States Assembly Annual Report 2011

CONTENTS

Foreword by the Bailiff of Jersey, President of the States

I am delighted to have been invited by the Chairman of the Privileges and Procedures Committee to contribute a foreword to this 6th Annual Report of the States Assembly.

The Report has always been a very useful point of reference for Members and those interested  in  the  work  of  the  States.  This  year's  Report  contains  additional information about retiring Members, new Members and those former Members who have passed away. I believe that this is a useful addition to the Report.

As the Report shows, 2011 was a record year in terms of the number of Sittings of the Assembly  (64)  and  the  aggregate  length  of  time  taken  for  those  Sittings  (over 366 hours). Part of the explanation for this lies in the subject matter of some of the debates. For example, in June the Assembly debated the draft 2011 Island Plan. This was an extremely important document for the future development of the Island, and it is hardly surprising that the debate took so long. On the other hand, other debates seemed on occasion to take rather longer than was justified by the subject matter. The time  taken  in  the  Assembly  can  certainly  pose  difficulties  in  terms  of  the  other important work which Members have to undertake, whether as Ministers, Assistant Ministers, members of Scrutiny or in their constituencies. It is of interest that, so far, the new Assembly has sat less often, but only time will tell whether this will continue.

As ever, the States have been extremely well served by the Greffier and his excellent staff and I would like to express my thanks to them. I also thank Members for the courtesy which they show to the Chair.

Introduction by the Chairman of the Privileges and Procedures Committee

Connétable A.S. Crowcroft of St. Helier

I am very pleased to be able to present the 2011 States Assembly Annual Report to the States on behalf of the Privileges and Procedures Committee. For most of the period covered by this report, PPC was chaired by Connétable Juliette Gallichan; and I would like to pay tribute to the work she and her Committee did in the last 3 years in what is clearly one of the more difficult roles in the States.

When I stood as Chairman of PPC in November 2011, I made it clear that I thought the new Assembly needed to place a higher priority on the efficient management of its time, and the figures set out in this Annual Report confirm, in my view, the need to do this. The fact that the Assembly sat on more days in 2011 than in any previous year is not a record' that I think we should be particularly proud of, but I am confident that there is a new mood in the Assembly that took office in November 2011 to tackle these issues. Another matter I mentioned when I stood as Chairman was my concern that the States had not traditionally recognised the service of past members in an appropriate way and I am therefore pleased that, for the first time, the Annual Report refers to the service of the 18 members who left the States in November 2011 and also summarises the tributes paid in the Assembly to former members who passed away during the year.

Section 4 of the report sets out in some detail the work of the Scrutiny Panels and PAC, and I am grateful to the Chairmen's Committee and to the staff in the Scrutiny office for preparing such a comprehensive summary. A number of concerns were expressed in 2011 about the role of Scrutiny and its effectiveness, but I think that the review of Scrutiny undertaken in the summer of 2011 by the former President of the Chairmen's Committee, which is reproduced in this Annual Report, showed a very clear and positive way forward. It is encouraging that the new Chairmen and members elected to the Scrutiny Panels and PAC in November 2011 have made it clear that they  are  determined  to  do  all  they  can  to  make  Scrutiny  more  effective  and worthwhile.

This is the 6th Annual Report for the States Assembly and the reports will, in time, provide a comprehensive record of the work of the Assembly and allow comparisons to be made over a period of years. The Annual Report requires contributions from a large number of officers in the States Greffe and PPC is grateful to them all for the effort they have again put in to make this report such a comprehensive overview of the last year.

1. THE STATES ASSEMBLY

1. Introduction

2011 was an election year and for the first time a single election day was held for the 3 categories of members on one day, with only the 6 Senators elected in 2008 for a 6 year term not facing an election as part of the transitional arrangement to the full general election' for all elected members that will take place in October 2014. There were significant changes in membership as a result of the elections and, in addition, the Assembly bid farewell to one Lieutenant Governor and welcomed another during the year.

2. Retiring members

18 members left the Assembly following the elections held on 19th October 2011, 10 as a result of a decision not to seek re-election and 8 as a result of electoral defeat.

The 18 members had a combined service to the States of some 177 years and this service was recognised in a tribute paid to the retiring members by the Deputy Bailiff at the end of the last sitting of the old States on 8th November 2011 and at a States dinner held in their honour in the Great Hall at Victoria College on 10th November.

The 18 retiring members, in order of their length of service, were as follows.

Terence John (Terry) Le Main – first elected in December 1978 (33 years' service)

First elected in 1978 as a Deputy for St. Helier No. 2, he was elected as a Senator  in  1984  and  served  2 terms  in  the  role  before  returning  to represent   St. Helier  No. 2  from  1996  to  2005.  He  was  elected  as  a Senator in October 2005 and therefore served a total of 33 years in the Assembly.

During his time as a States Member, he served on numerous Committees and Panels. He sat on the Fort Regent Development Committee and was

the first President of the Sport, Leisure and Recreation Committee.

Throughout his time in the States he was involved with Planning in its various guises as IDC, Planning and the Planning Applications Panel. He was a member of the Housing Committee from 1996, becoming its President in 1999 through to the end of the Committee system in 2005 and then the first Minister for Housing in 2005. As President and later Minister for Housing, he fought to provide the funds to adequately maintain the existing housing stock and refurbish or build appropriate new homes, particularly for young families and the elderly. He resigned as Minister in June 2010.

He  also  served for  many  years  on  the  Overseas Aid  Committee,  was  a  member  of the Assemblée Parlementaire de la Francophonie: Executive committee, the CPA and was a staunch supporter of Age Concern and the Island's elderly residents.

Terence Augustine (Terry) Le Sueur OBE – first elected in December 1987 (24 years' service)

First elected as a Deputy for St. Helier No. 1 in 1987 and served that district for 3 terms until 1999 when he was elected as a Senator. Served 2 six year terms as a Senator.

From his first year in the States he was involved with Social Security, serving  firstly  as  a  Committee  member  before  being  elected  as President  of  the  Committee  in  1990.  Under  Mr. Le Sueur  the Department  absorbed  the  functions  of  the  Industrial  Relations Committee (of which he was President in 1996) and issued a consultation document entitled Fair play in the Workplace' which laid the foundations for new Employment legislation in the Island and the establishment of the Jersey Advisory and Conciliation Service. In addition, a major review of the social security system was initiated under his presidency through the Continuity and Change' consultation which led to changes which ensured the long-term viability of the social security system in Jersey.

He was Vice-President of the Etat Civil Committee in 1988 and President of the House Committee in 1988, replacing Sir Martin Le Quesne. He joined the Policy and Resources Committee  in  February  1989  and  was  Vice-President  from  2002  until  the  end  of  the Committee  system,  working  alongside  Frank   Walker .  Having  followed  Mr. Walker  as President of the Finance and Economics Committee, he became the first Minister for Treasury and Resources and Deputy Chief Minister when the Ministerial system commenced in 2005. In 2008 he became the Island's second Chief Minister and led the Council of Ministers for his last 3 years in the Assembly.

After his retirement from the States he was awarded an O.B.E. in the Queen's New Years Honours list 2012.

Frederick John (Bob) Hill B.E.M. – first elected in December 1993 (18 years' service)

First elected as Deputy for St. Martin in December 1993 and was re-elected to represent the parish a further 5 times.

Mr. Hill was a member of the Agriculture and Fisheries, Tourism, Telecommunications  and  Sport,  Leisure  and  Recreation Committees during his first term, during which time he also served on  a  Committee  of  Inquiry.  In  later  terms  he  added  Housing, Health,  the  Jersey  Transport  Authority  and  Privileges  and

Procedures to his Committee remit, and was made Vice-President of Sport, Leisure and Recreation. He was actively involved in the development of the Shadow Scrutiny system, and after the end of the Committee system he served as Chairman of the Social Affairs Panel.

After his resignation as a Chairman of that Panel, he concentrated his efforts on being an effective  backbencher'  bringing  forward  many  private  propositions.  During  his  time  on Shadow Scrutiny and Scrutiny itself he completed a large number of reviews.

He took a  great interest in human rights compliance and would often question whether proposed legislation had met the criteria of the human rights legislation. He also championed the  rights  and  entitlements  of  States  employees  in  relation  to  whistle-blowing'  and suspension policies. He was a member of the Law Revision Board from February 2006.

Every year Mr. Hill was instrumental in arranging the annual Jersey vs. Guernsey States Members cricket match.

Kenneth Priaulx (Ken) Vibert – first elected in May 1994 (17½ years' service)

First elected as Connétable of St. Ouen in 1994 (having served 35 years in the Honorary Service until then) and then re-elected unopposed every 3 years until his retirement.

Mr. Vibert served as a member of the Home Affairs, Sport, Leisure and Recreation and Finance and Economics Committees, and also attended Policy and Resources and Council of Ministers meetings in his capacity as Chairman of the Comité des Connétable s.

As Chairman of the Comité des Connétable s, he was responsible for twinning St. Ouen with Coutances and for encouraging the other 11 Parishes to also twin with French towns. He was very active in forging strong links with France and promoting the French language in Jersey, being Chairman of the Commission Amicale – forging strong relations between Jersey and La Basse Normandie et La Manche. Between 2005 and 2008 he was an Assistant Minister in the Chief Minister's Department with particular responsibility for links with France. In addition, he was Président of the Jersey section of the Assemblée Parlementaire de la Francophonie and attended  numerous  regional and  plenary  conferences  in  French-speaking jurisdictions.  In recognition of his work in promoting better relations with France, he was promoted in April 2009 from Chevalier' to Officier' of the Ordre de la Pléiade des dialogues et de la culture' of the  Assemblée  Parlementaire  de  la  Francophonie.  He received  an  Ordre  des Palmes Académiques' of the Ministère de l'Éducation Nationale at the level of Chevalier' in 2010.

Paul Vincent Francis Le Claire – first elected in April 1999 (12½ years' service)

Joined the States in April 1999 as a Deputy for St. Helier No. 1 and was elected as a Senator later that same year. Returned to the role of Deputy in 2005 and was re-elected to serve a further term for St. Helier No. 1 in 2008.

He served on the Health and Social Services, Public Services and Overseas Aid Committees, the PECRS Committee of Management, as well as the Privileges and Procedures Committee and Shadow Scrutiny. After the move to the Ministerial system he served on the Environment Scrutiny Panel between 2007 and 2011 and also worked on the Economic Affairs Scrutiny Panel and was a member of the Planning Applications Panel from January 2009.

Mr. Le Claire took a keen interest in environmental issues and also health. He was involved with the Health and Social Services' smoking strategy which led to many measures to reduce smoking, such as increasing the minimum age for purchasing cigarettes, banning vending machines from places accessible to children, and the ban on smoking in the workplace.

John Benjamin (Ben) Fox – first elected in December 1999 (12 years' service)

First elected in December 1999 as Deputy of St. Helier No. 3 and served 4 terms in total.

In 1999 he joined the Planning and Environment, Education and Overseas Aid Committees and served on Planning until he resigned in April 2003. He remained involved with Education throughout most of his time in the States, serving on the Education Committee, latterly the Education, Sport and  Culture  Committee  until  the  end  of  the  Committee  system  in  2005.  He  was  then appointed  as  Assistant  Minister  for  Education,  Sport  and  Culture  and  given  special responsibility for the Youth Service, and was extremely supportive of the Service and young people –  he  was  instrumental  in  the  creation  of  a  skateboard  park  for  young  people  in St. Helier . His police background made him an invaluable expert in designing out crime when Education developed new school buildings.

Mr. Fox was a vocal campaigner for the return of police motorbikes, which was achieved under the new Chief Officer of the States of Jersey Police, Mike Bowron, in 2011. He was a keen  supporter  of  the  Commonwealth  Parliamentary  Association  and  served  as  Vice- Chairman of the Executive Committee from 2008 until his retirement. He attended a number of CPA conferences – most notably to the Falklands – of which he was very fond. He was also  a  member  of  the  Privileges  and  Procedures  Committee  from  2008  and  was  Vice- Chairman.

Collin Hedley Egré – first elected in December 2002 (9 years' service)

He  was  elected  as   Deputy  of   St. Peter  in  December  2002  and subsequently re-elected for a further 2 terms.

He  was  a  member  of  the  Home  Affairs  and  Harbours  and  Airport Committees until the end of the Committee system, and was actively involved with development of the Shadow Scrutiny system.

He served as a member and Vice-Chairman of the Privileges and Procedures Committee until his appointment in January 2011 as Assistant Minister for Planning and Environment with special responsibility for planning matters.

He  was  a  member  of  the  Planning  Applications  Panel  and  also  the  Corporate  Services Scrutiny Panel. During his time on Scrutiny he chaired a Sub-Panel into the future of the Waterfront and proposals to sink La Route de la Libération, and a review of the proposed creation of a Jersey Enterprise Board. He sat on various Sub-Panels dealing with the health impact  of  telephone  masts,  the  future  of  JCG,  proposals  to  deal  with  migration  and amendments to the Data Protection (Jersey) Law 2005.

Michael Keith (Mike) Jackson – first elected in November 2005 (6 years' service)

First elected as Connétable of St. Brelade in November 2005 and re- elected for a further term in 2008. He served as a member of the Economic Affairs Scrutiny Panel between 2005 and 2008 and worked on that Panel's reviews on the Retail Strategy, the Draft Price and Charge Indicators (Jersey) Law, and the health impact of telephone masts, as well as on GST Sub-Panels. He was also a member of the Assemblée Parlementaire de la Francophonie – Jersey section.

He was the Minister for Transport and Technical Services from December 2008, and he oversaw the culmination of years of effort on 2 projects: when the new Energy from Waste Plant was commissioned; and when the new Millennium Town Park was finally opened on 31st October 2011. He also oversaw major works on Victoria Avenue 2010 – 2011 and brought double-decker buses back to the Island on the No. 15 route.

Ben Edward Shenton – first elected in December 2005 (6 years' service)

Joined the States as a Senator in 2005. He was initially involved in a number of Scrutiny reviews into zero/ten, telecoms privatisation and the  health  impact  of  telephone  masts,  before  he  was  appointed  as Minister for Health and Social Services in September 2007, a position he held until December 2008.

He  was  Chairman  of  the  Public  Accounts  Committee  (PAC)  for 3 years from 2008 to 2011, and the Committee presented a number of hard-hitting reports under his chairmanship, including reports on the

States Annual Accounts, Jersey Homebuy Scheme, the Jersey Heritage Trust, the exchange rate risks of the Energy from Waste Plant and the States Spending Review. In 2009, PAC successfully brought a proposition through the States to expand the remit of the Comptroller and Auditor General. In 2010, the PAC visited their counterparts in Guernsey and developed potential inter-Island co-operation.

He was President of the Chairmen's Committee from December 2008 until March 2011 and brought forward various amendments to the Code of Practice for Scrutiny Panels and the PAC.

Frederick Ellyer (Freddie) Cohen – first elected December 2005 (6 years' service)

Joined the States as a Senator in 2005. He was immediately appointed as Minister for Planning and Environment and remained in this post until he resigned on 5th July 2011. He was also appointed Assistant Chief Minister responsible for external relations with effect from 14th January 2011.

During his tenure as Minister for Planning and Environment, he was responsible for the introduction of the Percentage for Art' policy whereby developers were encouraged to include some form of artwork which would benefit the community as part of the development.

He successfully brought forward the North of Town Masterplan in 2011 which provided a framework for the redevelopment and regeneration in the north of St. Helier . He resigned from his position as Minister for Planning and Environment once he had successfully steered through the new Island Plan in June 2011. He had found it difficult juggling his workload with his new responsibility as Assistant Minister responsible for external relations and wanted to concentrate his efforts on that area. During his time in that role he visited India and China and signed Tax Information Exchange Agreements with a number of countries and helped to forge a stronger identity for the Island in London and Brussels.

James Leslie (Jim) Perchard – first elected in December 2005 (6 years' service)

Joined the States as a Senator in 2005. He was initially involved in Scrutiny and was involved in a number of issues during his time on the Corporate Services Scrutiny Panel. He also served on a Sub-Panel looking at the impact of zero/ten, as well as Overseas Aid and migration Sub-Panels.

He was appointed as Assistant Minister for Health and Social Services, and was then appointed as Minister for Health and Social Services in December 2008,  but  resigned  in  April  2009.  He  rejoined  the  Public  Accounts  Committee  and  the Corporate Services Scrutiny Panel, on which he had served before becoming an Assistant Minister.

He was a keen cricketer, and before he was a member of the States he was instrumental in the creation of cricket pitch on his land. This became the usual venue for the annual Jersey vs. Guernsey States Members cricket match in which he always took an active part.

Silvanus Arthur (Silva) Yates – first elected in June 2006 (5½ years' service)

First elected as Connétable of St. Martin in June 2006 and re- elected unopposed in 2008.

He spoke rarely in debates, but when he did his speeches were concise and thoughtful. His speech during the debate on the transfer of funds from the Health Insurance Fund to the Health and Social Services Department  was  most  memorable,  and  was  quoted  in  part  by  the Minister for Social Security when the matter came before the States again in 2012. His work on Scrutiny included a review of the Income Support system, Social Housing (Homebuy) and Income Support Benefit levels.

He represented Jersey at a Commonwealth Parliamentary Association regional conference in Gibraltar in 2008 where his father had served in the armed forces.

Graeme Frank Butcher – first elected in December 2006 (5 years' service)

First elected Connétable of St. John in December 2006 and re-elected in 2008.

He was initially involved with Scrutiny and served on the Sub-Panel into the importation of bovine semen – one of the most controversial but also best received Scrutiny Reports. On the Education and Home Affairs Scrutiny Panel he worked on various reviews, including the policing of events, user pays proposals, Early Years Education and the role of the Centenier in the Magistrate's Court.

He was appointed as Assistant Minister for Housing from June 2010 and served in this role (under both Deputy S. Power of St. Brelade and Deputy A.K.F. Green of St. Helier ) until his retirement from the States.

Mr. Peter Frederick Maurice Hanning – first elected in August 2007 (4¼ years' service)

First elected Connétable of St. Saviour in August 2007 and re-elected in September 2008.

He was a member of the Privileges and Procedures Committee from 2008 to 2011 and served on the Sub-Committee set up to review the Public Elections (Jersey) Law 2002.

He was heavily involved in the Planning Applications Panel throughout his time in the States, having been appointed a member in September

2007. He represented the Panel on many occasions at Complaints Board appeal hearings.

He was a staunch supporter of the primary school visits to the States Chamber and attended every single one for any school based in St. Saviour , which represented a significant number of visits.

Mrs. Angela Elizabeth Jeune – elected in December 2008 (3 years' service)

Elected as Deputy of St. Brelade No. 1 in December 2008 and appointed as  the  Assistant  Minister  for  Social  Security  immediately  after  her election. As well as her work with that Department where she took a great interest in income support matters, Deputy Jeune , as a qualified nurse, was keenly interested in the Health and Social Services Department. She asked a number of questions in the States in relation to health matters and was very keen to ensure that the public sector provided value for money, particularly in terms of staff pay and conditions, and she would question any instance of staff coming from outside the Island and receiving large payments.

Mr. Daniel John Arabin Wimberley – elected in December 2008 (3 years' service)

Elected  as   Deputy  of   St. Mary  in  2008  and  renowned  for  his environmental views. His interest in environmental matters saw him bring  a  number  of  propositions  to  the  Assembly,  including:  an unsuccessful attempt to rescind the decision to build a new Energy from Waste Plant, a successful proposition that resulted in agreement to the publication on the Internet of incinerator emissions data, together with many amendments to the Annual Business Plans, Strategic Plan, North of Town Masterplan, Island Plan and Sustainable Transport Strategy.

He was also interested in government reform, and his proposition to establish an independent Electoral Commission was adopted in March 2011.

He  served  on  2  Scrutiny  Panels  throughout  his  term  of  office –  Economic  Affairs  and Environment, and was involved in a large number of reviews with these Panels.

Mrs. Anne Teresa Dupré – elected in December 2008 (3 years' service) Elected as Deputy of St. Clement in December 2008.

Immediately after her election she was appointed as Assistant Minister for Education, Sport and Culture and, in addition to her overall work as part  the  ministerial  team,  she  had  special  responsibility  for  cultural matters, dealing with the many organisations and bodies whose activities were funded by the States and having responsibility for taking forward the Cultural Strategy.

Debbie De Sousa – elected in December 2008 (3 years' service)

Elected as Deputy of St. Helier No. 1 in December 2008.

She  was  a  regular  contributor  during  debates  in  the  States  and  her speeches were often brief but well constructed. She had a strong social conscience and was a staunch supporter of workers' rights, serving on the  States  Employment  Board;  and  was  also  heavily  involved  with efforts to ensure Woolworths' staff received redundancy payments after that store closed in December 2008.

She served on Scrutiny on both the Health, Social Security and Housing and Corporate Services  Panels.  Mrs.  De  Sousa  took  part  in  the  review  of  the  plans  for  the  Jersey Development Company and she also led the review of Dental Health Services, and was a Panel member on various other reviews, including Income Support and the co-ordination of services for vulnerable children.

3. Newly elected members

Following the single election day on Wednesday 19th October 2011, 16 new members joined the new Assembly when it convened for the first time on Monday 14th November 2011 after members had taken the oath of office in the Royal Court.

Four of the 16 new members had been members previously and were rejoining the Assembly after a period of absence.

Senator  Lyndon  J.   Farnham  was  re-elected  after  a  6 year  absence,  having previously served as Deputy of St. Saviour No. 2 between 1999 and 2005.

Senator Sir Philip M. Bailhache rejoined the Assembly after a 2 year absence. He was first elected as Deputy of Grouville in 1972, but appointed as H.M. Solicitor General in 1975. He was sworn in as H.M. Attorney General in 1986 and as Deputy Bailiff in 1994. He served as Bailiff of Jersey, in which capacity he was President of the States, from 1995 to 2009, when he retired from office.

Deputy Gerard C.L. Baudains was re-elected as Deputy of St. Clement after a 3 year absence. He had previously served in this capacity from 1998 until 2008.

Deputy Patrick J.D. Ryan was elected as Deputy of St. John and returned to the Assembly after a 3 year absence, having served as Deputy of St. Helier No. 1 from 2002 until 2008.

Twelve members were elected for the first time in the October 2011 elections.

The Class of 2011'

4. The make-up of the new Assembly

When comparing the characteristics of the old' States and the new' States, the only fair comparison is between the composition of the old' States when that Assembly was first constituted at the end of 2008 and the new States at the start of the current 3 year term; as the passage of time clearly meant that all members aged by 3 years and gained 3 additional years' service in the period 2008 to 2011.

As shown in the tables below, the average length of elected service and age of new Assembly that  convened  for  the  first  time  on  14th  November  2011  was  very  similar  to  the  2008 Assembly,  although  the  detailed  breakdown  within  the  categories  obviously  varies considerably.

1. Average length of service as an elected member

The overall average length of elected service of the 51 elected members on 31st December 2011 was just over 6 years, almost identical to the average for the old States when they first met in 2008. The longest-serving member of the new Assembly, Connétable L. Norman of St. Clement , had served as an elected member for 28½ years and 3 other members, Senator P.F. Routier, Senator A. Breckon and Deputy R.C. Duhamel of St. Saviour had all served for 18 years. Exactly two-thirds of members had served for 6 years or less.

Within the 3 categories of membership the average length of service of members of the new Assembly was as follows –

Average length of service Senators  8 years Connétable s  7 years Deputies  5 years

2. Average age of elected members

The average age of elected members of the new Assembly was 54 years old, very similar to the December 2008 average age of 53. The breakdown in the age of the 51 members of the new Assembly is given in the following table –

3. Number of male and female members

The make up of the membership of the Assembly during 2011 is set out below. Although the percentage of female members increased because of the overall reduction in membership the actual number of female members remained constant at 12.

5. His Excellency the Lieutenant Governor – a farewell and a welcome

2011 saw the departure of one Lieutenant Governor and the arrival of another to take up his 5 year term of office. His Excellency the Lieutenant Governor is a member of the States by virtue of his office although he has no right to vote. His Excellency is not prohibited from speaking in the Assembly, but by tradition and convention, the Lieutenant Governor only addresses  the  Assembly  on  the  day  of  his  arrival  and,  5 years  later,  on  the  day  of  his departure.

On 30th June 2011 the Assembly convened to bid farewell to Sir Andrew Ridgway and Lady Ridgway at the end of their term of office and before they left the Island later that day. In paying tribute to the departing Lieutenant Governor, the Chief Minister, Senator T.A. Le Sueur , drew attention to the keen interest in Island politics and Island life that Sir Andrew had shown during his term of office. He also drew attention to the considerable interest in local charities that His Excellency and Lady Ridgway had taken during their time in Jersey with, between them, patronage of 88 different organisations. He also reminded members of His Excellency's determination in 2006 to establish a Jersey bobsleigh team and pointed out that this had been successfully achieved with 2 members of the team selected to represent Great Britain in various championships. In closing, the Chief Minister drew attention to the pleasure felt by members of the States and Islanders when a knighthood was conferred on Sir Andrew Ridgway in the 2011 Queen's Birthday Honours which was a fitting conclusion to his term of office in Jersey. The Chief Minister, on behalf of all members, wished Sir Andrew and Lady Ridgway all the best for their move to Devon.

(Photo courtesy of the Jersey Evening Post)

In his response, Sir Andrew reflected on the changes that had taken place in the membership of the Assembly since his welcome on 15th June 2006, drawing attention to the fact that only one Minister from that time remained in ministerial office. He also noted that the Bailiff , Deputy Bailiff , Attorney General and Solicitor General were all new in post since his arrival, with only the Dean among the non-elected members of the Assembly remaining in office. Sir Andrew drew attention to the challenges facing Jersey, but concluded that Islanders should reflect on the fact that the community in Jersey enjoyed a broadly similar level of public services in terms of health, social services, education and social security to that of most European nations, with a much lower level of taxation. Sir Andrew also drew attention to the enormous benefits that the Island drew from its enduring culture of honorary service and the powerful charitable sector. His Excellency expressed the view that Ministerial Government was still in its relative infancy and gave his views on how Scrutiny should be developed, and how the Electoral Commission should undertake its work to review the composition of the Assembly. In closing, His Excellency thanked all those he had worked with during his five years in office and paid particular tribute to his staff at Government House. He also paid public tribute to his wife, Lady Ridgway, pointing out that the work of any Lieutenant Governor is a team effort between His Excellency and his wife.

After  the  Special  Sitting,  members  went into  the  Royal  Square  to  join  the  many Islanders who had gathered to bid farewell to His Excellency and Lady Ridgway as they left the Island.

The States convened for a special Sitting on 27th September 2011 to welcome to the Island General Sir John McColl, who had been  sworn  in  as  the  new  Lieutenant Governor  the  previous  day  in  the  Royal Court. Sir John had a very distinguished

military career, with his final serving appointment being Deputy Supreme Allied Commander Europe,  a  post  which  he relinquished in  March  2011.  Sir John  and  Lady  McColl  were welcomed on behalf of all States members by the Chairman of the Privileges and Procedures Committee, Connétable Juliette Gallichan. The Chairman of PPC drew attention to the special relationship of the Island with the Crown and the very great appreciation of the office of the Lieutenant Governor by Islanders. She expressed the view that by sitting in the Assembly and observing  the  progress  of  debates,  the  Lieutenant  Governor  could  better  understand  the deliberations of the States and, in turn, ensure that the views of the Island's parliament were accurately  communicated  to  and  understood  by  the  United  Kingdom  government.  The Chairman pointed out that the Lieutenant Governor and his wife would meet Islanders from all walks of life and, in some cases, their patronage of a charity would be a crucial boost to recognition of a worthy cause. On behalf of all members she expressed the hope that they would both find their time in the Island not only challenging and fulfilling, but also greatly enjoyable.

(Photo courtesy of the Jersey Evening Post)

In response, His Excellency thanked members and other Islanders for the warmth of the welcome that he and Lady McColl had received since their arrival. He expressed the view that the subtleties of the Island's structures and the current issues facing Jersey might not be widely understood outside the Island, particularly in Whitehall, and he pledged to do all he could to strengthen dialogue with the United Kingdom. For that reason, he valued sincerely his place in the States Chamber so that he could be aware of issues facing the Island. He concluded  by  informing  members  that  he  and  his  wife  looked  forward  to  involving themselves fully in Island life and stated that there could be no greater honour for him than to represent Her Majesty The Queen in one of her Crown Dependencies.

6. Tributes to former members

Five former members of the States passed away during 2011 and, in the customary manner, the Bailiff or Deputy Bailiff paid tribute to each one at the next Sitting of the Assembly. Extracts from those tributes are reproduced below.

Mr. Michael (Mike) Vibert passed away on 15th January 2011

Deputy of St. Brelade between 1996 and 2002, Senator between 2002 and 2008

The Bailiff , 18th January 2011

"Members  will  be  aware  that  Mr.  Mike   Vibert ,  the  former   Deputy  and  Senator  of  this Assembly died suddenly on Saturday. Mr. Vibert trained as a teacher and subsequently taught at various schools including d'Hautrée, but he then decided that journalism was for him and after some three years at the Jersey Evening Post he was one of the founding members of staff of BBC Radio Jersey and he rose to become News Editor and Station Chief. As part of his responsibilities he provided commentary for broadcasting of sittings of this Assembly. He was clearly not put off by this because in 1996 he decided to enter the States and he was elected as a Deputy for St. Brelade No. 2 district which he represented for a second three year term as Deputy before being elected as Senator for 6 years in 2002. So he served a total of 12 years in the States.

Senator M.E. Vibert at the CPA Small Branches conference in Canada in 2004 with Senator P.F. Routier and Connétable D.F. Gray of St. Clement

He served on a number of Committees but his abiding interest lay in Education and in matters of  Sport,  Leisure  and  Recreation.  He  was  the  last  President  of  the  Sport,  Leisure  and Recreation Committee before it amalgamated with the Education Committee and he was then President of that new Committee for three years before becoming the first Minister for Education, Sport and Culture from 2005 to 2008.

A number of important decisions were taken during his time as President or Minister. He took the Early Years Strategy to the States and fought successfully to introduce 20 hours free nursery education for all children under 4. The Strategy also led to the creation of the Bridge', which I had the privilege of visiting a while ago and which does so much for those who  need  help  or  assistance  in  one  way  or  another.  He  abolished  the  SATS  (Standard Assessment  Tests)  in  Jersey  because  he  thought  they  were  stressful  and  often  counter productive.  During  his  tenure  at  Education  new  schools  were  built  at  Hautlieu  and  Le Rocquier and d'Auvergne Primary School was created. In the field of culture he brought the first Cultural Strategy to the States in 2005. In terms of sport, he was a strong supporter of the Island Games and he was instrumental in Jersey's successful bid to have the 2015 Games here, albeit that this did not come to fruition until after he'd left office.

Now outside his area of responsibility as a Minister he persuaded the States to introduce TV licences for the less well off aged over 75 and he championed the creation of Les Creux Country Park as a Millennium project. He was also, as Members will be aware, a strong supporter of the Commonwealth Parliamentary Association. Very often former members who die have been retired from the Assembly for many years and have not therefore overlapped with members who are still here. But that is of course not so with Mr. Vibert who was a Senator as recently as 2008 so many members will have their own recollections of him, whether as a friend, or as a colleague or political adversary. He was certainly an effective member of the States, who could speak powerfully and persuasively in support of his point of view. He was usually commendably brief and to the point which only added to his debating skills. He was a staunch Jerseyman who didn't hesitate to stand up for his Island and for what he believed was right."

Mr. Michael (Mike) Wavell passed away on 16th April 2011

Deputy of St. Helier No. 1 between 1981 and 1990, Deputy of St. Saviour No. 3 between 1990 and 1999

The Bailiff , 3rd May 2011

"Mike Wavell was first elected as a Deputy for St. Helier district Number 1 in 1981. Before that he had already shown his capacity for honorary service by serving as a Centenier in St. Helier . He served three terms as a Deputy for St. Helier  Number 1  before  moving  to St. Saviour  No. 3  for  which  he  served  a further 3 terms so making a total of 18 years

service in the States.

He  served  on  a  number  of  Committees during this time but he will probably be best remembered for being President of the Defence Committee for 9 years from 1990 to 1999. During his term of office he appreciated that there were structural weaknesses in connection with the control of the States and Honorary Police and he set up the Committee chaired by Sir Cecil Clothier to look into it and following the report of that Committee he successfully brought forward proposals for a Police Authority, although after his departure from the States the matter rather lapsed. The recent resuscitation of the proposals by the Minister for Home Affairs is a tribute to his foresight.

He was a man who had the courage of his convictions and he was very instrumental in the decision  to  establish  a  local  Territorial  Army  unit  as  the  appropriate  means  of  Jersey contributing to the UK's defence effort.

But his contribution to Island life did not diminish after he left the States – far from it. Following the Asian Tsunami he was the driving force for the creation of Side by Side which was instrumental in raising such very large sums for the victims of the Tsunami. Since then Side by Side has also been responsible for the building of a new school in the area of Kashmir controlled by Pakistan after the earthquake in that region and for raising funds following the floods in Madeira last year. In addition to his activities with Side by Side, he founded the Jersey Music Academy and the contribution of the Academy can be seen in the success of events such as the Jersey Instrumental Music Services Spring Concert, which I had the privilege of attending recently.

He was a very caring man, which I had personal knowledge of towards the end of my father's life. He would often refer to himself as an ordinary Jersey lad' who was fiercely proud of his Island. He may have considered himself to be an ordinary Jersey lad' but he had exceptional qualities which made the Island he loved a better place. He showed great courage through his recent illness and he has been taken from his family and Island far too soon at a time when he still had so much to contribute."

Mrs. Helen Baker passed away on 25th April 2011 Deputy of St. Martin between 1978 and 1984

The Bailiff , 3rd May 2011

"Helen Baker was elected as Deputy of St. Martin in 1978 and she served two terms before retiring in December 1984. She served on a number of Committees including the Resources Recovery  Board,  Fort  Regent,  Broadcasting,  Legislation  and  Gambling  Control,  but  her greatest interest lay in planning matters and she was a hardworking member of the Island Development Committee throughout both her terms of office.

She was a passionate defender of the Island's built heritage and took a particular interest in applications which affected the countryside. In the States she spoke only when she felt she had something of particular importance to say and her speeches  were  invariably  well  constructed  and  thought through.

She  will  be  particularly  remembered  for  her  forceful opposition  to  the  flooding  of  Queen's  Valley  and  she developed  her  arguments  on  this  topic  with  considerable skill and passion."

Mr. Graeme Rabet passed away on 26th April 2011

Deputy of Grouville between 1987 and 1993, Deputy of St. Helier No. 3 between 1996 and 1999

The Deputy Bailiff , 4th May 2011

"Graeme Rabet was born in Jersey in 1939 and attended St. Luke's and De La Salle College. After leaving school he joined the tourism industry and later became the Director of Falles Hire Cars which, especially prior to the arrival of Drive on/drive off' ferries, was a vital service business in tourism. Indeed, he was passionate about tourism and was President of the Battle of Flowers Association.

He was elected as Deputy for St. Helier district No. 1 in 1987 and re- elected in 1990. Although he was defeated when he stood as Deputy for Grouville in 1993, he returned to the States as Deputy for St. Helier No. 3 in 1996, leaving office at the end of his term in 1999.

He was at one time President of the Tourism and Gambling Control Committees  and  he  also  sat  on  a  wide  variety  of  Committees  as  a member  of  Housing,  Agriculture  and  Fisheries,  Sport,  Leisure  and Recreation,  Harbours  and  Airport  and  Public  Services  Committees.  Graeme  Rabet  was, according to those who knew him well, a quiet unassuming man who valued the Island's traditions and our way of life. Particularly whilst on the Housing Committee he demonstrated his care and feeling for all Islanders."

David Crespel passed away on 22nd October 2011

Deputy of St. Helier No. 1 between 1990 and 1996, Deputy of Trinity between 1996 and 2005

The Bailiff , 1st November 2011

"Mr. Crespel was one of those Jerseymen who was involved in the finance sector from the very beginning, spending a total of some 40 years in finance altogether. He rose to become Managing Director for 22 years of Hambros Trust Company in the Channel Islands.

On retiring he immediately stood for the States and was elected as a Deputy for St. Helier Number 1 district in 1990. He served a further term as Deputy for that district before moving to Trinity and serving 3 terms as Deputy of Trinity retiring in December 2005. Altogether he served 15 years as Deputy and he was the Senior Deputy by the time of his retirement. He served on a number  of  Committees  including  Housing,  Finance  and Economics, Social Security and Policy and Resources.

He will be particularly remembered for being Vice President for three  years  and  subsequently  President  for  5 years  of  the Establishment Committee, subsequently the Human Resources Committee, which position he filled with great ability. His long experience in the finance sector meant he was listened to particularly carefully when he spoke on financial matters in the States or on the various Committees on which he served. He was also  extremely  knowledgeable  about  pensions  which  stood  him  in  good  stead  on  the Establishment Committee.

He was an immensely courteous and well liked man but this did not mean he did not take a strong line when required. He was also a very compassionate man who was very aware of the needs of less fortunate members of the community. And it is a reflection of the regard in which he was held that in 2002 he was chosen to Chair the Working Party which looked into the relationship between the States and the Parishes. Its recommendations were well received and in fact were adopted by the States in 2004 and form the basis of the relationship which still exists today between the States and the Parishes. In particular the report recommended that the States should take over responsibility for all welfare payments (and these are now payable as Income Support) in exchange for the Parishes taking on certain other expenditures which had previously been borne by the States. It can be said therefore that he has left a lasting legacy as a result of the work he did."

2. MEETINGS OF THE STATES

1. Introduction

As often happens in an election year the Assembly had an extremely busy schedule of meetings in 2011

The old' Assembly had an extremely heavy agenda in the months before the election as Ministers and others finalised work before the end of the 3 year electoral cycle. The new Assembly convened for the first time on 14th November 2011 and then met on a number  of  occasions  to  make  the  necessary  appointments  of  Chief  Minister, Ministers, Chairmen and members of Committees and Panels, as well as holding one meeting for ordinary business before the Christmas recess. The combination of these busy periods for both the old' and the new' States meant that the Assembly held 64 meetings in 2011, the highest ever number of meetings in a single year.

2. Number of meetings

Before 2011 the highest ever number of meetings in a year was 60 in 2009. The number of meetings fell to 50 in 2010, but as mentioned above the previous record' was broken in 2011 with 64 meetings on 63 days (the Assembly held 2 meetings on 30th June 2011, with one ceremonial meeting to bid farewell to His Excellency the Lieutenant Governor followed by a second meeting for normal business).

In common with the normal pattern over a 3 year period, 2011, being an election year, was the busiest of the 3 years in the life of the last States. The number of meetings over the last 3 years was as follows –

Although there have been busier and quieter years over the last 20 years there has, overall, been a trend of an increasing number of meetings, particularly in the last 10 years, as indicated in the graph below which shows the number of meetings each year since 1982 –

(Meetings for normal business in blue, ceremonial meetings in red)

3. Length of meetings

The Assembly sat for a total of 366 hours and 31 minutes in 2011, just over 73 hours longer than in 2010 and some 14½ hours longer than the Assembly had ever sat before in a single year. The 3 ceremonial meetings (Liberation Day and the meetings to  bid  farewell  to  His  Excellency  the  Lieutenant  Governor  and  to  welcome  his successor) lasted for 77 minutes in total, meaning that the Assembly spent 365 hours and 14 minutes on ordinary' business. This time was divided between 333 hours and 24 minutes for the old' States and 31 hours 50 minutes for the new' Assembly.

With a busy schedule leading up to the summer recess, and no meetings at all in October because of the elections, the allocation of time throughout the 12 months of the year was quite irregular, as shown in the graph below –

(Meetings of the old' States in pink, new' States in green)

In addition to being a record-breaking year overall, 2011 also saw the longest ever debate on a single proposition with the debate on the draft Island Plan 2012 in June. The debate  continued for some 6½ days and lasted for 39 hours and  55 minutes. 58 separate  amendments  to  the  Plan  were  lodged  for  debate,  with  15 further amendments to those amendments.

4. Allocation of time

The total of 365 hours and 14 minutes spent in the old' and the new' States on ordinary' business during the 61 meetings for ordinary business was broken down as follows –

5. Oral Questions with notice

Oral  questions  with  notice  can  be  answered  at  any  scheduled  meeting  of  the Assembly, but not during continuation days unless they are approved by the Bailiff as urgent questions. There was one urgent question asked during 2011.

A total of 269 oral questions with notice and one urgent question were answered during the year, with 9 other questions that had been listed on the Order Paper not being answered because the 2 hour period allocated had expired. The total time spent answering the 269 questions with notice was 30 hours and 42 minutes, meaning that an average of 6.8 minutes was spent on each one.

The  breakdown  of  Ministers/Committees  and  others  with  official  responsibility answering  the  oral  questions  with  notice  (including  the  urgent  question)  was  as follows –

6. Oral Questions without notice

Following the period of oral questions with notice at every scheduled States meeting there is a period of 30 minutes set aside for oral questions without notice to Ministers. Two Ministers answer for up to 15 minutes each on a rota basis, with the Chief Minister answering at every other States meeting. A total of 8 hours, 19 minutes was spent on oral questions without notice during the year.

Ministers answered as follows:

7. Written Questions

As there were less meetings than in 2010 at which written answers were tabled (because of the elections), there were less written questions in 2011. 395 written answers were tabled at 17 meetings compared with 482 at 20 meetings in 2010, an average in 2011 of 23.2 questions per meeting. The largest number tabled at one sitting was 46 on 5th July 2011, with 13 answered by the Minister for Treasury and Resources alone on that day.

The breakdown of Ministers, Panels, Committees and others answering the written questions was as follows –

8. Statements

There were 39 statements made in the Assembly during 2011, and these statements and the period of questioning that followed lasted a total of 8 hours, 2 minutes (which includes  the  14 minutes  for  the  Liberation  Day  statement)  meaning  that  each statement took an average of some 12.3 minutes.

34 of the statements were made by Ministers and other office-holders on matters of official responsibility and 5 were personal statements.

The breakdown of those making statements was as follows –

9. Public Business

During  the  year  the  Assembly  spent  a  total  of  276 hours,  48 minutes  on  Public Business, which was an increase of some 55 hours over the 2010 total. The time spent on Public Business represented 75.5% of the total sitting hours during the year.

The total number of propositions debated during the  year was 189, compared to 155  in  2010  and  181  in  2009.  The  breakdown  of  the  number  of  each  type  of proposition debated during the year was as follows –

The total time spent on the various categories of proposition, the percentage of the total time and the average time spent per proposition in each category is shown in the following table –

Total time  % of  Average total  time per

time  projet (Minutes)

Private members' policy matters  114h 1m  41.2%  112 Laws  51h 8m  18.5%  77 Ministers' policy matters  50h 33m  18.3%  132 Regulations  21h 28m  7.8%  42 Strategic Plan/Annual Business Plan/Budget  21h 11m  7.7%  636 Appointments  5h 2m  1.8%  19 In Committee' debate  3h 36m  1.3%  216 Petitions  2h 17m  0.8%  137 Standing Orders  2h 15m  0.8%  34 No confidence/dismissal/censure  1h 54m  0.7%  114 Scrutiny Panels/PAC policy matters  1h 36m  0.6%  96 PPC/Comité des Connétable s policy matters  1h 23m  0.5%  42 Legislative Acts (including Appointed Day Acts)  24m  0.1%  4 TOTAL  276h 48m

As mentioned in previous Annual Reports, it is of interest to note that debates on propositions brought by private members took up a significant percentage of the overall time.

The percentage of time spent on legislation (draft Laws, Regulations, Legislative Acts and Standing Orders), another matter that has been mentioned in previous reports, rose from 13.5% of the total Public Business time in 2010 to 27.5% in 2011. This was undoubtedly as a result of the significant steps taken before the election by Ministers to bring forward many pieces of legislation that had been developed during their 3 year  term  and,  as  shown  above,  the  number  of  draft  Laws  that  were  debated increased from 21 in 2010 to 40 in 2011.

The total time spent on policy, financial and other propositions from Ministers that were  not  legislation  (general  policy  matters,  Annual  Business  Plan/Budget  and appointments)  was  76 hours,  46 minutes;  similar  to  the  2010  figure  of  79 hours, 38 minutes although, because of the overall increase in time spent, this represented a lower percentage of the overall total (27.8% in 2011 against 36.2% in 2010). It should also be noted that 39 hours and 55 minutes of the 2011 total was taken up with one single  debate  on  the  draft  Island  Plan  and  associated  amendments  as  mentioned earlier.

The number of propositions lodged au Greffe' during any year will always differ from  the  number  of  propositions  debated,  as  some  propositions  that  are  debated during the year have been lodged in the last few months of the previous year and, similarly,  some  propositions  lodged  during  a  year  will  not  be  debated  until  the following  year.  In  addition,  there  are  a  quite  significant  number  of  propositions lodged that are never debated as they are withdrawn before coming to the Assembly. The number of propositions lodged during the year is nevertheless a useful indication of the level of activity and can be compared from year to year.

During 2011, 197 new propositions were lodged, almost identical to the 2010 total of 199.  The  breakdown  into  the  different  types  of  propositions  lodged  was  as follows –

2011  2010 Private members policy matters  74  73 Laws  38  23 Regulations  32  31 Appointments  19  24 Ministers' policy matters  18  23 Legislative Acts (including Appointed Day Acts)  4  10 Standing Orders  3  2 Annual Business Plan/Budget/Strategic Plan  2  2 Chairmen's Committee/Scrutiny Panel/PAC policy  2  3 Petitions  2  3 PPC/Comité des Connétable s policy matters  2  3 No confidence/dismissal/censure  1  2 TOTALS  197  199

The following table shows those responsible for lodging the 197 propositions –

Any proposition lodged can be subject to amendment and, in turn, amendments may be  subject  to  amendment  to  amendments.  The  total  number  of  amendments  and amendments to amendments lodged during 2011 was as follows –

It should be noted, however, that 58 of the above total of amendments, and 15 of the amendments to amendments, related to the draft Island Plan proposition (P.48/2011).

10. Significant debates during 2011

It  is  clearly  a  subjective  judgement  for  anyone  to  attempt  to  identify  the  most important or significant items debated by the Assembly during the year as the relative importance of matters will depend largely on every person's personal opinions, but some of the items discussed by the Assembly that may be considered as the most significant for the Island were as follows.

Freedom of Information

After many years of consultation and research, the States adopted the Freedom of Information (Jersey) Law 201-. The Law will give statutory rights of access to certain categories of information held by public authorities and allow a right of appeal against any refusal to grant access. The Law was adopted on the basis that it will not come into effect for several years to allow States departments to prepare for its introduction.

Composition of the States

After  the  in  principle'  decision  of  the  States  in  2010  to  reduce  the  overall membership of the Assembly from 53 to 49 over the period of time and to move towards a common 4 year term of office for all members, the States approved the States  of  Jersey  (Miscellaneous  Provisions)  Law  201-  which  gave  effect  to  the decision. The decision remained politically controversial and there were 2 attempts to overturn it, but both were unsuccessful by very small majorities, and the reforms with the elections in October 2011 which saw the first stage of the reduction in the number of Senators from 12 to 10. In March the States also agreed in principle to establish an independent  Electoral  Commission  to  make  recommendations  on  the  future composition of the Assembly.

Increase in the state pension age

In response to concerns about the ageing population, the States agreed to increase the pensionable age from 65 to 67 by 2031, with the increases beginning in 2020 at a rate of 2 months per year.

Canons of the Church of England

In an unusual debate for the Assembly, members agreed to endorse the revised Canons of the Church of England which updated and replaced the Canons which had been put in place in 1623 in the time of King James I. Before being submitted to Her Majesty in Council, the draft Canons required the approval of the Bishop of Winchester, the Dean of Jersey, the Ecclesiastical Court, the Deanery Synod of the Island and the States.