Wednesday 27 March 2019
General Update
In respect of Brexit, Members will be aware that the process of the UK leaving the EU continues to evolve. I don't intend to give a lengthy statement on Guernsey's preparations and response to Brexit here, not least as I updated this Assembly at the January Meeting.
We continue to do all we reasonably can to plan for - and mitigate - any changes that might result from the UK's departure from the EU, on whatever terms and date that that turns out to be.
Sir, we have worked with a 'No Deal' Brexit as one possible scenario since the EU referendum, and along with other Committees of the States we are in now in a position where our plans are well developed, and we are prepared. We have tested these plans and looked closely at our supply lines.
Whilst there may be disruption and a decrease in choice we do not expect any shortages of food, fuel or medicines. We have published information online and continue to engage actively with our community.
The Assembly has made it clear that it supports the objective of extending the UK's membership of the Word Trade Organization to Guernsey, and that work is continuing. These are complex negotiations that will set a framework for our future economic partnerships, so it is critical that we get it right.
We still seek confirmation of that extension before the UK leaves the EU, but any delay beyond that is unlikely to create any practical issues.
Following our decision to extend the territorial seas, the UK Government has confirmed that it will be enacting that as soon as practicable, and by the beginning of July at the latest. The necessary Order in Council is currently being discussed with the UK.
Brexit-related matters will impact on the progression of other areas of work.
One such area is the strategic review of the Island's population management approach. The Policy & Resources Committee and the Committee for Home Affairs have not yet come to a joint view in respect of the review. In addition, developments in relation to Brexit may have an impact on how we approach population management in Guernsey in the future, and so the review panel is also considering the impact of Brexit on the population management approach.
While the review has completed much work to date, it is important to also reflect on the impact of Brexit in due course. With that in mind, the panel has agreed that it will not bring its review back to the States until after the summer, and after the Brexit outcome is clearer.
In respect of beneficial ownership and more specifically the proposed amendment to the UK Financial Services Bill proposed by two UK Members of Parliament, we continue to make a clear and compelling case that the UK cannot legislate for us on any matter without our consent - a point that is well understood by the UK government.
This move by UK backbenchers would be a clear contravention of the constitutional precedent. Moreover it is also wholly unnecessary in the context of our robust existing approach to the retention and sharing of beneficial ownership information. We already meet international standards and share information on a basis that is acceptable to the National Crime Agency to a level to protect national security.
We are continuing to engage with UK MPs on this matter before the Amendment returns to the House of Commons. It is a fact that we have the same policy objective as these MPs in terms of tackling financial crime and tax fraud that which makes the policy aspect of the proposed Amendment so disagreeable. We are working closely with counterparts in Jersey and the Isle of Man.
Given the constitutional issues this has raised, we also continue to look at ways in which we can ensure we have robust defences to this sort of threat, and a policy letter will be debated at this meeting on one of these measures.
Sir, Guernsey's commitment to meeting international standards was demonstrated earlier this month. On 12 March we welcomed the European Council of Finance Ministers reaffirming its view that Guernsey is a cooperative jurisdiction with respect to tax good governance.
This follows a year of close working with the EU, with Jersey and the Isle of Man, and in consultation with industry. We remain committed to ongoing co-operation and dialogue with the EU institutions. We also stand ready help other jurisdictions, including any relevant EU Member States, develop and implement the economic substance requirements that we have in place, and as a jurisdiction we remain actively committed to the OECD's anti-Base Erosion and Profit Shifting Action Plan.
Sir, there is of course an interconnection between our external relations work and our domestic policy agenda. One of those areas is of course the extension of the United Nations Convention on the Rights of the Child, which as an objective of the Children and Young People' Plan.
This is an important objective, and the Committee is very pleased to advise the Assembly that the complex work on demonstrating compliance to the article of the Convention has been completed, and the relevant documentation has been shared with the UK Government. We are now fully expectant of that UN Convention being extended to Guernsey, though we do not yet have a date.
Another significant development in relation to social policy was the launch of the matrimonial causes public consultation earlier this month, following on from the States' decision to simplify and make more inclusive the Marriage Law. This further consultation seeks views on the Policy & Resources Committee's preferred option of 'no fault' divorce, amongst other reforms to modernise, make more inclusive and simplify the law. The proposals will overall help to reduce conflict, improve outcomes for all parties including children and protect vulnerable parties. They will also ensure that the law can be applied to all forms of marriage. The consultation closes 28th April.
As part of the Health and Social Care (Partnership of Purpose) Policy debate in December 2017, the States resolved to undertake a review of nurses and allied health professionals terms and conditions.
Although the States resolution focused on 'nursing and midwifery professionals' further discussion with Health & Social Care and the unions resolved that a review should encompass all Agenda for Change bands (the pay scale for the majority of health care workers) to ensure a rounded review that does not create anomalies for the future.
The review was completed on schedule in December 2018. The review was facilitated using internal resources. Policy & Resources and Health & Social Care are currently finalising an action plan based on a series of recommendations within that report. Engagement is taking place with the relevant unions as part of preparing the plan which will be circulated to stakeholders in due course.
Sir, the Policy & Resources Committee has responded to a number of Rule 14 questions from Deputy Gollop in respect of process on the transfer of the jurisdiction of the probate service from the Ecclesiastical Court to the Royal Court.
The responses to those questions confirm that the Policy & Resources Committee agreed with the Dean of Guernsey in June 2018 to the establishment of a working group, to include the Dean together with representatives from Ecclesiastical Court and the Royal Court as well as the Probate Service to explore how the proposal to transfer the customary jurisdiction for probate could be implemented.
This group has now met on three occasions, and work is ongoing to consider the jurisdictional, legal and practical issues involved in the proposal to transfer the jurisdiction to the Royal Court. As a result of this process, a policy letter is currently being prepared.
There remains further work to be undertaken, including consultation with stakeholders, including the States of Alderney and the Chief Pleas in Sark.
Following this consultation, the Committee will be in a position to make recommendations in its policy letter to be submitted to the States of Deliberation for consideration in the second or third quarter of this year with a view to effecting the transfer of the jurisdiction with effect from 1 January 2020.
Sir, I also wish to provide a brief update on the establishment of the social investment commission.
The commission, agreed by the Assembly as part of the Budget in autumn 2018, will invest public funds in the charitable and third sector. It will work in partnership with charities, helping them apply for funds, and encouraging public services to work with them more closely through commissioning and partnering models. Funding will be drawn from areas such as lottery proceeds, dormant bank accounts and escheated assets.
The commission will play a critical role in building the capacity of the third sector, which itself plays a critical role in the wellbeing of our community.
I do want to take the opportunity to thank those in third sector who undertake that work, much of which is done on a voluntary basis.
I also with to thank three members of the social investment commission that the Policy & Resources Committee has appointed. Jurat Stephen Jones OBE as Chairman, the Very Revd Tim Barker and Susie Crowder who have been appointed as members of the shadow board in order to assist in establishing it.
The Policy & Resources Committee will bring a policy letter to the Assembly after the summer that sets out a clearly defined terms of reference, governance structure and process for securing funding.
The Policy & Resources Committee also provides the political oversight role for the work on public service reform that is led by the Chief Executive of the States and his senior leadership team.
One of the most important components of delivering the changes set out in the 10-year plan for public service reform is the delivery of enhanced technology - it will support our community in providing more accessible and flexible public services.
Deputy Le Tocq and I have been meeting with Committees and their Presidents to discuss progress in relation to the Future Digital Services work, and a policy letter will be brought to the Assembly in June.
The public service reform work also includes the ongoing rationalisation of the States' considerable estates footprint. I am pleased to advise that details of further rationalisation of a number of properties will be released shortly.
Finally I want to add that the public service reform work also has an objective of providing more enhanced support for government, and that includes the needs of Deputies. The Policy & Resources Committee and the Chief Executive have discussed how we can achieve that, and we will work closely with the States Assembly & Constitution Committee in that respect.
We all recognise that continuing professional development and pastoral care are important for those who serve our community in order to ensure we do so in the most effective way - particularly when as a government and community we face so many challenges.
Thank you.
