States Meeting Transcript - 07/11/2006

STATES OF JERSEY OFFICIAL REPORT

TUESDAY, 7th NOVEMBER 2006

CONTENTS

QUESTIONS......................................................................................8

1. Written Questions........................................................................8

1. DEPUTY P.V.F. LE CLAIRE OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE COST OF REMOVING LEACHATE FROM GREEN WASTE AND POTATO WASTE:.............................................8
2. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE IMPLEMENTATION OF THE RECOMMENDATIONS OF THE COMMITTEE OF INQUIRY INTO THE TENDER PROCESS AND AWARD OF THE BUS SERVICES CONTRACT:............................................................................8
3. DEPUTY S. PITMAN OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING THE USE OF MOBILE PHONES BY DRIVERS AND INCIDENCES OF SPEEDING AND DRINK DRIVING:..............................................11
4. DEPUTY S. PITMAN OF ST. HELIER OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE USE OF MOBILE PHONES BY DRIVERS OF VEHICLES OPERATED BY THE DEPARTMENT: ..................11
5. DEPUTY S. PITMAN OF ST. HELIER OF THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING MEASURES TAKEN TO TACKLE DISCRIMINATION:...................................................................12
6. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE AVAILABILITY OF INCOME SUPPORT TO THOSE IN THE SECOND AND THIRD INCOME QUINTILES: ....................14
7. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING SUPPORT FOR THE RETAIL SECTOR:..........15
8. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE ENTERPRISE AND BUSINESS DEVELOPMENT STRATEGY: .......................................................17
9. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE CREATION OF A POPULATION REGISTER: ..................21
10. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING NEW PENSIONS LEGISLATION:.......................24
11. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE SOURCE OF ADDITIONAL FUNDING GIVEN TO THE BATTLE OF FLOWERS ASSOCIATION: ..........................24
12. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE GRANTS TO SUPPORT EVENT-LED TOURISM:.............................................................................25
13. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE PROPOSED STABILISATION FUND: ....28

14. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE NEW SUMMER AND SCHOOL BUS CONTRACTS:....................................................................29
15. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE ZERO/10' TAX PROPOSALS:............30
16. THE MINISTER FOR ECONOMIC DEVELOPMENT WILL TABLE AN ANSWER TO A QUESTION ASKED BY DEPUTY G.P. SOUTHERN OF ST. HELIER REGARDING THE DELAY OF FLYBE FLIGHT BE953 FROM LONDON GATWICK ON 28TH OCTOBER 2006:...............................................30
17. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE PROVISION OF 3-BEDROOM HOUSES: 31
18. DEPUTY S. PITMAN OF ST. HELIER OF THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING EDUCATION ON ROAD SAFETY ISSUES: 36
19. DEPUTY S. PITMAN OF ST. HELIER OF THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING A REPLACEMENT FOR THE MOVE-ON' CAFÉ:..................................................................................37
20. DEPUTY S. PITMAN OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING MEASURES TAKEN TO TACKLE DISCRIMINATION: ............38

2. Oral Questions...........................................................................39

1. Deputy R.G. Le Hérissier of St. Saviour of the Minister for Transport and Technical Services regarding the revenue risk associated with the leisure and school bus services contract with Connex:..................................................................39

1. Deputy R.G. Le Hérissier: ..............................................................39
2. Deputy R.G. Le Hérissier: ..............................................................40
3. Deputy G.P. Southern of St. Helier:....................................................40
4. Deputy G.P. Southern :..................................................................40
5. Deputy R.G. Le Hérissier: ..............................................................40

2. Deputy G.C.L. Baudains of St. Clement of the Minister for Home Affairs regarding elements of the States of Jersey Police performance report: ............................41
3. Deputy D.W. Mezbourian of St. Lawrence of the Minister for Education, Sport and Culture regarding the proximity of mobile telephone masts and base units to schools: ..41

1. Deputy P.V.F. Le Claire of St. Helier : ..................................................42
2. Deputy D.W. Mezbourian :..............................................................42
3. Deputy P.V.F. Le Claire: ...............................................................42
4. Deputy P.V.F. Le Claire: ...............................................................43

4. Deputy G.P. Southern to the Minister for Education, Sport and Culture regarding progress in negotiations with teachers' representatives over pension arrangements and terms and conditions of employment: ..................................................43

1. Deputy G.P. Southern :..................................................................44
2. Deputy G.P. Southern :..................................................................44

5. Deputy K.C. Lewis of St. Saviour of the Minister for Home Affairs regarding steps to increase penalties for selling or providing alcohol tojuveniles:.........................45

1. Deputy of St. John:.....................................................................45
2. Connétable M.J. Jackson of St. Brelade:................................................45

6. Connétable D.J. Murphy of Grouville of the Minister for Planning and Environment regarding policy on applications for the erection of mobile telephone masts in the Green and Countryside Zones:................................................................46

1. The Connétable of Grouville :...........................................................46
2. Senator B.E. Shenton:..................................................................47

3. The Connétable of Grouville :...........................................................47
4. Connétable A.S. Crowcroft of St. Helier : ...............................................47
5. Deputy C.F. Labey of Grouville :........................................................47
6. Deputy R.G. Le Hérissier: ..............................................................48

7. Deputy J.B. Fox of St. Helier:..........................................................48
8. The Connétable of Grouville :...........................................................48

7. Deputy G.P. Southern of the Minister of Economic Development regarding consultation with the fulfilment industry prior to formulation of policy: .............................49

1. Deputy G.P. Southern :..................................................................49
2. Deputy G.P. Southern :..................................................................49
3. Deputy P.V.F. Le Claire: ...............................................................50
4. Deputy R.G. Le Hérissier: ..............................................................50
5. Deputy G.P. Southern :..................................................................50
6. Deputy G.P. Southern :..................................................................51

8. Deputy S. Power of St. Brelade of the Chief Minister regarding rents paid by commercial lessees of Waterfront Enterprise Board Limited land at the Waterfront:................51

2.8.1 Deputy P.V.F. Le Claire: ...............................................................52

9. Deputy R.G. Le Hérissier of the Minister for Health and Social Services regarding accommodation for cancer patients, relatives and friends in Southampton: .............52

1. Deputy R.G. Le Hérissier: ..............................................................53
2. Deputy P.V.F. Le Claire: ...............................................................53
3. Deputy A.E. Pryke of Trinity :..........................................................53
4. Deputy S.C. Ferguson of St. Brelade : ..................................................54
5. Deputy R.G. Le Hérissier: ..............................................................54
6. Deputy P.V.F. Le Claire: ...............................................................54

10. The Connétable of St. Helier of the Minister for Education, Sport and Culture regarding strategy to increase the number of children accessing early years' education and care:..54

2.10.1 The Connétable of St. Helier:........................................................54

11. Senator B.E. Shenton of the Minister for Health and Social Services regarding possible health impacts arising from the proximity of residences to mobile telephone masts: ....55

1. Deputy P.V.F. Le Claire:............................................................55
2. Senator B.E. Shenton: ...............................................................56
3. Deputy P.J.D. Ryan of St. Helier:....................................................56
4. The Connétable of Grouville :........................................................56
5. Deputy G.P. Southern : ..............................................................56
6. Deputy P.V.F. Le Claire:............................................................57

3. Questions to Ministers without notice - The Minister for Economic Development....57

1. Deputy K.C. Lewis of St. Saviour:......................................................57 Senator P.F.C. Ozouf (The Minister for Economic Development):............................57
2. Deputy G.P. Southern :..................................................................58
3. Deputy J.J. Huet of St. Helier : ..........................................................58
4. Senator B.E. Shenton:..................................................................58
5. Deputy C.H. Egré of St. Peter:..........................................................59
6. The Connétable of St. Brelade:.........................................................59
7. The Connétable of St. Helier:...........................................................59

3.7.1 The Connétable of St. Helier:...........................................................60

8. Deputy R.G. Le Hérissier: ..............................................................60

3.8.1 Deputy R.G. Le Hérissier: ..............................................................60

9. Senator L. Norman: ....................................................................61
10. Deputy P.V.F. Le Claire: ...............................................................61
11. Senator J.L. Perchard:..................................................................62

4. Questions to Ministers without notice - The Chief Minister............................62

1. Deputy K.C. Lewis :....................................................................62
2. Senator B.E. Shenton:..................................................................62
3. Deputy D.W. Mezbourian :..............................................................63
4. Deputy P.V.F. Le Claire: ...............................................................63
5. Deputy G.P. Southern :..................................................................63
6. Deputy of Grouville :....................................................................64
7. Deputy R.G. Le Hérissier: ..............................................................64

4.7.1 Deputy R.G. Le Hérissier: ..............................................................64

8. Deputy G.P. Southern :..................................................................64

4.8.1 Deputy G.P. Southern :..................................................................65

9. Senator J.L. Perchard:..................................................................65
10. Deputy P.V.F. Le Claire: ...............................................................65
11. Deputy G.P. Southern :..................................................................66
12. Deputy of Grouville :....................................................................66
13. Deputy J. Gallichan of St. Mary........................................................66
14. Deputy D.W. Mezbourian :..............................................................66 The Bailiff :...................................................................................67

5. Visitor in the public gallery - Mr. Dennis Marshall, Secretary General of the C.P.A.67

STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY........................67

1. Senator P.F.C. Ozouf (The Minister for Economic Development) regarding the Fulfilment Industry:.....................................................................67

1. Senator P.F.C. Ozouf :..................................................................67 The Bailiff :...................................................................................69
2. Deputy G.P. Southern :..................................................................69
3. Deputy G.C.L. Baudains:...............................................................70
4. Senator J.L. Perchard:..................................................................70
5. The Connétable of St. Brelade:.........................................................71
6. Deputy J.B. Fox:........................................................................71
7. Deputy G.P. Southern :..................................................................72

2. Deputy R.C. Duhamel of St. Saviour (President of the Chairmen's Committee) regarding the withdrawal of the Code of Practice for Scrutiny Panels and Public Accounts Committee (P.101/2006)......................................................72

5.2.1 Senator M.E. Vibert :....................................................................72

3. Deputy A.J.H. Maclean of St. Helier (Assistant Minister for Economic Development) regarding the future strategy for Jersey Airport.......................................73

2. Deputy C.J. Scott Warr en of St. Saviour:...............................................75
3. Deputy K.C. Lewis :....................................................................75
4. Deputy of St. John:.....................................................................75
5. Deputy G.P. Southern :..................................................................76
6. Deputy P.N. Troy ofSt.Brelade:.......................................................77

PUBLIC BUSINESS.............................................................................78

6. Provision of Pedestrian Crossings (P.60.2006)..........................................78

The Bailiff :...................................................................................78

1. The Connétable of St. Helier:...........................................................78
2. Deputy J.J. Huet:.......................................................................80

3. Deputy G.C.L. Baudains:...............................................................81
4. Deputy J.B. Fox:........................................................................82
5. Deputy C.J. Scott Warr en: ..............................................................82
6. Connétable K.P. Vibert of St. Ouen:....................................................83
7. Connétable T.J. du Feu of St. Peter:....................................................83
8. Deputy G.W.J. de Faye:................................................................84

LUNCHEON ADJOURNMENT PROPOSED..................................................86 The Bailiff :...................................................................................86 Deputy G.W.J. de Faye:......................................................................86 The Bailiff :...................................................................................86

LUNCHTIME ADJOURNMENT...............................................................86

PUBLIC BUSINESS (continued)................................................................86

6. Provision of Pedestrian Crossings (P.60.2006) (continued)............................86

The Greffier of the States (in the Chair):......................................................86

9. Senator P.F. Routier: ...................................................................87
10. Deputy of St. John:.....................................................................87
11. Senator S. Syvret:......................................................................88
12. Deputy D.W. Mezbourian :..............................................................89
13. Deputy J.A.N. Le Fondré of St. Lawrence : .............................................90
14. Senator T.A. Le Sueur:.................................................................91 Deputy ofSt.Mary:..........................................................................91
15. Deputy K.C. Lewis of St. Saviour:......................................................92
16. Deputy of Grouville :....................................................................92 The Bailiff :...................................................................................95

7. Draft Housing (General Provisions) (Amendment No. 23) (Jersey) Regulations 200- (P.109/2006)..............................................................................96

The Bailiff :...................................................................................96

1. Senator T.J. Le Main: ..................................................................96
2. Deputy A. Breckon of St. Saviour:......................................................97
3. Deputy of St. Martin:...................................................................97
4. Senator T.J. Le Main: ..................................................................97 The Bailiff :...................................................................................98

8. Draft Rates (Apportionment) (Jersey) Regulations 200- (P.110/2006).................98 The Bailiff :...................................................................................98

8.1 The Connétable of St. Ouen:............................................................98 The Bailiff :...................................................................................99

9. Draft Electronic Communications (Amendment) (Jersey) Law 200- (P.111/2006)....99

The Bailiff :...................................................................................99 The Greffier of the States:....................................................................99

1. Senator P.F.C. Ozouf :..................................................................99
2. Senator J.L. Perchard:.................................................................100
3. Deputy R.G. Le Hérissier: ............................................................100
4. Deputy P.N. Troy : ....................................................................101
5. Senator P.F.C. Ozouf :.................................................................101 Mr. W.J. Bailhache Q.C., H.M. Attorney General:..........................................101 The Bailiff :..................................................................................102

10. St. Aubin Proposed Land Reclamation and Improvements - Impact Assessment (P.113/2006)............................................................................102

The Bailiff :..................................................................................102

1. Deputy S.C. Ferguson:................................................................103 The Bailiff :..................................................................................105 Senator T.J. Le Main: .......................................................................105 Deputy S.C. Ferguson:......................................................................105
2. The Connétable of St. Brelade:........................................................105
3. Deputy P.N. Troy : ....................................................................106
4. Deputy J.A.N. Le Fondre:.............................................................107
5. Deputy C.J. Scott Warr en: ............................................................107
6. Deputy K.C. Lewis :...................................................................108
7. Deputy G.C.L. Baudains:..............................................................108
8. Deputy J.B. Fox:......................................................................108
9. Deputy G.W.J. de Faye:...............................................................109 10.10The Deputy of St. Martin:.............................................................111 10.11 Deputy J.J. Huet:......................................................................111 10.12 Deputy P.V.F. Le Claire: ..............................................................112 The Bailiff :..................................................................................112 10.13 Deputy A.J.H. Maclean: ..............................................................112 10.14Senator T.J. Le Main: .................................................................112 10.15 Deputy S.Power:......................................................................113 10.16Senator B.E. Shenton:.................................................................113 10.17Senator F.H. Walker :..................................................................114 10.18 Deputy of St. John:....................................................................115 10.19 Deputy R.C. Duhamel: ................................................................115 10.20 Deputy A.J.H. Maclean: ..............................................................115 10.21Senator F.E. Cohen:...................................................................116 10.22 Deputy S.C. Ferguson:................................................................117 The Bailiff :..................................................................................118

11. Draft Amendment (No. 6) of the Standing Orders of States of Jersey (P.116/2006)..119

The Bailiff :..................................................................................120

1. Connétable D.F. Gray ofSt.Clement:.................................................120
2. Senator S. Syvret:.....................................................................120
3. Deputy R.C. Duhamel: ................................................................120
4. Deputy P.N. Troy : ....................................................................120
5. The Connétable of St. Clement:.......................................................121 The Bailiff :..................................................................................121

12. Draft Public Employees (Retirement) (Amendment No. 6) (Jersey) Law (P.118/2006) ..........................................................................................122

The Bailiff :..................................................................................122 Senator F.H. Walker :........................................................................123

1. Deputy I.J. Gorst of St. Clement (Assistant to the Chief Minister - rapporteur):.......123 The Bailiff :..................................................................................123
2. Deputy R.G. Le Hérissier: ............................................................123
3. Deputy I.J. Gorst : .....................................................................123 The Bailiff :..................................................................................124

4. Deputy R.G. Le Hérissier: ............................................................124
5. Deputy I.J. Gorst : .....................................................................124 The Bailiff :..................................................................................124

13. Waterfront Enterprise Board: appointment of Chairman - publication of transcript of in camera debate (P.119/2006) .........................................................124

The Bailiff :..................................................................................124 13.1 Deputy P.V.F. Le Claire: ..............................................................125 The Bailiff :..................................................................................131 Deputy P.V.F. Le Claire: ....................................................................131 The Bailiff :..................................................................................131 Senator S. Syvret:...........................................................................131 Senator W. Kinnard:........................................................................131 The Bailiff :..................................................................................131

ADJOURNMENT..............................................................................131

The Roll was called and the Dean led the Assembly in Prayer.

QUESTIONS

1. Written Questions

1. DEPUTY P.V.F. LE CLAIRE OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE COST OF REMOVING LEACHATE FROM GREEN WASTE AND POTATO WASTE:

Question

As different Committees were responsible in the past for the management of the Island's green waste and composting, is the Minister able to determine from the States' accounting records the total amount that has been spent by the States on removing leachate from green waste/potato waste for each of the years since 1995 to date?

Answer

From 1995 until 2003 the composting and potato waste leachate was managed by the Agriculture and Fisheries Department.

The costs relating to Beauport have been requested within the States for many years. In 2004 a question from the then Deputy of St John was answered as follows –

The original cost estimate was for £150k, ongoing costs are approximately £20,000 per annum for tankering and £8,900 per annum for operation of the pumping station. Maintenance and remedial works continue on an as required' basis with recent civil works modifications totalling £11,500 in 2003.

Costs associated with the disposal of leachate from Crabbé have been investigated. To accomplish this Millennium [?], the previous financial system, has been interrogated. Leachate removal from Crabbé costs an average of £39,676 per annum over the period from 1995 until 2002.

Since moving the operation to La Collette leachate removal has been undertaken by a combination of external contactors and in-house staff. In addition it should be noted that the leachate has been discharged into the sewer system at the abattoir site to minimise the transportation costs. The amount of leachate produced is dependant on the weather and on how much leachate is added back into the compost to control the process.

Leachate removal from La Collette cost between £2,200 and £7,340 per annum over the period from 2003 until 2006.

2. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE IMPLEMENTATION OF THE RECOMMENDATIONS OF THE COMMITTEE OF INQUIRY INTO THE TENDER PROCESS AND AWARD OF THE BUS SERVICES CONTRACT:

Question

Would the Minister identify which of the recommendations, if any, of the Committee of Inquiry into Tender Process and Award of Bus Services Contract, as outlined in its final report R.C.58/2005, have been implemented and which, if any, remain to be implemented, with the reasons why?

Answer

To provide Members with clear answers to the ten recommendations resulting from the Committee of Inquiry into Tender Process and Award of Bus Service contracts, the recommendations R 1 – 10 are copied below in italics with the response from the Minister below each recommendation.

R1 Any project that involves the use of external consultants should have a proper monitoring

programme, with a senior manager of the sponsoring Department made responsible for managing the relationship with the consultants and monitoring their activities. Such a manager should have adequate time and other resources to be able to perform his duties effectively.

Major projects within the department are controlled by a senior manager who is given

specific responsibility for its overall management and delivery.

R2 Any project that relies on the enactment of legislation to grant the Committee (or, in

future, the Minister) the necessary powers, and that is run in parallel with the operational part of the project, must be planned and monitored carefully to ensure that timetables are set with reference to the legislative process and that the two parts of the project do not lose synchronisation with one another.

The extremely short timescale in which the original bus contract legislation was produced

was recognized as a constraint on the original contract. The Minister has obtained law drafting time for 2007 to allow any further changes to be made to the relevant legislation well in time for the 2009 deadline for the existing Connex contract.

R3 Careful consideration should be given as to what should be done in the event that the

States do not enact the necessary legislation as drafted (or at all).

The position concerning the 2009 contract is somewhat different to that of 2002, in that there

is legislation in place that allows the contract to operate. Clearly some refinement would assist in the ongoing development of the Island's public bus service. However, if the changes do not occur, it does not prevent the existing contract from being re-tendered.

R4 In the absence of "Transfer of Undertakings: Protection of Employment" Regulations

such as are in force in the United Kingdom, in the event that a Committee or Minister has to give an undertaking as to future terms and conditions of employment it should be "on terms no less favourable than those in force on [the operative date]."

Since the Committee of Inquiry delivered its report, the States has approved the Employment

Law (Jersey) 2005 which provides a framework for employers.

The recent tender process for the school and summer service considered the procedures and

terms and conditions in place should the contract be awarded to a new operator as part of the evaluation process.

R5 Where the actions of third parties could materially affect an ongoing project, a suitable person from within the sponsoring Department should be assigned to monitor those

activities and report all developments to the person responsible for the overall management of the project.

In line with R1, this is considered to be an integral part of any project management procedure.

R6 E&PSC should take immediate action to determine whether the £186,000 payment in

respect of the shift allowance and of appropriate sums for any services rationalised as a part of the compensation for the shift allowance subsequent to year 1 can be recovered, either from Connex or from any other person. The Committee should also seek advice on whether they should seek to negotiate appropriate adjustments to the contract price in respect of any on-going reduction in services.

The Environment and Public Services Committee referred this matter to the Law Officers

Department for advice and their advice is still awaited.

R7 It is clear that E&PSC accepted liability for payment of the Shift Allowance for the first

year of operation of the Bus Service Contract without the benefit of considered legal advice. We therefore recommend that no Committee, Minister or Department should accept a liability without taking proper legal advice.

This recommendation was accepted and in respect of the recent tender process for the school

and summer service, the Law Officers Department were involved throughout.

R8 Departments should maintain readily accessible, accurate and validated records of all

projects undertaken, and management should foster a culture of reliance on validated fact rather than received wisdom.

The previous Environment and Public Services Committee agreed that relevant records

should be maintained of all projects and it considered that the department already complied with the recommendation.

R9 Senior management within each Department of the States should ensure, so far as

possible, that all relevant information is available to Committee Presidents or Ministers when Answers to Questions from States Members are being prepared.

The Environment and Public Services Committee expressed doubts regarding the basis for

this recommendation.

I am satisfied that senior managers in the department make available to me the necessary

information when preparing answers to States Members questions.

R10 The Greffier of the States should put in place a procedure to ensure that, in the event of

an Inquiry having to examine the records in his care, no alteration can be made to those records (even in such details as the numbering of pages) without the persons conducting the Inquiry being made aware of the proposed alteration and the reasons for it.

This is a matter for the States Greffe to comment on.

R.11 Whenever a sub-committee, steering group or similar subordinate body has been

appointed by a Committee or other superior authority for specific purposes, separate and detailed minutes should be made and preserved of the proceedings of the subordinate body including the bases for its decisions and recommendations.

This recommendation was already fully implemented within the department.

3. DEPUTY S. PITMAN OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING THE USE OF MOBILE PHONES BY DRIVERS AND INCIDENCES OF SPEEDING AND DRINK DRIVING:

Question

1. Would the Minister inform members what policy, if any, the Statesof Jersey Police has on keeping records of drivers using mobile phones? If there is such a policy, when was it implemented?
2. Would the Minister inform members, how many incidents of speeding, drink driving and mobile phone use whilst driving have been recorded in the last three years by the States of Jersey Police?
3. Would the Minister inform members, what current and future campaigns there are, if any, to inform the general public and young people on the dangers of mobile phone use whilst driving?

Answer

1. Local records are kept of drivers reported for driving whilst using their mobile phones in the same way that records are kept for persons reported for any other offences.
2. For the years 2004, 2005 and 2006 (up to the 30thOctober) there have been the following recorded incidents of offences –

Speeding – 936, 1084 and 1461 respectively Drink driving – 283, 240 and 196 respectively Mobile phone use – 345, 254 and 300 respectively.

3. Preventing drivers using mobile phones whilst driving is, and has been, one oftheStatesof Jersey Police's priorities in improving road safety. It will continue to be a priority for the Force.

There is currently a widely publicised Hands Off' campaign aimed at informing the public about the dangers of mobile phone use while driving. The current campaign was started by the Jersey Evening Post following coverage of a local resident whose sister was killed in the U.K. by a person who was thought to have been driving while using a mobile phone. I, as Minister, and the States of Jersey Police support the principle of this campaign. It is an excellent example of a community-led drive to change people's behaviour through peer pressure in a way that enforcement alone never could achieve. The eventual aim must be to entrench a habit of personal responsibility and restraint so that people simply no longer drive and use a mobile phone.

4. DEPUTY S. PITMAN OF ST. HELIER OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE USE OF MOBILE PHONES BY DRIVERS OF VEHICLES OPERATED BY THE DEPARTMENT:

Question

Would the Minister inform members what policy is in place in relation to dangerous driving by drivers of vehicles operated by his Department and, in particular, what procedure, if any, is in place in relation to the action that is to be taken against a driver found to be using a mobile phone whilst driving a vehicle operated by the Department?

Answer Part 1:

If a member of T.T.S. staff is accused of the offence of dangerous driving' whilst in control of a States' operated vehicle, the member of staff would be subject to discipline in line with the disciplinary procedures for the appropriate pay group. In normal circumstances the Department would await the outcome of the court case and if the employee was found guilty then it would proceed with the disciplinary procedure.

Part 2:

With regard to the holding of a mobile phone whilst driving; a departmental policy has been in place since March 1998 which states that –

all staff when called must pull over and stop the vehicle before answering the call'. It continues; "Users of mobile phones should ensure that they have voice call back answer service' programmed into their sets so that they know who has been trying to call them."

If a particular member of staff is reported for holding a mobile phone whilst driving on States' business, the internal disciplinary procedure would again be applied and appropriate action taken.

5. DEPUTY S. PITMAN OF ST. HELIER OF THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING MEASURES TAKEN TO TACKLE DISCRIMINATION:

Question

Would the Minister inform members, what initiatives, if any, his Department has taken to tackle discrimination (and particularly racial discrimination) within the last five years and what progress, if any, has been made in this period?

Answer

Schools and Colleges

In June 2002 the Department worked with P.S.H.E. teachers to produce a policy document entitled "PSHE Curriculum – Foundation Stage to Key Stage 4".

Personal, Social (and) Health Education (P.S.H.E.), including Citizenship education, contributes to the school curriculum by helping to give pupils the knowledge, skills and understanding they need to become informed, active and responsible citizens.

Each of the key stages is split into four strands. Strand 4 is entitled "Developing effective and fulfilling relationships and respecting the differences between people". It is this strand that particularly focuses on discrimination.

Examples: Foundation Stage

Understand that people have different needs, views, cultures and beliefs that need to be treated with respect. Understand that they can expect others to treat their needs, views, cultures and beliefs with respect.

Key Stage 1

Pupils should be taught to identify and respect the differences and similarities between people.

Key Stage 2

Pupils should be taught –

• to realise the nature and consequences of racism, teasing, bullying and aggressive behaviour, and how to respond to them and ask for help;
• to recognise and challenge stereotypes;
• that differences and similarities between people arise from a number of factors, including cultural, ethnic, racial and religious diversity, gender and disability.

Key Stage 3

Pupils should be taught –

• the effects of stereotyping, prejudice, bullying, racism and discrimination arising from whatever source and how to challenge assertively;
• to understand some of the cultural norms in society, including the range of lifestyle and relationships;
• to be assertive in the face of negative pressure and recognise when others need help and how to support them.

Key Stage 4

Pupils should be taught:

• to understand the diversity of different ethnic groups, the power of prejudice and be aware of exploitation in relationships;
• to challenge offending behaviour, prejudice, bullying, racism and discrimination assertively and take the initiative in giving and receiving support;
• to work co-operatively with a range of people different to themselves.

This P.S.H.E. curriculum is used by heads of department and co-ordinators of P.S.H.E. across all of our primary and secondary schools.

In addition, and in support of the Department's comprehensive approach to tacking discrimination, schools also have policies on Anti-Bullying and Equal Opportunities. Breaches of either policy are dealt with under the school's disciplinary procedures.

The Youth Service

The Youth Service has equality and anti-discrimination as key elements that underscore its philosophy and purpose. Youth Workers aim to challenge young people's attitudes, behaviour and language and to raise their awareness of all types of discrimination including issues around race, sexuality, disability and gender. Examples of Projects that have been involved in promoting equality and challenging discrimination are –

• The Youth Inclusion Project that works in partnership with Autism Jersey and Jersey Mencap. There is now a full-time Youth Worker and a team of sessional and volunteer youth workers who are supporting young people with a range of disabilities to access Youth Service provision. The aim is to integrate young people with a disability to have the support to attend their local Youth Project. There are also some specialist Youth Clubs that has been developed for young people with Autism so that they can meet up with friends. Pupils from Hautlieu volunteer at these Youth Clubs and act as buddies'.
• In the summer of 2005 a group of young people from Grands Vaux Youth Project went to Madeira for a week. The focus of this visit was to look at a different culture and to experience different food, music and language. A key theme of the Project was to challenge the young people's stereotypes and perceptions, raising their awareness of global issues and anti-racism.

6. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE AVAILABILITY OF INCOME SUPPORT TO THOSE IN THE SECOND AND THIRD INCOME QUINTILES:

Question

Following his statement, on 24th October 2006, during the debate on proposed exemptions to the new Goods and Services Tax that Income Support would not only cater for those in the bottom income quintile but might even extend to assist those in the second and third quintiles, would the Minister inform members –

1. what evidence he has in terms of numbers of recipients and income levels, based on current calculations, to support his statement?
2. whether he has yet considered the figures setout in Section 5 of the Interim Scrutiny Report on Goods and Services Tax (SR 6/2006 presented to the States on 18th October 2006) showing the impact on G.S.T. on different quintiles and, if so, whether he concurs with the Sub-Panel's conclusions?
3. whether income support will require additional funding if it extends acrossthe quintiles as indicated above?
4. why he chose to introduce this information on quintile spread' of income support in the debate and did not provide this information in prior discussions withtheIncomeSupport scrutiny Sub-Panel?

Answer

1. The precise number of recipients of Income Support and their spread across the income quintiles is unknownatthe moment but my Department is currently collecting datawhichwill provide the information to allow this to be determined.

The evidence on income levels is available from the Household Expenditure Survey, which sets out the income bands for the quintiles and it is these that I quoted. Beneficiaries of the existing benefit schemes can be found in the bottom three quintiles of this income distribution, and on this basis, Income Support, can conceivably, extend similarly.

2. I have not analysed the figures in section 5 ofthe interim Scrutiny Report fully, however I doconcur with the Scrutiny Panel's conclusion that "Clearly IncomeSupport will be far more significant for low-income families than zero-rating."

3. For the avoidance ofdoubt, the spread across the income distribution only occurs because of the differing circumstances and therefore different costs of different families. Not every household in the lower quintile will receive income support,but a large number will. Similarly only a small number of households in the third quintile are likely to qualify for IncomeSupport. I am not surewhether this question concernsthe whole costof Income Supportor the support given against the introduction of G.S.T.

In the case of the effects of G.S.T., I have the assurance of the Minister for Treasury and Resources that those on Income Support will be insulated from the effects of G.S.T. by funds being made available equivalent to those effects.

In the case of the Income Support system itself, given the inequities and disincentives of the existing benefits, it is clear that the system will allow those in greatest need to receive greater support.

4. The quintile spread was published in the Household Expenditure Survey and all I have simply done is equate the quintile boundaries toexisting and likely potential beneficiary incomes. My statement was merely an effort to show how income support can provide support for households depending on household circumstances.

7. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING SUPPORT FOR THE RETAIL SECTOR:

Question

1. On 24th October 2006, in answer toanoralquestion, the Minister statedthat a dedicated post had been created within his Department to work on retail industry matters. Would theMinister inform members what targets, if any, have been set for the delivery of real and measurable assistance to the retail sector by this postholder?
2. Would the Minister inform members whether this post is an additional postand, if so,whether any post has been removed, or subsumed to create it?
3. In reference to the economic pressure on shops brought about by e-commerce, the Minister stated that the ebb and flow was no different to the past'. Does the Minister have any evidence to back up this statement (for example the number of retail start-ups, closures or désastres) and, if so, will he provide this evidence to members?
4. Referring to high retail rental rates, the Minister introduced the phrase capitalisation of high margins in some retail sectors'. Will the Minister explain to members what he meant by this and what concrete steps he can, or will, take to assist the retail sector suffering from high rents?

Answer

(a) The retail sector (including wholesale) is one of the largest in the Jersey economy both in terms of employment and G.V.A. It employs over 7,000 people (16% of the total employed in the Island) and is the largest industry employer outside the finance sector. Wholesale and retail contribute over £200 million in G.V.A. annually (equivalent to 7% of the total economy) equating to over £30,000 G.V.A. per employee.

The retail sector is clearly an important component of Jersey's economy in its own right. In addition, it provides a vital support mechanism to Jersey's success as a finance centre and visitor destination.

In April 2006, a document entitled A Framework for Developing the Retail Sector' was approved by the Council of Ministers. The framework was based on research undertaken and consultation within the retail industry and outlined a progressive and incremental approach to be adopted by Economic Development towards the retail sector.

The primary role of the Retail Strategy Manager is to work with the sector in order to contribute to the overall delivery of the economic growth target of 2%, with low inflation, whilst ensuring that the growth within the sector is managed in an incremental manner, is sustainable and integrates future retail development (for example on the Waterfront) with the existing town core.

Specific targets are -

Ensuring correct policies are in place to maximise productivity within Jersey's retail sector to reach 2% real growth in G.V.A. These include –

• updating legislation on Sunday Trading following a full consultation process;
• addressing implementation issues facing the retail/wholesale sector regarding the introduction of G.S.T. to ensure adverse effects on trading are minimised;
• examining potential for tax free shopping opportunities on goods for export;
• investigating and managing the potentially negative impact of any new legislation on the retail sector. Two current examples of this are the effects of European food labelling legislation and the Proposition to ban the importation of fur products into the Island;
• developing relationships with existing retailers/wholesalers to ensure they have a direct and personal link to government to address issues that may present barriers to growth;
• working with W.E.B. to ensure that policies are in place for the successful integration of the existing town with any new retail developments on the Waterfront;
• working with the Harbours and Airport to facilitate any retail development as part of the implementation of the Retail Framework.

Research and evaluate the health of Jersey's retail sector from an economic perspective and identify and pursue areas which present opportunity for new business growth:

• evaluate and benchmark Jersey's retail environment and competitive position, identifying and pursuing sectors which focus on new business opportunities, both local start ups and inward investment;
• provide a first-stop-shop' for any new business or existing business wishing to expand or trade in Jersey for the first time to ensure that they are encouraged by States policies and procedures. Work in partnership with other Departments where necessary to facilitate business growth (e.g. Population Office, Planning and Environment Department);
• identify and research areas of retail leakage off-island and address these where possible, developing initiatives with local industry partners to stem losses;
• investigate and nurture export opportunities for local retail and wholesale businesses;
• develop and promote a brand identity' for St. Helier to encapsulate the town's character, incorporating the Victorian Markets and al fresco lifestyle, in order to revitalise the local public perception of St. Helier and to promote a strong identity for the town centre retail

sector;

• as part of the forthcoming changes to Jersey.com, ensure that the local retail sector has a strong on-line presence, both for businesses wishing to trade with/in Jersey, and consumers investigating retail destinations;
• facilitate the retail sector's access to the Economic Development Enterprise and Business Development strategy to ensure that the sector receives all possible assistance, including educational initiatives, to create a positive image of a career in the retail sector for the Island's young population.

((b) The Retail Strategy Manager is a new rôle within the Department filled by transferring an

officer from another part of the Department. It is not an additional post.

((c) My answer to an oral question that I answered was and remains a personal observation.

However, as is clear from the other answers to this written question, the Economic Development is for the first time working extremely hard to understand the retail economy, moreover, make decisions based upon evidence. I am happy to discuss and share with the Scrutiny Panel all aspects of the Retail Strategy as they require.

(d) My own explanation for "the concept capitalisation of high margins" is that if there are high margins in certain retail businesses - these high margins sometimes tend to get capitalised in asset prices. This means that the actual premises from which the high margin business operates tends to increase the capital cost and hence rents.

I reiterate that we need to understand the retail economy in order to inform policy making, particularly where there may be doubt as to what isolated elements such as the level of rents may mean.

8. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE ENTERPRISE AND BUSINESS DEVELOPMENT STRATEGY:

Question

1. Following the launch ofthe Enterprise and Business Development Strategy and its associated initiatives, including the Jersey Innovation Initiative, the Pilot Small Firms Loan Guarantee scheme and the Jersey Export Development Initiative, would the Minister inform members what financial resources are required for the overall strategy, broken down to show the amounts for each ofthe individual initiatives, and would he indicate what proportion ofthe sums required are –

1. new funding, and, if so, when and how these funds were agreed; or
2. redirected from existing funding elsewhere in the Department, stating how much has come from which areas?

2. Would the Minister indicate how the Strategy and its associated initiatives are to be delivered and how many, and which, staff will be involved? Would he state whether staff have been redeployed from the delivery ofexisting schemes, such as the Jersey Business Venture and, if so, from which schemes. Are any existing schemes to cease as a result of the new Strategy?
3. Will the Department need to assess which businesses are likely to succeed before allowing themto participate in these initiatives and, ifso,is this an appropriate rôle for his Department?

Answer

1. Thetotal financial resource shown in the approvedStates Strategic Plan requiredtodeliverthe recently  launched  Enterprise  and  Business  Development  Strategy  is  approximately £2.4 million. This is outofthe allocated £16 million Economic Development budget which itself  is  undergoing  a  fundamental  Zero-based  budgeting  approach.  This  sum  has  been allocated against the following existing and new initiatives:

The  Economic  Growth  Plan  that  was  approved  by  the  States  outlined  the  cost  of delivering an Enterprise and Business Development Strategy. These new costs were subsequently refined and, as shown in the States Strategic Plan that was approved on 14 September 2006, the budget for delivering the Enterprise and Business Development Strategy was increased by approximately £1 million. Since then, the whole Department has been engaged in a rigorous business planning process to ensure that the entire cash limit is targeted towards delivering the approved States Strategies. The 2007 Business Plan is in the process of being finalised.

The  existing  2006  budget  of  £1.4 million  shown  as  allocated  to  the  Training  and Employment Partnership (T.E.P.) area of the Department is subsumed within the new total  for  Enterprise  and  Business  Development,  which  will  continue  to  have responsibility  for  the  development  of  workforce  skills  as  a  key  component  of  the Strategy. There will not be any adverse impact on the Department's commitment to workforce development.

2. The delivery ofthe Strategy and its associated initiatives will require the opening of a new Business Centre. Working alongside organisations such as the Jersey Business Venture, and with useof modern technology, this first-stop-shop will deal with all business enquires, deliver customers, needs and manage the portfolio of products and services described in the Strategy.

The staff employed within the Training and Employment Partnership have already started to deliver  parts  of  the  Strategy.  The  existing  staff  complement  is  5.5 F.T.E.  and  the  Chief Executive Officer is currently in discussion with the Chief Minister's Department to increase the Department's total head count by 4.5 F.T.E. in order to deliver the new Strategy fully. The cost of the additional staff has been factored into the overall delivery cost of the Strategy, as shown in the table above.

The delivery of the Strategy will not require the redeployment of any staff from existing schemes such as the Jersey Business Venture, nor will it result in any existing scheme having to cease.

3. All oftheproductsetthat forms the components ofthe Enterprise and Business Development Strategy are designed to comply with States Financial Directions for the award of grants. All products are subject to eligibility criteria and evaluation based upon business plans and/or detailed proposals. All products will be delivered by business advisors acting as account managers located in the new business contact centre to be developed at Jubilee Wharf following E.D.D. relocation in early 2007. In addition to existing staff, who will receive additional training in investment evaluation, a small number of new posts will be created to deliver greater business advice capacity within E.D.D. This service will complement the current Jersey Business Venture which is a grant funded private sector organisation. I am also keen to develop the J.B.V.'s important role in advice to small and medium sized businesses.

The objective of the Enterprise and Business Development Strategy is to assist businesses in the non-financial services sector in order to facilitate the diversification of the sectoral and tax base of Jersey's economy. In doing so, the strategy will increase the productivity and profitability of existing Jersey businesses, increase the export trade potential of Jersey's products and services and deliver increased business birth-rate. This type of economic development activity, with its requirement to asses the ability of "businesses to succeed", is the norm in international jurisdictions, both small and large. In the U.K. alone there are nine English Regional Development Agencies (R.D.A.s) reporting to the Office of the Deputy Prime Minister plus government economic development agencies in Scotland, Wales and Northern Ireland. Regional Government Economic Development Agencies in Europe number many hundreds and global organisations number in the thousands. An example of the activities of one of the English R.D.A.s can be found at http://www.southwestrda.org.uk/  

Applications for all products in the Enterprise and Business Development Strategy will be subject to a thorough assessment. In the case of the Small Firm Loan Guarantee Scheme (S.F.L.G.S.), it is important to note that the Department is underwriting funding that will be provided by Jersey banks. The banks will use their existing risk management processes to evaluate the commercial viability of applications prior to seeking approval from the Department. Similar schemes, operated by the D.T.I. in the U.K. have proven to be very successful with failure rates of between 2 and 3%. Eligibility criteria for the S.F.L.G.S. are:

• The borrower must be registered under Part II of the Regulation of Undertaking and Development (Jersey) Law 1973.
• The licence must have been issued by the Regulation of Undertakings and Development Office, and the undertaking commenced, within the previous 5 years.
• The principal owner(s) of the undertaking must be resident and domiciled in Jersey.
• The guarantee is for a maximum of 75% of a business loan.
• The guarantee can be used as security for business loans of between £5,000 and £250,000.
• The loan must be repaid within a minimum of 2 and maximum of 10 years.
• The borrower can have more than one guarantee, but within the maximum £250,000.
• Annually, the borrower pays to the Government a 2% premium on the value of the outstanding loan.
• Interest rates and loan repayment periods are negotiated between the lender and the borrower and are not influenced by Government.
• A number of sector-specific restrictions will apply.

Evaluation of other forms of grant support delivered through products such as the Jersey Export Development Initiative (J.E.D.I.) and the Jersey Innovation Initiative (J.I.I.) will also be based on defined eligibility criteria and delivery of results.

Strategic objectives, product details and eligibility criteria for the J.E.D.I. product are:

• Advice and support to new and less experienced exporters.
• Information and contacts to help identify and research overseas markets.
• Links to global networks which will help identify new markets.
• Financial assistance to help develop Jersey's export trade will also be available. An eligible company or individual will be entitled to claim support up to a maximum of

£10,000 based on the following formula:

50% of the total eligible costs for the first claim

40% of the total eligible costs for the second claim 30% of the total eligible costs for the third claim 20% of the total eligible costs for the fourth claim 10% of the total eligible costs for the fifth claim

Who is eligible?

• Any Jersey registered business, whose beneficial owner is a Jersey resident.
• Any would-be entrepreneur who has been resident in Jersey for 5 years.

Strategic objectives, product details and eligibility criteria for the J.I.I. are:

• Advice and guidance to new and less experienced inventors.
• Contacts who can advise on how to exploit ideas.
• Professional advice on how to protect an invention.

Financial assistance to help stimulate and develop innovation will also be available. In total, an eligible company, or individual, will be entitled to claim support up to a maximum of £5,000 based on the following formula:

50% of the total eligible costs for the first invention 25% of the total eligible costs for the second invention 15% of the total eligible costs for the third invention 10% of the total eligible costs for the fourth invention

Who is eligible?

• Any Jersey registered business whose beneficial owner is a Jersey resident.
• Any would-be entrepreneur, or inventor, who has been resident in Jersey for 5 years.

9. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE CREATION OF A POPULATION REGISTER:

Question 1

In his response to part (a) of a written question on 24th October 2006, the Chief Minister stated that The Migration Advisory Group recently considered proposals for a population register (following) meetings with the Data Protection Registrar'. Would the Minister inform members –

1. the extent to which anyof the current proposals have changed from those agreed by the States in 2005 (P.25/2005 adopted as amended on 22nd June 2005)?
2. the extent to which the 11 points raised in the summary of issues submitted by the Data Protection Registrar and contained in Appendix 8 of the Shadow Scrutiny Report Migration: monitoring and regulation' (S.R.5/2005 presented to the States on 7th June 2005) have been met?
3. how many meetings the Migration Advisory Group has held since June 2005, and
4. how many meetings have been held with the Data Protection Commissioner?

Answer

1. The proposals being developed are consistent with those agreed in P.25/2005.
2. As noted in the written response to question 1240/5(3045) tabled on 20th October 2006, "The Data Protection Commissioner has been liaised with, and consulted, at each stage of the development ofthe proposals". This consultation takes place with a view to ensuring that the proposals, as they develop, address each of the Eight Data Protection Principles. This is progressing appropriately and will continue to ensure that the principles are addressed, in liaison with the Data Protection Commissioner.
3. The Migration Advisory Group was constituted by the Council of Ministers on the 16th December 2005. Following the establishment ofthe Population Office, the first Migration Advisory Group Meeting took place on the 2nd March 2006. The following Migration Advisory GroupMeetingtook place on12thMay 2006, and the following onthe12thOctober 2006. The next meeting is planned for early December.
4. Meetings have taken place between officers and the Data Protection Commissioner on three separate occasions todiscussthe Population Register.In addition, a rangeof email contacthas taken place, as proposals have been developed. In the interests of addressing Data Protection concerns to the fullest extent these meetings will continue.

Question 2

In answer to paragraph (b) of the question, the Chief Minister stated that registration for the purposes of the population register' would be combined with Social Security registration and that it had been concluded that it would be sensible for the combined registration document or card to incorporate a method of establishing identity, as registration would govern access to employment and housing, and potentially a range of other public services. Would the Chief Minister state –

1. what involvement, if any, the Social Security Department has had to date in this process?
2. what methods of establishing identity are envisaged and who will have responsibility for ensuring the securityofdata?

3. what range of additional other public services' are currently envisaged and at what stage is it anticipated that these will be included?

Answer

1. The Social Security Department participated in the development ofthe Migration Policies, including the concept of a joint registration processes. Having decided the policy approach, discussions at this stage are of a technical nature, particularly in relation to Information Technology. Again, as noted in the written response to question 1240/5(3045) tabled on 20th October 2006, "The Population Officeisworking with officersfrom Information Services who are responsible for partnering a range of departments. These departments include Social Security."
2. Establishing a person's identity is one ofthekey elements of a successful and secure register. As noted by the Data Protection Commissioner in the Formal Response to the Consultation Paper "Monitoring and Regulating Migration"' –

"..the issues of identity fraud and theft must be addressed. To do this successfully, it must

involve the verification of identity to a high level and minimise the opportunities for fraudulent assumption of an individual's identity".

While it would be inappropriate to set out a detailed procedure for verification of identity at this stage, we would look to other jurisdictions to adopt the most sensible and robust procedures, and note and agree with the advice of the Data Protection Commissioner.

In terms of the security of data, each department which used the database would have their own responsibilities, but Data Controller responsibilities would likely reside with the Chief Ministers' Department.

3. Each department would have to make a specific case before access would be granted, including detailsofwhy they required access, and indeed, some assurance assessment overdata security. Thereon, permission would be granted based on the merits of each case and as set out in the law.Havingsaidthat, it would besurprising,andunfortunate,ifthecorepublicservices,such as Health, Education, and Social Security, did not use the Population Register to establish an accurate name and address. Timing will depend on the individual actions of Departments, and indeed, there is some merit to an incremental adoption by Departments.

Question 3

What measures are proposed to ensure that data about address and employer are kept up to date and how will de-registration be enabled when a person leaves the Island or dies, in order to meet the requirement that data held on residents be maintained accurately?

Answer

It is fair to say that maintaining the Population Register up-to-date is one of the greatest challenges. At the same time, it must be remembered that the States already expends significant effort aiming to maintain its current range of name and address databases. In this sense, the challenges will not be new, indeed, they will be lessened by focusing on a single database, and by the technological solutions afforded by a single database (such as being able to identify multiple addresses, conflicting details, and inactivity across a range of services which would strongly suggest having exited the Island). Again, maintenance of the register is largely a question of detailed processes, and will be worked through as proposals develop.

10. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING NEW PENSIONS LEGISLATION:

Question

Notwithstanding the Minister's commitment to a wide-ranging review of pension provision as outlined in the States Strategic plan, item 2.1.2, to start in 2008 for implementation in 2010, as given in responses to previous questions, will the Minister consider separately, in advance of the above review, the introduction of legislation relating to pension schemes similar to the 1997 and 2004 U.K. Pension Acts to address, in particular –

1. the statutory right for trustees of company pension schemes to award cost of living increases;
2. the right of beneficiaries to elect representatives to the boards of trustees of pension schemes;
3. the introduction of a pensions regulator

and, if not, why not?

Answer

As Members are fully aware the Social Security Department is exceptionally busy developing the new Income Support Scheme for implementation in 2007, whilst at the same time administering existing benefits. This initiative represents a fundamental change to the social protection benefit schemes in the Island, the amount of work for which cannot be underestimated. In addition, amongst other initiatives, the Department is working towards the introduction of the next phases of the Employment Law and developing proposals for the Winter Fuel payment which it will also be asked to introduce next year.

The initiative which Deputy Southern is asking the Department to pursue is a significant proposal demanding resources in terms of funds and manpower which the Department does not have for 2007 unless it is to drop an initiative agreed by the States in the Business Plan 2007.

I have already committed to reviewing pension regulation within the wider review of pension reform once the Income Support Scheme is bedded-in and indeed the States have agreed that the Department do so in the Strategic Plan, as well as endorsing the timescale for delivery.

The correct time to amend the Department's initiatives for 2007 was in debating and agreeing the States Business Plan for that year.

11. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE SOURCE OF ADDITIONAL FUNDING GIVEN TO THE BATTLE OF FLOWERS ASSOCIATION:

Question

Would the Minister inform members out of which sources of funding, within the 2006 Economic Development Departmental budget, the additional awards of £50,000 and £45,000 were made to the Battle of Flowers Association?

Answer

The £50,000 additional grant for the Jersey Battle of Flowers was sourced from an approved under- spend carried forward from 2005. This was approved by the Council of Ministers.

The further £45,000 was underwritten by the Tourism Development Fund. However it is likely that this will actually be funded by the 2006 departmental under-spend which arises as a result of the prudent financial management which is practiced throughout the department.

12. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE GRANTS TO SUPPORT EVENT-LED TOURISM:

Question

1. Further tohis written answer on 24th October 2006 concerning funding for event-led tourism, would the Minister list for members the breakdown of which events have been, and will be, supported for each ofthe years 2005, 2006 and 2007 setting outthe amount allocated for each event?
2. Would the Minister clarify what the difference is between grants' and events'in the overall figures which refer to a budget for grants and events'?
3. Foreachof the yearsabove would the Minister specify from which budgeteachgrantorevent was, or will be, sourced, and state, in particular, what other areas ofthe Department's budget were reprioritised to provide the additional £145,000 funding for 2006 he referred to in his previous answer?
4. Would the Minister set out, for each ofthe above years, what sums have been allocated from the Tourism Development Fund (T.D.F.), and in what way, if any, the regulation and terms of use of funds from the T.D.F. funds differ from the use of other funds from the Department?
5. Would the Minister justify his statement made in answer to another written question on 24th October2006 that the proposed allocation of funding for grants and events' for 2007 represents a greater emphasis on event-led components of the Jersey [tourism] offering'when that answer showed that the actual increase in funding from 2005 (actual) to 2007 (proposed) is only £31,500 (£607,500 in 2005 and £639,000 for 2007)?

Answer

1. The attached spreadsheet provides a comparison between the years of 2005 and 2006 for grants made to external organisations by the former Economic Development Committee in 2005 and by the Minister in 2006. Information for 2007 is not yet available as many ofthe grants are still being negotiated. I can however confirm that in line withthe policy of supporting event- led tourism as a major pillar ofthe visitor economy, that there will be a significant investment in this area next year for which a zero based budget has been prepared.
2. In addition to the grants allocated to event organisers for the two years in question, the department has also managed a separate [Jersey Tourism] managed events budget each year.

3. For the avoidance of doubt, I assume that the £145,000 referred to in the question relates to:

1. £50,000 additional from the Battle of Flowers
2. 45,000 additional support for the Battle of Flowers
3. air display

Taking each of the figures in turn, the sources of funding are:

1. carry forward/brought forward from 2005.
2. as answered in the above question. Initial indication that it could be available from the T.D.F.  but  depending  on end of  year  figures,  likely  under  spend  through  prudent accounting for 2006 within the overall budget
3. see under spend fromcarry forward 2005 as agreed by the Council of Ministers.

5. From it's inception in 2001 until the introduction of Ministerial Government the Tourism Development Fund was a Sub-Committee of the Economic Development Committee. It is now an Independent Panel, comprising four members, chaired by Mr. John King and carrying out essentially the same function as the Sub-Committee, i.e. review applications for funding for tourism related projects in line with the agreed criteria. Annual reports have been submitted to Members each year. In 2005 a totalof £1,466,310 was committed for various projects and in 2006 £187,900 has been committed to date.
6. The question relates to comparative budgets for event-led tourism from 2005 to 2006 and 2007. The Deputy will be well aware ofthe F.S.R. cuts that were imposed on the former Economic Development Committee for budget year 2006. The Committee ofthe day made it clear that they would deliver F.S.R. savings by reducing the event-led tourism budget. I have made it clear that I did not support the cutting-back of event-led tourism budgets and have therefore worked with the department to find alternative ways of increasing the funding for event-led tourism. Event-led tourism is a vital component of our own ideas and strategies concerning the revitalisation ofthe tourism economy. Moreover the department is now working much more closely than in the past with the Education, Sport and Culture – specifically the Assistant Minister with responsibility for Culture and the new Cultural Co-ordinator to better co-ordinate cultural and tourism and the event-led programme.

13. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE PROPOSED STABILISATION FUND: Question

Would the Minister state from where he anticipates sourcing the additional £40-£70 million to build-up the proposed Stabilisation Fund to the target level set out in P.133/2006 when the current financial forecasts show predicted revenue deficits in the coming years?

Answer

The guideline in the new fiscal framework is to build the Stabilisation Fund up to 15-20% of annual expenditure in the medium term. This can be achieved in a number of different ways.

Firstly, there may be a possibility to transfer money from the Consolidated Fund. The financial forecasts show that the Consolidated Fund will rise to £112m by 2009 and there may be scope to transfer some of that money into the Stabilisation Fund depending on how the forecasts for 2010 onwards look nearer the time and advice from the new Fiscal Policy Panel.

Secondly, there is also the possibility that if the States sell certain investments in coming years that some of the proceeds could be transferred to the Stabilisation Fund.

Thirdly, where States revenue comes in higher than expected, for example as a result of a better than expected economic performance or one-off exceptional receipts as in 2006, then there will be the possibility of transferring those additional tax receipts into the Stabilisation Fund.

Finally, the new Fiscal Framework proposes that when the economy is performing strongly it will be necessary to adjust States revenue and expenditure so that the States runs a surplus and is able to transfer the funds into the Stabilisation Fund. This is something that the Fiscal Policy Panel will advise on in due course.

The current financial forecasts only project significant deficits for the years 2010 and 2011 and there is a high degree of uncertainty surrounding these figures. However, should it be clear nearer the time that such deficits are likely to arise and the economy is still performing strongly then the sensible economic approach will be to adjust States income and expenditure accordingly so that payments can be made into the Stabilisation Fund.

14. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE NEW SUMMER AND SCHOOL BUS CONTRACTS:

Question

1. Would the Minister provide to members the contentof advice he received from the Jersey Competition Regulatory Authority regarding the tender process recently completed for the school bus and leisure services contracts, and the potential for a reduction in competition thereby produced?
2. In his answer to an oral question on 24th October2006 the Minister stated that it was the opinion of my advisors - and indeed, myself - that the estimate submitted by Connex for the proposed summer service was indeed optimistic, which is why we did not base our calculations on those estimates'. Would the Minister supply members with a detailed account of the measures used by his Department to calculate the estimated revenues for the proposed summer service?

Answer

1. In January 2006, when the future operation of the school and leisure serviceswere being considered,advice was sought from the Jersey Competition Regulatory Authority (J.C.R.A.). The process for the intervening period 2007-9 was discussed and the plans for the tender process outlined for both the school and summer services. While the J.C.R.A. were happy to provide guidance on the implications (if any) of the Competition (Law) 2005,theydid not see their roleasbeingthatofregulatorundertheMotorTraffic (Jersey) Law1935.Thecontentof the advice from the J.C.R.A. did not extend to the potential reduction in competition. Discussions withthe J.C.R.A. indicated that a tender process was considered to provide a sufficient competitive element.

2. During the tender process, bothcontractorswereadvisedoftheactual income for theEasylink service for 2005. The evaluation procedure identified that the projected income shown in the Connex tender for the summer service was optimistic. As a result, the financial evaluation of the Connex tender applied theactual 2005 and projected 2006 Easylink income, uplifted this figure as the Connex service willoperate seven days per week as opposed to the Easylink sixday service, then applied a range of sensitivities to this new projected income.

When the Minister considered both tenders, the income level proposed by Connex and the alternatives calculated by the department were available to demonstrate the difference in cost between the two tenders and the overall cost to the States of Jersey depending on the final income level achieved by Connex.

15. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE ZERO/10' TAX PROPOSALS:

Question

1. Would the Minister inform members whether he has sought advice on whether the latest changes to the Zero/10' proposals, made in the light of the scrutiny report, cause the measures to conflict with the E.U. Code of Conduct on Business Taxation in that under the deemed/actual distribution rules, a company could beseenasacting as agent for the beneficial owners and, if not, why not?
2. What progress, if any, has been made in assessing the Blampied proposal' torecouptax on non-local companies asput forward as a replacementofthe R.U.D.L.' charge bytheScrutiny Panel and, in particular, hashe researched whether the proposals would be accountable against U.K. company profits tax and be acceptable under the E.U. Code of Conduct on Business Taxation?

Answer

1. Yes, I did receive advice before proposing the actual/deemed distribution rules, and I would not be proposing them if I did not believe they were acceptable.
2. The Blampied proposals' are not part of the Zero/10' proposals to be lodged shortly as there has been too little timeto give them the careful and considered examination that they merit. However,theywill be considered separately oncetheZero/10' draft law has been debated by the States Assembly in January. Ifthey are then thought to be a desirable route to proceed, they could bebroughttotheStatesforapprovalinthe2008BudgetinDecembernext year, so there is still plentyof time to consider the question ofwhethersuch a taxcharge would be creditable against U.K. tax and would accord with the E.U. Code of Conduct.

16. THE MINISTER FOR ECONOMIC DEVELOPMENT WILL TABLE AN ANSWER TO A QUESTION ASKED BY DEPUTY G.P. SOUTHERN OF ST. HELIER REGARDING THE DELAY OF FLYBE FLIGHT BE953 FROM LONDON GATWICK ON 28TH OCTOBER 2006:

Question

Would the Minister inform members what action, if any, he or either of his Assistant Ministers took on Saturday 28th October 2006 to request Flybe to delay the departure of flight BE953 from Gatwick, what costs, if any, were incurred as a result of the delay and would he state who will be paying these costs?

Answer

At approximately 7.30 p.m. Saturday, 28th October, I received a telephone call from one of the director-promoters from the event which was being held at Fort Regent. He asked if Economic Development had any contacts at Flybe as one of the main line-up artists had been refused check-in due to the weight of some sound equipment which exceeded the Gatwick Airport item restriction of 32 kilos. I was advised that the passenger and an assistant had presented himself for check-in well in advance.

After contacting my Assistant Minister, in the space of the next five minutes, I spoke to the Operations Director of Flybe and drew his attention to the issue that had been explained to me. He said that he would contact Gatwick Airport and ascertain if anything could be done to ensure the passenger travelled.

The Operations Director at Flybe made an operational decision to allow the passenger and his equipment to fly and this resulted in the delay of the flight.

The flights landed at 21:43. The charge for the airport extension was £620 and covers all airport staff and operating costs. It is being billed and paid for by the promoters of the event.

I take this opportunity of recognising the fact that Flybe were prepared to make a decision which was designed to assist a local event, but also to apologise to the other passengers who were inconvenienced by the delayed flight.

17. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE PROVISION OF 3-BEDROOM HOUSES:

Question

1. Following therecent publication of figures inthe United Kingdom showing the significant fall in the number of3-bedroom houses being built in the last ten years, and the large increase in the numberof 1 and2-bedroom flats being built, would theMinister inform members whether he has available the equivalent figures over the past decade for Jersey in –

1. the private sector, and
2. the States sector

both for rental and purchase?

2. What steps, if any, is the Minister planning totaketo ensure that sufficient family homes are built in Jersey in the future?
3. Would the Minister further inform members ofthecurrent projected figures his Department is working with for building in the above categories over the coming 5-year period?

Answer

1. Data relating to housing construction in Jersey is calculated in a different way and the figures are not directly comparable.

Total completions by Sector for the period are set out in Table 1.

There are available annual net figures for Category A home completions since 2002 (when the Island Plan was adopted), by size, as set out in Table 2.

Information on home completions since 2005, by Size and Type, is set out in Table 3. The Category B figures for this table are derived from application descriptions, which, in many cases, do not specify dwelling size and/or type.

2. The Island Plan is the main instrument for addressing housing requirements. It makes provision for the development of homes by providing the market with opportunities to undertake residential development throughtheuseofenablingplanningpolicies.Inthecaseof land that is specifically identified for the purposes of meeting the particular areas of the Island's housing need in the Island Plan the Minister for Planning and Environment is able to exercise controlover the type of accommodation provided. This is enabled through the use of development briefs. Outside ofthis mechanism, the nature of homes that are developed is largely market-led.