With the Island making plans to ramp up mass testing of frontline staff, which is likely to identify more cases of the virus, Environment Minister John Young asked States Members for regulations for the care sector to be relaxed should significant numbers of staff be forced to isolate and unable to work.
The move, which was backed by States Members at the third reading stage by 38 votes to seven, reinstates similar temporary arrangements, which were introduced at the start of the lockdown in March and repealed on 30 September.
The Care Commission, which regulates the sector, will be allowed to waive
certain employment requirements for up to a month at any stage up to 30 April
2021.
The report accompanying the proposals stated that the scheme would allow the Care Commission to suspend certain conditions on service providers, providing it was ‘reasonable and proportionate to do so’.
‘Provisions will also allow the commission to disapply regulations which require workers to be suitably qualified in circumstances when staff are unavailable because they are suffering with, or are required to self-isolate because of, Covid-19 and inexperienced, under-qualified staff are required to step in,’ the report stated.
Deputy Young said that restrictions in the UK and Jersey, as well as a scarcity of travel options, meant it was not feasible for providers to recruit agency workers to cover staff shortages.
‘Care providers could be in a position where they cannot meet the conditions under which they are registered,’ he said, adding that this could lead to closures and/or large fines for failing to comply with the regulation of care rules.
The measures will not apply to those providing care to under-18s, but this sparked concern from some politicians.
‘It’s like we are throwing our elderly people under the bus,’ said Deputy Montfort Tadier. ‘I’m pretty disgusted we are in this position.’
Deputy Mike Higgins added: ‘We spend a lot of time on Children’s Services,
and rightly so, but we also need to devote more to this area – I will be watching it closely and would like to see a review by Scrutiny.’
The safety and wellbeing of those who were reliant on care could not be put on the back-burner, according to Deputy Rob Ward.
‘A gun is being held to our head by saying homes could close if we don’t vote for this,’ he said.
‘This situation has arisen through years of under-investment and a lack of respect for this sector.’
Health Minister Richard Renouf explained that because the Health Department was a provider of care, it would not have been right for him to bring the regulatory position, which was why Deputy Young had proposed the move.
‘The Care Commission is satisfied with these emergency interim measures, which will ensure services can continue in the best way they can,’ he said.
