C. Ozouf
Deputy Sir P.M. Bailhache
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 R.E. Binet
Deputy H.L. Jeune
Deputy M.E. Millar
Deputy A. Howell
Deputy T.J.A. Binet
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
Sir Timothy Le Cocq(The Bailiff)
I take it from what has been said that the Scrutiny Panel does not wish to call the matter in.
Are they seconded en bloc? [Seconded] Does any Member wish to speak in Second Reading? Those
in favour of adopting ... the appel is called for and I see Members already in their seats. [Laughter]
I ask the Greffier to open the voting.
POUR: 43 CONTRE: 1ABSTAIN
Connétable of St. Brelade Deputy A.F. Curtis
Connétable of Trinity
Connétable of St. Peter
Connétable of St. Martin
Connétable of St. John
Connétable of St. Clement
Connétable of Grouville
Connétable of St. Ouen
Connétable of St. Mary
Connétable of St. Saviour
Deputy C.F. Labey
Deputy S.G. Luce
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 (H)
Deputy L.J. Farnham
Deputy S.Y. Mézec
Deputy P.F.C. Ozouf
Deputy Sir P.M. Bailhache
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 R.E. Binet
Deputy H.L. Jeune
Deputy M.E. Millar
Deputy A. Howell
Deputy T.J.A. Binet
Deputy M.R. Ferey
Deputy R.S. Kovacs
Deputy B. Ward
Deputy K.M. Wilson
Deputy L.K.F. Stephenson
Deputy M.B. Andrews
I really mean the congratulations of the Assistant Minister on this. I wonder in this Third Reading
whether or not she would be willing also to set out the timetable of the rest of this legislation in very
brief terms. Because this is one of a number of pieces of the legislation which had come forward. It
is a big piece of work and a timetable of what is going to be required may be helpful in the context
now of this Third Reading and getting this one over the line, which I am so pleased about.
Sir Timothy Le Cocq(The Bailiff)
Does any other Member wish to speak in Third Reading? If no other Member wishes to speak in
Third Reading, I call on Deputy Scott to respond.
I thank the Assembly for its support so far. As Members already know, there are substantial changes
to be made with regards to our trademark legislation as well. As we look to move to a system of
primary registration from the current system of secondary registration, and it was supported in the
recent public consultation which ran earlier this year, to this effect our intention is to bring draft
legislation to the Assembly which sets out the powers of the registry, along with other supporting
subordinated legislation to transition to this primary system of registration of trademarks. Generally,
this and some other minor legislative amendments are being advanced as soon as possible. To some
extent, we have to liaise with the U.K. in this, so we cannot give a definitive timetable. It certainly
is the intention to have all this presented to the States Assembly within this term. Again, I very much
would appreciate the support that they can give and their scrutiny and any questions in the meantime.
In the meantime, I ask for the vote for this Third Reading.
Very well, the appel is called for and I ask the Greffier to open the voting.
POUR: 44 CONTRE: 0ABSTAIN: 0
Connétable of St. Brelade
Connétable of Trinity
Connétable of St. Peter
Connétable of St. Martin
Connétable of St. John
Connétable of St. Clement
Connétable of Grouville
Connétable of St. Ouen
Connétable of St. Mary
Connétable of St. Saviour
Deputy C.F. Labey
Deputy M. Tadier
Deputy S.G. Luce
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 (H)
Deputy L.J. Farnham
Deputy S.Y. Mézec
Deputy P.F.C. Ozouf
Deputy Sir P.M. Bailhache
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 R.E. Binet
Deputy H.L. Jeune
Deputy M.E. Millar
Deputy A. Howell
Deputy T.J.A. Binet
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
Sir Timothy Le Cocq(The Bailiff)
In about 3 minutes I am required to ask Members whether they wish to continue or whether they wish
to adjourn. Members will remember that there are 3 items of Public Business; the Financial Services
(Disclosure and Provision of Information), the Comptroller and Auditor General: Appointment of
Member and the Jersey Police Complaints Authority, appointment of a member. Is the adjournment
proposed? Deputy Tadier, do you have a point of order that you wish to raise?
It is not a point of order, Sir, it is that I wanted to speak on this because I am involved in the next
item and before some other Member perhaps proposes that we stay on and finish business tonight, I
think it is important that we ... I think there are a couple of reasons we need to come back tomorrow.
I think P.49 is quite a heavyweight item. It is going to be not just of importance to Jersey but there
will be lots of people watching this. I think it is important that we have a proper debate about it. I
also wanted to just highlight the fact that the comments paper that our panel has issued is not linking
and is not appearing on the Order Paper. I think that is a problem for anyone who is trying to follow
and click on the Order Paper and be able to read our comments, if they have not read them up until
now. I do not know if that could be resolved overnight.
Sir Timothy Le Cocq(The Bailiff)
Deputy, I am assuming by your intervention you are proposing the adjournment.
The adjournment is proposed. Is it seconded? [Seconded] Does anyone wish to speak on the
adjournment? Very well, the Assembly stands adjourned until 9.30 a.m. tomorrow morning.
ADJOURNMENT
[17:28]
ADJOURNMENT
No contributions recorded for this item.
[9:30] The Roll was called and the Greffier of the States led the Assembly in Prayer. COMMUNICATIONS BY THE PRESIDING OFFICER The Bailiff: There are no communications under A. QUESTIONS 1. Written Questions 1.1 Deputy J. Renouf of St. Brelade of the Minister for Health and Social Services regarding contracts Health and Community Services has entered into with charitable or other third sector organisations (WQ 256/2024) Question “Will the Minister provide details for each of the last three years of all contracts Health and Community Services has entered into with charitable or other third sector organisations, including – (a) the names of the contracted organisations; (b) the start date for each contract and its duration; (c) what product or service each contract provides; (d) the contract price for each product or service; (e) the tendering process followed for each contract; and (f) what evaluation is undertaken on the quality and value for money of each contract?” Answer Health and community services have contracts with several charitable and third sector organisations*. Please see below table for corresponding answers: Question Question (b) Question (c) Question (e) (a) 2021 2022