States Meeting Transcript - 28/03/2006

STATES OF JERSEY

OFFICIAL REPORT

TUESDAY, 28th MARCH 2006

PETITIONS ........................................................................................7

1. Deputy J.B. Fox: ............................................................................7 QUESTIONS.......................................................................................7

1. WRITTEN QUESTION TO THE MINISTER FOR HEALTH AND SOCIAL SERVICES BY DEPUTY R.G. LE HERISSIER OF ST. SAVIOUR REGARDING PROCEDURES FOR THE INDEPENDENT INVESTIGATION OF COMPLAINTS ......................................7
2. WRITTEN QUESTION TO THE MINISTER FOR EDUCATION, SPORT AND CULTURE BY THE CONNETABLE OF ST. HELIER REGARDING THE INCLUSION OF A NURSERY UNIT IN THE REDEVELOPMENT OF ST. PETER'S PRIMARY SCHOOL AND THE ALLOCATION OF FREE PLACES IN STATES DAY-NURSERIES.........................8
3. WRITTEN QUESTION TO THE CHIEF MINISTER BY THE CONNETABLE OF ST. HELIER REGARDING THE COMMUNICATION OF DECISIONS BY THE COUNCIL OF MINISTERS AND MINISTERS TO STATES MEMBERS ...................................9
4. WRITTEN QUESTION TO THE MINISTER FOR EDUCATION, SPORT AND CULTURE BY DEPUTY R.G. LE HERISSIER REGARDING PLACES FOR HIGHER EDUCATION IN GEOGRAPHICAL AREAS OUTSIDE THE U.K., AND STUDENT LOANS................11
5. WRITTEN QUESTION TO THE CHAIRMAN OF THE PRIVILEGES AND PROCEDURES COMMITTEE BY DEPUTY R.G. LE HERISSIER OF ST. SAVIOUR REGARDING THE PROPOSED FREEDOM OF INFORMATION LAW........................................11
6. WRITTEN QUESTIONS TO THE MINISTER FOR HOME AFFAIRS BY DEPUTY R.G. LE HERISSIER OF ST. SAVIOUR REGARDING THE BUDGET FOR H.M. PRISON, LA MOYE, THE PURCHASE OF A RECENT POLICE SPEED CAR, AND THE

IMPLEMENTATION OF THE 2001 H.M.I. REPORT OF H.M. PRISON, LA MOYE........12

7. WRITTEN QUESTION TO THE CHIEF MINISTER BY DEPUTY R.G. LE HERISSIER OF ST. SAVIOUR REGARDING COMING INTO FORCE OF THE LAW SOCIETY OF JERSEY LAW AND ANTI-DISCRIMINATION LEGISLATION .............................16
8. WRITTEN QUESTION TO THE MINISTER FOR HOME AFFAIRS BY DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT REGARDING MATTERS RELATING TO FIREARMS....17
9. WRITTEN QUESTION TO THE MINISTER FOR TREASURY AND RESOURCES BY SENATOR B.E. SHENTON REGARDING APPLICATION OF FRS17 IN ACTUARIAL REPORTS ON PUBLIC SECTOR PENSION SCHEMES..................................19
10. WRITTEN QUESTIONS TO THE MINISTER FOR TREASURY AND RESOURCES BY DEPUTY G.P. SOUTHERN OF ST. HELIER REGARDING MATTERS RELATING TO TAX REFORS, THE IMPACT OF GST ON FEE-PAYING SCHOOLS AND HIS POSITION AS A GOVERNOR OF ONE SUCH SCHOOL...................................................19
11. WRITTEN QUESTIONS TO THE CHIEF MINISTER BY DEPUTY G.P. SOUTHERN OF ST. HELIER REGARDING COMMUNITY INVOLVEMENT INITIATIVES AND MATTERS RELATING TO THE DRAFT STRATEGIC PLAN 2006-2011..............................21
12. WRITTEN QUESTIONS TO THE MINISTER FOR SOCIAL SECURITY BY DEPUTY G.P. SOUTHERN OF ST. HELIER REGARDING MATTERS RELATING TO THE DRAFT STRATEGIC 2006-2011, THE CALCULATION OF GROSS AND NET REPLACEMENT RATES FOR JERSEY AS RELATED TO PENSIONS, INCOME LEVELS RELATING TO THE LOSS OF HIE, THE UPDATING OF THE INCOME DISTRIBUTION SURVEY, AND THE REFURBISHMENT OF OAKFIELD INDUSTRIES....................................23
13. WRITTEN QUESTION TO THE MINISTER FOR HOUSING BY DEPUTY G.P. SOUTHERN OF ST. HELIER REGARDING ESTIMATED RENT REBATE IN RESPECT

OF LE COIE' DEVELOPMENT AND THE TOTAL COST OF THE DEVELOPMENT TO THE PUBLIC..............................................................................27

3. Oral Questions -...........................................................................28

1. Senator B.E. Shenton:................................................................28

1. Senator P.F.C. Ozouf (The Minister for Economic Development):....................28
   2. Deputy J.A. Martin of St. Helier of the Chief Minister regarding evidence in support of balance between the delivery of better services and the maintenance of a sustainable level of spending: ....................................................................28 Senator F.H. Walker (The Chief Minister):....................................................28

1. Deputy G.P. Southern of St. Helier:..................................................28
2. Connétable A.S. Crowcroft of St. Helier:..............................................29
3. Deputy G.P. Southern : ...............................................................29
4. Deputy J.A. Martin:...................................................................29
5. Deputy G.P. Southern : ...............................................................29

3. Deputy A. Breckon of St. Saviour of the Minister for Social Security regarding the adequacy of the minimum wage rate:................................................29 Senator P.F. Routier (The Minister for Social Security):......................................29

1. Deputy A. Breckon: ..................................................................30
2. Deputy G.P. Southern : ...............................................................30
3. Deputy P.V.F. Le Claire of St. Helier : ................................................30
4. Deputy A. Breckon: ..................................................................31
5. Deputy G.P. Southern : ...............................................................31
6. Deputy G.P. Southern : ...............................................................31
7. Deputy S.C. Ferguson of St. Brelade:................................................31
8. Deputy J.A. Martin:...................................................................32
9. Senator J.L. Perchard:................................................................32
10. Deputy P.V.F. Le Claire:...........................................................32
11. Deputy P.V.F. Le Claire:...........................................................33
12. Deputy A. Breckon:................................................................33

4. Connétable A.S. Crowcroft of St. Helier of the Minister for Education, Sport and Culture regarding the delay in the formation of detailed options for early years

education:............................................................................33 Deputy J.B. Fox of St. Helier (Assistant Minister for Education, Sport and Culture):..........33

1. Deputy G.P. Southern : ...............................................................34
2. The Connétable of St. Helier : ........................................................34
3. Deputy J.A. Martin:...................................................................34
4. Deputy P.V.F. Le Claire:..............................................................35
5. The Connétable of St. Helier : ........................................................35

5. Deputy A. Breckon of St. Saviour of the Minister for Economic Development regarding the cost and appropriateness of involvement in recent visit to the Middle East:......35 Senator P.F.C. Ozouf (The Minister for Economic Development):............................35

1. Deputy A. Breckon: ..................................................................36
2. Deputy J.A. Martin:...................................................................36
3. Deputy G.P. Southern : ...............................................................37
4. Deputy P.V.F. Le Claire:..............................................................37

6. Deputy G.P. Southern of St. Helier of the Minister for Treasury and Resources regarding progress on the package of tax measures in the fiscal strategy:...........37 Senator T.A. Le Sueur (The Minister for Treasury and Resources):..........................38

1. Deputy G.P. Southern : ...............................................................38
2. Deputy G.P. Southern : ...............................................................38
3. Deputy G.P. Southern : ...............................................................39

7. Deputy J.A. Martin of St. Helier of the Chairman of the Comité des Connétable s regarding cessation of firearms licence-issuing by the Connetables pending review of the Law:..............................................................................39 Connétable K.P. Vibert of St. Ouen (Chairman of the Comité des Connétable s):............39

1. Deputy G.C.L. Baudains of St. Clement:..............................................39
2. Deputy S.C. Ferguson:...............................................................40

3. Senator S. Syvret:....................................................................40
4. Deputy J.A. Martin:...................................................................40
5. Connétable D.J. Murphy of Grouville :................................................41
6. Deputy A.D. Lewis of St. John:.......................................................41
7. Deputy G.C.L. Baudains:.............................................................41
8. Deputy F.J. Hill of St. Martin:.........................................................41

8. Deputy R.G. Le Hérissier of St. Saviour of the Minister for Education, Sport and Culture regarding policy options relating to the cost of top-up fees for higher education:............................................................................41 Deputy J.B. Fox (Assistant Minister for Education, Sport and Culture):.......................41

1. Deputy G.P. Southern : ...............................................................42
2. Senator B.E. Shenton:................................................................42
3. Deputy R.G. Le Hérissier:............................................................42
4. The Deputy of St. John:..............................................................43
5. Deputy G.P. Southern : ...............................................................43
6. Deputy R.G. Le Hérissier:............................................................43
7. Senator J.L. Perchard:................................................................44
8. Deputy G.P. Southern : ...............................................................44
9. Deputy D.W. Mezbourian of St. Lawrence:...........................................44

9. Deputy G.P. Southern of the Minister for Economic Development regarding the impact on Jersey Post revenues of revised fulfilment policy:.................................45 Senator P.F.C. Ozouf (The Minister for Economic Development):............................45

1. Deputy R.G. Le Hérissier:............................................................45
2. Deputy G.P. Southern : ...............................................................45
3. Deputy G.C.L. Baudains:.............................................................46
4. Deputy G.C.L. Baudains:.............................................................47

10. Deputy R.G. Le Hérissier of the Minister for Health and Social Services regarding the future provision of cardiology services:...............................................47 Senator S. Syvret (Minister for Health and Social Services):..................................47

1. Deputy R.G. Le Hérissier:..........................................................48
2. Deputy R.G. Le Hérissier:..........................................................48
3. Deputy R.G. Le Hérissier:..........................................................49

11. Deputy S.C. Ferguson of the Minister for Home Affairs regarding the press interview with the Deputy Chief Officer of Police in relation to firearms:........................49 Senator W. Kinnard (Minister for Home Affairs):..............................................49

1. Deputy S.C. Ferguson:............................................................49
2. Connétable G.W. Fisher of St. Lawrence:..........................................50
3. Connétable T.J. du Feu of St. Peter:...............................................51
4. Deputy R.G. Le Hérissier:..........................................................51
5. The Connétable of St. Peter:......................................................51
6. The Connétable of St. Lawrence : ..................................................51
7. The Deputy of St. Peter:...........................................................52
8. Deputy G.C.L. Baudains:..........................................................52
9. The Deputy of St. Martin:..........................................................52
10. Deputy J.A.N. Le Fondré of St. Lawrence:.........................................53
11. Deputy K.C. Lewis of St. Saviour:..................................................53
12. Senator J.L. Perchard:.............................................................53
13. Deputy S.C. Ferguson:............................................................53
14. Deputy S.C. Ferguson:............................................................54
15. Senator J.L. Perchard (point of clarification):......................................54
    16. Deputy P.N. Troy of St. Brelade:...................................................54

12. Senator S. Syvret of the Minister for Home Affairs regarding her satisfaction with the provisions of the Firearms (Jersey) Law 2000:.......................................55 Senator W. Kinnard (Minister for Home Affairs):..............................................55

1. Senator S. Syvret: .................................................................55
2. Deputy G.C.L. Baudains:..........................................................55
3. Deputy J.J. Huet of St. Helier:......................................................56

4. The Connétable of St. Helier:......................................................56
5. Senator S. Syvret: .................................................................56
6. The Connétable of Grouville :......................................................57
7. The Deputy of St. Martin:..........................................................57
8. Connétable M.K. Jackson of St. Brelade:..........................................58
9. The Connétable of St. Peter:......................................................58

13. Senator S. Syvret of the Chairman, Comité des Connétable s regarding the discharge of duties by Connetables under the Firearms (Jersey) Law 2000:....................58 Connétable K.P. Vibert of St. Ouen (Chairman, Comité des Connétable s):..................59

1. Senator S. Syvret: .................................................................59
2. Deputy S.C. Ferguson:............................................................59
3. Deputy R.G. Le Hérrissier:.........................................................59
4. Senator P.F.C. Ozouf :.............................................................59
5. Senator S. Syvret: .................................................................60

14. Deputy G.C.L. Baudains of St. Clement of the Minister for Home Affairs regarding definition of automatic weapons as "prohibited weapons":............................60 Senator W. Kinnard (The Minister for Home Affairs):.........................................60

1. Deputy G.C.L. Baudains:..........................................................60
2. The Deputy of St. Peter:...........................................................61
3. Deputy P.N. Troy :..................................................................61
4. The Connétable of St. Ouen:......................................................61
5. Deputy S.C. Ferguson:............................................................61
6. Deputy G.C.L. Baudains:..........................................................62

15. Senator B.E. Shenton of the Chief Minister regarding his confidence in the Minister for Home Affairs following publication of H.M.I. report on H.M. Prison La Moye:.........62 Senator F.H. Walker (The Chief Minister):....................................................62

1. Senator B.E. Shenton:.............................................................62
2. Senator J.L. Perchard:.............................................................63
3. Deputy R.G. Le Hérissier:..........................................................63
4. The Very Reverend R.F. Key, The Dean of Jersey:................................63

4. Questions to Ministers without notice - The Minister for Home Affairs.....................64

1. Deputy S.C. Ferguson:...............................................................64 Senator W. Kinnard (The Minister for Home Affairs):.........................................64
2. The Deputy of St. Martin:.............................................................64
3. The Deputy of St. Martin:.............................................................64
4. Deputy J.A.N. Le Fondré:............................................................64
5. Deputy A. Breckon: ..................................................................65
6. The Deputy of St. Peter:..............................................................65
7. Senator L. Norman:..................................................................65
8. Deputy C.J. Scott Warr en of St. Saviour:.............................................66
9. Deputy I.J. Gorst of St. Clement:.....................................................66
10. Deputy P.N. Troy :....................................................................67
11. Deputy G.P. Southern : ...............................................................67
12. Deputy D.W. Mezbourian : ............................................................67
13. Deputy S. Pitman of St. Helier:.......................................................68

5. Questions without notice - The Minister for Treasury and Resources......................68

1. Deputy G.P. Southern : ...............................................................68 Senator T.A. Le Sueur (Minister of Treasury and Resources):................................68
2. The Deputy of St. John:..............................................................68
3. Deputy S.C. Ferguson:...............................................................68
4. Deputy P.J.D. Ryan of St. Helier:.....................................................69

7. Senator B.E. Shenton:................................................................70
8. The Deputy of St. Martin:.............................................................70
9. Deputy S. Pitman: ....................................................................70
10. Deputy A. Breckon: ..................................................................71
11. The Deputy of St. Martin:.............................................................71
12. Deputy G.P. Southern : ...............................................................71

13. Senator J.L. Perchard:................................................................71
14. Deputy J.A. Hilton of St. Helier:......................................................72
15. Deputy P.J.D. Ryan:..................................................................72
16. Deputy J.A. Hilton:....................................................................72
17. Deputy G.P. Southern : ...............................................................72
18. The Bailiff :............................................................................73

PERSONAL STATEMENTS......................................................................73 6. Deputy G.W.J. de Faye (The Minister for Transport and Technical Services) - regarding the

location of the Energy from Waste and Compost Plants:.....................................73

1. Deputy P.J.D. Ryan:..................................................................73
2. The Connétable of St. Helier : ........................................................73
3. Deputy G.P. Southern : ...............................................................74
4. Senator P.F.C. Ozouf :................................................................74
5. Deputy R.C. Duhamel:................................................................74
6. The Connétable of St. Helier : ........................................................75
7. Senator P.F. Routier:.................................................................75

CONSIDERATION OF ADJOURNMENT..........................................................75

7. Senator P.F.C. Ozouf :.....................................................................75 The Bailiff :......................................................................................76 Senator F.H. Walker (The Chief Minister):......................................................76 The Bailiff :......................................................................................76

PUBLIC BUSINESS...............................................................................76

8. Waterfront Enterprise Board Limited: appointment of directors (P.30/2006)...............76

1. Senator F.H. Walker (The Chief Minister):............................................76
2. Deputy P.V.F. Le Claire:..............................................................77
3. Deputy J.A. Martin:...................................................................77
4. Deputy G.C.L. Baudains:.............................................................77
5. Deputy S.C. Ferguson:...............................................................77
6. Deputy G.P. Southern (point of order):...............................................77
7. Senator F.H. Walker (The Chief Minister):............................................77

ADJOURNMENT..................................................................................78 RECOMMENCEMENT ............................................................................78

9. Draft Postal Services (Transfer) (Jersey) Regulations 200- (P.9/2006) ....................78

1. Senator T.A. Le Sueur (The Minister for Treasury and Resources): ..................78
2. Deputy G.P. Southern : ...............................................................80
3. Senator P.F.C. Ozouf :................................................................80
4. The Bailiff :............................................................................81
5. Senator T.A. Le Sueur:...............................................................81
6. Deputy R.C. Duhamel:................................................................81
7. Senator P.F.C. Ozouf :................................................................81
8. The Deputy of St. John:..............................................................82
9. Senator P.F. Routier:.................................................................82
10. Deputy A. Breckon: ..................................................................83
11. Deputy J.A.N. Le Fondré:............................................................83
12. The Bailiff :............................................................................83
13. Senator S.Syvret:....................................................................83
14. The Connétable of St. Brelade : ......................................................84
15. Deputy P.V.F. Le Claire:..............................................................84
16. The Connétable of St. Helier : ........................................................84
17. The Bailiff :............................................................................84
18. The Connétable of St. Lawrence:....................................................84
19. Deputy C.J. Scott Warr en:............................................................85
20. Deputy G.W.J. de Faye:..............................................................85
21. Deputy P.N. Troy :....................................................................86
22. Senator W.Kinnard:..................................................................86
23. Deputy J.A. Martin:...................................................................86
24. Deputy K.C. Lewis of St. Saviour:....................................................87

25. Senator F.H. Walker :.................................................................87
26. Senator J.L. Perchard:................................................................88
27. Deputy J.G. Reed of St. Ouen:.......................................................88
28. Senator T.A. Le Sueur (Minister of Treasury and Resources):........................88
29. The Bailiff :............................................................................89
30. Deputy G.P. Southern : ...............................................................89

NOTIFICATION OF LODGED PROPOSITIONS..................................................90

10. Draft Restriction on Smoking (Amendment No. 2) (Jersey) Law 200- (P.35/2006) ......90

10.1 Senator S. Syvret:....................................................................90 PUBLIC BUSINESS (continued) ................................................................91

11. Draft Water Pollution (Amendment No. 2) (Jersey) Law 200- (P.11)....................91

1. Senator F.E. Cohen (The Minister for Planning and Environment):...................91
2. Senator S. Syvret:....................................................................92
3. Deputy P.N. Troy :....................................................................93
4. Deputy G.W.J. de Faye:..............................................................93
5. Senator P.F.C. Ozouf :................................................................93
6. Deputy P.V.F. Le Claire:..............................................................94
7. Senator F.E. Cohen:..................................................................94
8. The Bailiff :............................................................................94
9. Senator F.E. Cohen:..................................................................94
10. Deputy G.W.J. de Faye: ...........................................................95
11. Senator F.E. Cohen................................................................95
12. The Bailiff : .........................................................................95 Deputy P.N. Troy :............................................................................95

12. Sea Transport: revised policy (P.24/2006)..............................................95

1. Deputy J.B. Fox:......................................................................96
2. Senator P.F.C. Ozouf (Minister for Economic Development):........................96
3. Deputy J.B. Fox:......................................................................96
4. Senator P.F.C. Ozouf :................................................................98
5. Deputy G.P. Southern : ..............................................................102
6. Deputy P.V.F. Le Claire:............................................................103
7. Deputy P.N. Troy :...................................................................104
8. Deputy K.C. Lewis :..................................................................104
9. Deputy A. Breckon: .................................................................105
10. Deputy S.C. Ferguson:...........................................................106
11. Deputy C.J. Scott - Warr en:........................................................107
12. Deputy R.G. Le Hérissier:........................................................107
13. The Deputy of St. John:..........................................................108
14. Deputy A.J.H. MacLean of St. Helier : ............................................108
15. Senator M.E. Vibert :..............................................................110
16. Deputy J.B. Fox:..................................................................111

Senator M.E. Vibert :...........................................................................115 The Deputy of St. John:........................................................................115 Senator F.H. Walker :..........................................................................115 Senator P.F.C. Ozouf :.........................................................................115

13. Composting facilities at La Collette II: approval by States Assembly (P.31/2006)......117

1. The Connétable of St. Helier : .......................................................117
2. Deputy G.W.J de Faye:.............................................................118
3. The Bailiff :..........................................................................118
4. Senator T.A. Le Sueur:..............................................................119

Deputy G.W.J. de Faye:.......................................................................119 ARRANGEMENT OF PUBLIC BUSINESS FOR FUTURE MEETINGS..........................119

14. The Connétable of St. Clement:.......................................................119

ADJOURNMENT................................................................................121

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

PETITIONS

The Bailiff :

Under H, I have notice of a petition to be lodged by Deputy Fox.

Deputy J.B. Fox of St. Helier : May I say a couple of words?

The Bailiff :

You may, Deputy .

1. Deputy J.B. Fox:

In support of this petition by one of the residents - Judy Beaumont - who has gone around and, with support, obtained 434 signatures, she would like it to be brought to the attention of the appropriate body so that we can ensure that the Department can get the necessary funding and resources to be able to improve the obnoxious smells that are occurring in the Bellozanne area from the current sewerage works. She would also like to bring to their attention that, in fact, although there is a signature on this document, often it represents a family - a whole household. I thank you, Sir. I would like to present the petition right away.

The Bailiff :

Thank you, Deputy . The petition is presented and the proposition is lodged. Would you like that referred to the Minister for Transport and Technical Services?

Deputy J.B. Fox: Yes, please.

The Bailiff :

Very well. It will be at once referred to the Minister.

QUESTIONS

2. Written Questions -

1. WRITTEN QUESTION TO THE MINISTER FOR HEALTH AND SOCIAL SERVICES BY DEPUTY R.G. LE HERISSIER OF ST. SAVIOUR REGARDING PROCEDURES FOR THE INDEPENDENT INVESTIGATION OF COMPLAINTS

Question

Will the Minister give the date, if any, upon which procedures for independent investigation of complaints will come into effect?

Answer

The former Health and Social Services Committee agreed to introduce a complaints policy in 1992 which has been effective since 1993. The Health and Social Services Department has reported annually on its number and nature of complaints since 1996. But it was only in 2004 that a dedicated complaints coordinator was introduced to the service so that a formal complaints procedure could be implemented. This has meant that patients, relatives and carers now have clear access to procedures to register formal complaints and feedback on the quality of services. The Department values the contribution that these complaints make to continuously improving services for patients and clients.

The reality of the situation is that the number of complaints that the Department receives is very low. In 2005 it received 154 complaints for all Health and Social Services areas. When one considers that the General Hospital alone dealt with over 170,000 attendances last year, (actual 174,727 - in patient, out patient, day cases and A&E attendances), that represents less than one complaint for every 1000 patient interactions. This figure becomes even lower when one includes all the activities and attendances for Social Services, Overdale and St Saviour sites.

The Department has just received an independent survey of patient satisfaction at the Jersey General Hospital by the Picker Institute in March 2006. It reveals high levels of satisfaction with the services provided with 96% of respondents reporting that the care they received is good, very good, or excellent. However, just under 20% of respondents reported that they didn't know how to make a formal complaint. Although this performance is better than the U.K. average, we still need to work to ensure that our patients know how to make a complaint. The Picker Institute independently carries out such assessment of all NHS Trusts in the U.K., and benchmarked to their performance, the Jersey General Hospital scored above U.K. average in overall performance across all domains.

We must be aware, however, that Jersey's Health and Social Care service is, largely speaking, a single provider for the people of Jersey. In terms of investigating complaints, one could argue that the Department can act as judge and jury. We must be confident that service users receive a fair response when they make a complaint and we must be assured that the Department acts appropriately on any concerns, and, where appropriate, makes changes to ensure improvements in service delivery.

To ensure that standards are independently inspected, the Department is in discussion with the Healthcare Commission to carry out an independent inspection of Health and Social Services in Jersey in 2007. The Healthcare Commission carry out all such inspections for NHS Trusts and independent healthcare providers in the U.K. They also act as the second stage independent complaints investigation for all of these U.K. providers. Senior Officers from HSSD will be meeting with representatives from the Healthcare Commission in early May 2006 to invite the Commission to provide this function for the States of Jersey's Health and Social Services Department. Such a process of second stage independent investigation of complaints may include the setting up of a local independent panel, guided by a case manager provided by the Healthcare Commission who would be brought in specifically to manage complaints. Although timescales, costs and consultation, both internal and external, are yet to be finalised, the Chief Officer will shortly establish a small, clinically led working group to move this objective forward and it is anticipated that such a system could be in place by the end of 2006.

2. WRITTEN QUESTION TO THE MINISTER FOR EDUCATION, SPORT AND CULTURE BY THE CONNETABLE OF ST. HELIER REGARDING THE INCLUSION OF A NURSERY UNIT IN THE REDEVELOPMENT OF ST. PETER'S PRIMARY SCHOOL AND THE ALLOCATION OF FREE PLACES IN STATES DAY-NURSERIES

Question

Would the Minister confirm whether a nursery unit is being created as part of the planned redevelopment of St. Peter 's Primary School and, if so, would he explain the reasons why given his recent admission that the current system of allocating a limited number of free places in States day- nurseries is inequitable?

Answer

I confirm that a nursery class will be built as part of the planned redevelopment of St Peter's Primary School. In 1996 the States approved the strategy of the Working Party on Child Care. This included a recommendation that the former Education Committee continue its programme of developing nursery classes at provided primary schools.

In 2005, the former Education, Sport and Culture Committee declared its intention to continue with this strategy until 2009 when a nursery class at St. Peter 's School would be completed.

The inequity in the current system is not caused by the provision of nursery classes but by the fact that there are not sufficient free places across the Island for all three and four year olds.

3. WRITTEN QUESTION TO THE CHIEF MINISTER BY THE CONNETABLE OF ST. HELIER REGARDING THE COMMUNICATIONOF DECISIONS BY THE COUNCIL OF MINISTERS AND MINISTERS TO STATES MEMBERS

Question

Would the Chief Minister outline his policy, if any, on communicating decisions made by the executive to non-executive members of the States and confirm what measures, if any, have been put in place to ensure that members do not have to hear of the majority of decisions made by the Council of Ministers or by individual ministers through the media?

Answer

My policy is to be open and transparent in communicating decisions made by the executive, and this policy is shared by my colleagues on the Council of Ministers.

Specific measures have been put in place to communicate decisions taken by the executive, and some of these were outlined in my letter of 7th February 2006, to all States members, a copy of which is attached. These measures have included changes to the States of Jersey website, and the website now displays copies of the part A' agendas, supporting papers, and minutes of the Council of Ministers. Copies of part A' ministerial decisions and supporting papers can also be found on the website under Ministerial Decisions'.

More recently, and in response to comments received from members, the Council of Ministers has arranged for summaries of their discussions on all part A' items to be circulated to States members on the morning after meetings. The summaries will also include, where appropriate, a record of discussions on individual part (B) items where it is felt that further information would be helpful. These summaries are circulated to States members at the same time as the press conference organised for the local media, thereby ensuring that members are apprised of decisions before they are reported by the media.

I would like to take this opportunity to reiterate the offer that I made in my letter of 7th February 2006, in which I invited States members to contact me if they had any suggestions as to how we might  make  further  improvements  to  the  sharing  of  information.  I  have  not  received  any suggestions to date in response to this invitation, although several members have chosen to make critical comments through the media. Should members have any remaining suggestions, comments or concerns, then I would invite them to contact me directly.

Chief Minister's Department Cyril Le Marquand House

St Helier, Jersey, JE4 8QT Tel: +44 (0)1534 603400

Fax: +44 (0)1534 870755

Our ref: FHW/JMEH 7th February 2006

To:

All elected States members

Dear colleague,

Information for States members

The introduction of the ministerial system has seen a number of important changes to the way that information is made available to States members and the public.

Firstly, you will no doubt be aware of the improvements that have recently been made to the States website (www.gov.je). I hope that you have found the website to be informative and easy to use, but I would welcome any suggestions that you may have for further improvements.

I am pleased to inform you that the States website will include the part a' agendas, supporting papers, and minutes of the Council of Ministers, and these may be found on the website under the heading Council of Ministers'. Copies of part a' ministerial decisions and supporting papers may also be found on the website under Ministerial decisions'.

Another major change has been the introduction of new arrangements for public consultation, as described in the R.C. on Public Consultation' that was published in November last year (R.C.82/2005). Major policy decisions, or decisions that will affect a broad cross-section of the community, will be subject to a formal written system of discussion and draft policy papers. An explanation of how the system works, together with a list of current and future consultations, may be found on the States website under Chief Minister/ Communications Unit'.

I hope that you will find these changes to be helpful, but please do not hesitate to contact me if you have any suggestions as to how we may make further improvements.

Yours faithfully,

Senator F.H. Walker , Chief Minister

4. WRITTEN QUESTION TO THE MINISTER FOR EDUCATION, SPORT AND CULTURE BY DEPUTY R.G. LE HERISSIER REGARDING PLACES FOR HIGHER EDUCATION IN GEOGRAPHICAL AREAS OUTSIDE THE U.K., AND STUDENT LOANS

Question

Would the Minister inform members –

1. in the light of his recent investigations into higher education places in Australasia, what other countries and areas, if any, are being investigated for similar possibilities? and,
2. given the inability to access the services ofthe Student Loans Company in the U.K., will the Minister confirm the mechanisms the department will be putting in place, if any, for Jersey higher education students who require student loans?

Answer

1. At present students from Jersey may apply for admission to any university they choose although there are restrictions on the financial support offered by the States. With a clearer understanding ofthe relative values of qualifications within the European Unionandwith U.K. higher education provision becoming increasingly costly, I am considering the possibility of partially removing current financial constraints on student choice. The criteria most likely to be applied in determining whether grant aid would be available for a student to attend a university outside the U.K. would be:

1. equivalence of qualification;
2. the level of care and support which would be afforded the student by the institution;
3. the use of English as the language in which the subject is taught; and,
4. cost.

I can confirm that the initial discussions I have had with universities in Australasia have been encouraging and the offer of study in this part of the world may prove attractive to some students. I can also confirm that I have been approached by the Icelandic Government to consider higher education provision made there.

2. If my proposals for changestostudentfinance for 2006are implemented, I intend toopen discussions with local high street banks to ascertain what support they can offer to students and their families. Indeed, officers ofthe Department have already made initial contact with local clearing banks. With regard to the longer term, I have commissioned a full review of higher education support and will consider the recommendations ofthat report when the work has been completed.

5. WRITTEN QUESTION TO THE CHAIRMAN OF THE PRIVILEGES AND PROCEDURES COMMITTEE BY DEPUTY R.G. LE HERISSIER OF ST. SAVIOUR REGARDING THE PROPOSED FREEDOM OF INFORMATION LAW

Question

When does the Committee intend to bring the Freedom of Information Law to the States and does the Committee accept the restriction in paragraph 5.1.4 of the draft Strategic Plan, that the Law "will incur no additional cost to the States"?

Answer

The Privileges and Procedures Committee (PPC) has already considered a first draft of the Freedom of Information Law and a consultation document containing that draft will be sent out for consultation very shortly.

The Committee considered the restriction in paragraph 5.1.4 of the draft Strategic Plan and does not believe it is appropriate. PPC advised the Chief Minister of this in a letter dated 14th March 2006, in the following terms -

"PPC was concerned to read Strategic Initiative 5.1.4 which states "Present a Freedom of Information Law which will incur no additional cost to the States for approval by the end of 2006". PPC is currently bringing forward a draft Freedom of Information Law and we should, in fact, be in a position to circulate a consultation document (including the draft Law itself) very shortly. You will be aware that the matter of resource implications has been one of the most controversial and disputed aspects of the proposed Law. Although estimates of the potential costs vary, all parties involved to-date have agreed that some additional cost to the States is inevitable, if only because there is likely to be a requirement for one additional member of staff in the office of the Data Protection Commissioner (who will become the Information Commissioner). Senator Syvret, who is taking the lead on this matter for PPC, confirmed to us last week that there would definitely be some cost to the States if the Law is introduced. PPC is concerned that if the Strategic Initiative remains as currently worded it might become impossible, at a later date, for the Freedom of Information Law to be introduced. PPC therefore considers that the words "which will incur no additional cost to the States" should be deleted or, alternatively, the entire Strategic Initiative should be removed".

6. WRITTEN QUESTIONS TO THE MINISTER FOR HOME AFFAIRS BYDEPUTY R.G. LE HERISSIER OF ST. SAVIOUR REGARDING THE BUDGET FOR H.M. PRISON, LA MOYE, THE PURCHASE OF A RECENT POLICE SPEED CAR, AND THE IMPLEMENTATION OF THE 2001 H.M.I. REPORT OF H.M. PRISON, LA MOYE

Question 1

Would the Minister inform members whether any additional funding was placed in the Prison Budget for each of the financial years 2000-2005 and, if so, how much and how was it allocated?

Answer

Additions were made to the Prison budget amounting to £300,000 in 2000, £1.1 million in 2005 and £348,900 in 2006. In 2000 the funds were used to supplement the staff budget. In 2005, the funds were used to meet the costs of Prison Officer overtime and of sending prisoners to the United Kingdom and also to supplement other areas of the budget associated with increased prisoner numbers. In 2006, the additional funds have been used to meet the increased cost of Prison Officer overtime.

In 2003, a permanent reduction in the budget for U.K. Prisoners, amounting to £200,000 resulted from the Fundamental Spending Review process. However, a reduction in prisoner numbers did not occur and, therefore, the saving could not be achieved, resulting in a deficit.

One-off funding has been made available to the Prison to meet overspends in each of the years 2003, 2004 and 2005 amounting to £370,800, £1.7 million and £500,000 respectively. These sums have been used primarily to meet the cost of Prison Officer overtime, the running costs associated with the operation of H' wing after  its construction, and of sending prisoners to the United Kingdom.

A table, detailing the Prison budget for the period 2000-2006, and the number of prisoners detained in La Moye between 2000 and 2005, is attached.

Question 2

Would the Minister inform members from what budget area monies came from for the recent purchase of a new police speed car?

Answer

The funds for the acquisition of the vehicle and its equipment came from within the 2005 budget for the States of Jersey Police, and this budget's targets for the year were met. The budget heading used was the Vehicle Replacement Programme. A lot of research was undertaken prior to acquisition as to the type of equipment available on the market and the best value for money options before opting for this particular item.

It should be noted that the car is not solely a speed detection car. It also carries cameras which have the ability to record details of registration plates, which can be downloaded at the end of a tour, and used for investigative and intelligence purposes.

Question 3

What specific group, if any, was set up to progress implementation of the 2001 Report of the Prisons Inspectorate and, if so, are its minutes accessible to members?

Answer

No group was set up to progress implementation of the 2001 report by HM Chief Inspector of Prisons on La Moye Prison. Details about progress and impediments to future progress were reported by the Prison Governor during his attendance at normal monthly Committee meetings. Many items under discussion at these former Committee meetings impinged on matters raised in the Inspection report and so the former Committee continued to be kept abreast of the problems facing the prison. I was not surprised at the content of this latest report because it had become increasingly clear that overcrowding, staff shortages and the hopelessly inadequate resources available to the prison were making it extremely difficult to implement and sustain the 2001 recommendations.

In the face of such adversity, the broad strategy was to prioritise the achievement of adequate levels of staffing and the prison building programme, these being essential to the underpinning of very many of the recommendations.

The progress that was made was notified formally in the following ways:

The Governor at the time of the publication of the report, Mr. Mike Kirby, submitted an initial response to the report to the former Committee in February 2002, after he had been in post a matter of a few months. This response identified actions that he and his senior team intended to take forward to address the 147 recommendations that were made. It was clear that many of these required additional resources, both capital and revenue.

The former Committee noted the progress made and agreed to discuss the capital proposals with the former Finance and Economics Committee. Approval was subsequently received to commence the redevelopment of the prison by building a new accommodation unit for 40 prisoners.

In May 2002, the Governor submitted an update on progress to the former Committee. It was clear from this report that much work was taking place to try to address the recommendations across a wide front, although at that stage most of the work was work in progress' rather than completed actions.

Immediately after Mr. Kirby's departure in July 2004, a written question was submitted by the then Deputy Bridge concerning progress on the recommendations and she was informed that Mr. Kirby had stated that 122 of the recommendations had been completed by that stage.

Soon after the appointment of the new governor, Mr Guy-Gibbens, the position was reviewed

again.

In a written response to a question from the then Deputy Bridge in March 2005 it was stated that 70 of the original recommendations had been completed with work on-going on a further 11. The remaining recommendations would either be completed following the next phase of the building programme or required additional resources to complete.

This apparent disparity between the two views of the Governors involved is explained by Mr. Kirby reporting work that was in progress and that it was hoped would come to fruition, whereas Mr. Guy-Gibbens has reported the actual state of play when he examined the report. Unfortunately, daily pressures at the Prison, including the steady rise in prisoner numbers, meant that many of the plans that Mr Kirby identified as necessary were unable to become established at the Prison.

It is against this background that I have welcomed the recommendation in this latest inspection report of a plan which will have clear milestones and will identify any additional resources that will be needed. The Prison Governor will report progress to me on a regular basis in a far clearer manner than occurred previously. This will be done through the Chief Officer, Home Affairs, who has an important rôle in performance monitoring under the ministerial system. The Home Affairs Department did not have a Chief Officer until October 2004.

I will also ensure that the targets set are realistic and achievable with the resources allocated. The governor is clear that he is responsible for achieving these agreed targets and will be held to account should he fail. There is clearly a great deal of work remaining to be done. Work has started to address the shortcomings. Since the Inspection Report, work has begun on all the recommendations except for the 49 which cannot be achieved due specifically to a lack of resources. I recognise that there can be no quick fix' if we are to achieve improvements which are sustainable.

H.M .PRISON FINANCIAL STATEMENT 2000-2006

Notes

7. WRITTEN  QUESTION  TO  THE  CHIEF  MINISTER  BY DEPUTY  R.G. LE HERISSIER OF ST. SAVIOUR REGARDING COMING INTO FORCE OF THE LAW  SOCIETY  OF JERSEY  LAW  AND  ANTI-DISCRIMINATION LEGISLATION

Question

Will the Chief Minister inform members –

1. when the Law Societyof Jersey Law will be brought into force? and,
2. whether anti discrimination legislation will be brought to the States and, if so, when?

Answer

1. The matter currently rests with the Law Officers' Department, and I am advised  by that department that it is not possible at thisstagetogivean indication ofwhentheLaw Society of Jersey Law will be brought into force.

Members will recall from my previous answer to Deputy Le Herissier that the Law Society of Jersey Law has not yet come into force because there are potential difficulties on the possible application of the Law to the Law Officers and the lawyers in the public service.

I understand from H.M. Attorney General that discussions have taken place and agreement reached with the Law Society on a proposal that the terms of the Law should not be extended to public sector lawyers. I shall be referring this proposal to the Legislation Advisory Panel that is shortly to be appointed by the States, and will be asking for its views on the proposal.

I can assure members that this is being dealt with as a matter of the highest priority.

2. The  subject  of anti-discrimination  legislation  is  referred  to in  the  periodic  report on  the International Convention on the Elimination ofall forms of Racial Discrimination', a copyof which was recently posted on the States ofJersey website under Ministerial Decisions/ Chief Minister'.

The answer to the question is contained in the following extract from the report –

The States of Jersey decided in 2002 to introduce new primary legislation to address the issue

of  racial discrimination. It  was subsequently  decided  to extend  the  remit of  the drafting programme to include protection from discrimination in a number of other areas including sex and disability discrimination.

A draft Discrimination (Jersey) Law is in the final stages of preparation. Once finalised, it will

be published for consultation in the Island so that organisations and individual members of the public can all comment on the proposals. The authorities hope to commence consultation early summer of 2006 with a view to a final draft Law being presented to the States as soon as reasonably possible after the consultation replies have been considered.

..The draft Law is designed to be an enabling law. In other words, the provisions of the

legislation will allow the States to adopt separate sets of Regulations in phases which will progressively extend protection from discrimination in different areas. The intention is to achieve conformity and consistency of treatment in relation to different areas of discrimination, because the underlying provisions of the Law will deal with all types of discrimination in a similar way.'

8. WRITTEN QUESTION TO THE MINISTER FOR HOME AFFAIRS BY DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT REGARDING MATTERS RELATING TO FIREARMS

Question

Would the Minister advise -

1. how many  M2 Brownings are currently held in the Island by individuals, and the weight of each of those guns?
2. whether there are any other firearms held in the Island that could bring an aircraft down and, if so, what are they?
3. when the concerns recently reported in the media regarding the licensing of firearms were first raised?
4. the date when the matter was raised with her and who briefed her?
5. whether she briefed the media and, if not, is she aware who did, and the reasons why States members were not notified beforehand?
6. what research has been undertaken, if any, into the correlation between gun crime and legitimate gun ownership in Jersey? and,
7. what changes, if any, will be made to current firearms legislation and how will this be achieved?

Answer

1. From Central Firearms Index records, there are three deactivated Browning heavy machine guns currently held in the Island; it is not known if they are the M2 version but they would look very similar. The one weapon actually held, and of concern, is a Steyr bolt action rifle that fires the .50 BMG (Browning machine gun) round. The potential effects are similar; a devastating performance against light armoured vehicles at a range of a mile, and three miles in the case of unprotected targets. The Steyr can in fact fire the .50 round more accurately and further than the M2 Browning. The unloaded weight of the weapon held in the island is approximately 9kg.

2. It is not possible to give an accurate answer. There are over 500 different types of calibre of ammunition licensed in the Island,  many of which have the capability to bring down an aircraft. Whether such consequences would ensue depends upon many factors such as the size ofthe aircraft, the range of the firing, the impact point, the trajectory and so on.
3. Specific concerns about the presence of weapons such as this in the Island were raised in January 2006 to the Chief Officer, States of Jersey Police, who promptly raised this with me and the Assistant Minister. The seriousness of the concerns was recognised byall parties and a number of actions were initiated. These included the instigation of a Statesof Jersey Police report on the issue, (which has only just been completed), together with an internal States of Jersey Police Force Inspectorate review on local compliance with the Cullen recommendations, which were established following the Dunblane massacre. Contact was also made at this time with the Education, Sport and Culture Department which consequently commissioned a U.K. expert to inspect their shooting facilities and to report back on various issues. This report would include the suitability of local ranges for the use of high velocity firearms with a view to establishing whether or not reasons given for the possession of such weapons would be invalid, hence perhaps providing grounds for weapon deactivation and recall of ammunition. This report has yet to be completed.

At around the same time, albeit not initiated by such specific concerns, the Comité des Connétable s had requested guidance from H.M. Attorney General on the implementation of the Firearms (Jersey) Law 2000. The Comité is awaiting the Attorney General's response.

4. The Chief Officer, Statesof Jersey Police, met with me and the Assistant Minister onthe 25th January 2006, where actions were initiated, as detailed in (c) above.
5. The media were not "briefed" as such. Questions had been put to the Deputy Chief Officer, States of Jersey Police, by the Jersey Evening Post following the 10th anniversary of the Dunblane massacre, and such interest in firearms on this anniversary was not unexpected. Guided bytheFreedomof Information codes introduced by the States, subsequent legal advice, and guidance from the Data Protection Registrar, following furtherrequests for details the Deputy Chief Officer, States of Jersey Police considered he was obliged to answer the questions and provide the information which had been requested of him.

Other information was withheld on the basis that it would hamper the prevention of crime and endanger public safety, and also because it was personal data. The answer to part (c) shows that a great deal of background work was already underway owing to the seriousness of the concerns that had been raised in January, and that at the time of the press interest not all of this work was complete. As such, I was not in a position to bring the findings and recommendations before the States and would not have wanted to present the Assembly with incomplete information.

6. Thankfully, crime in Jersey involving real firearms is extremely rare. Owing to this, an attempt at any correlation would be very difficult and any results obtained would be statistically inconclusive.
7. I haveinitiated a reviewof Article 33of the Firearms (Jersey) Law2000,which lists weapons and ammunition which are prohibited in Jersey, in order to assess whetheradding other categories of weapon and ammunition will enhance public safety.

The Firearms Law Liaison Group, under the chairmanship of the Assistant Minister, will also be reviewing whether, in the light of experience of administering the Law, there are other provisions which should be tightened up.

9. WRITTEN QUESTION TO THE MINISTER FOR TREASURY AND RESOURCES BY SENATOR B.E. SHENTON REGARDING APPLICATION OF FRS17 IN ACTUARIAL REPORTS ON PUBLIC SECTOR PENSION SCHEMES

Question

Following the publication of the actuarial assessment of the Public Employees' Contributory Retirement Scheme, would the Minister confirm whether the assessment was in accordance with Financial Reporting Standard 17 (FRS17), and would the Minister provide members with the most recent actuarial assessments of the Teachers' Superannuation Fund pension as calculated under the same Standard?

Answer

The actuarial assessment of the Public Employees Contributory Retirement Scheme has not been published in accordance with FRS17 because it would be inappropriate to do so. This is because actuarial valuations take a long term view in order to determine the funding requirements of a pension scheme whilst FRS17 is merely a snapshot at a single point in time, so subject to major fluctuations from one year to another.

The most recently published FRS17 statement for the Teachers Superannuation Fund was in the 2004 Financial Report and Accounts. This will be updated  in the 2005 Financial Report and Accounts which will be published in May 2006.

10. WRITTEN QUESTIONS TO THE MINISTER FOR TREASURY AND RESOURCES BY DEPUTY G.P. SOUTHERN OF ST. HELIER REGARDING MATTERS RELATING TO TAX REFORS, THE IMPACT OF GST ON FEE- PAYING SCHOOLS AND HIS POSITION AS A GOVERNOR OF ONE SUCH SCHOOL

Question 1

1. Has the Minister considered or consulted the contents of the Price WaterhouseCoopers (PWC) report of 31st January 2006, entitled "Analysis of the responses to the second consultation document on the States of Guernsey future economic and taxation strategy", and, in particular, section 5.4 on the taxation of Guernsey resident shareholders?
2. if so, what consideration, if any, has he given to the evidence presented in the report by PWC that look-through, or attribution provisions -

• require ..substantial policing and anti-avoidance legislation.. an unprecedented level of disclosure by Guernsey taxpayers.. (and) are likely to prompt a major change in the culture of tax compliance
• there are significant legal obstacles that could potentially render attribution unworkable and expose the States to judicial challenge. Our understanding (based on discussions with legal experts) is that an attribution regime is potentially very vulnerable to challenge under both company law and human rights law.

• it is likely that enforcement of the attribution rules would require provisions forcing the company to act as agent for the resident shareholders in certain circumstance. It is doubtful that such provisions would comply with the (EU) Code of Conduct (on Business Taxation)?

3. What legal advice, if any, has the Minister received concerning the vulnerability of "attribution" to legal challenge and non-compliance with the EU Code of Conduct on Business Taxation and if he has not sought any, the reasons why; if he has received legal advice, what did it state?
4. In the light of the Guernsey decision to abandon attribution for a distribution-only system to recover tax from local shareholders, will he also reconsider and review the proposals for look-through?

Answer

1. Yes.
2. Over the past few months I have been reviewing the detailed proposals relating to the implementation of the 'look-through' arrangements, and this has led me to consider carefully the fundamental principles for the attribution of profits. A consultation paperwill be published in April 2006, setting out in some detail the proposed arrangements, which represent a significant refinement ofthe originally agreed policy, to reflect the practical considerations of implementing a schemetorecover some orallofthe profits whichwillno longer fall to be taxed directly onto companies following the implementation of0/10%.The consultation paper is based on detailed analysis ofthe options and takes into account the views of expert practitioners such as those expressed in the PWC Reportto which the question refers.
3. The Code is an internal EU mechanism and a political process of peer reviewwithwhich we have agreed to co-operate voluntarily. It does not have a legal form and agreement within the meaning ofthe Code is reached by consensus of Member States and parties associated to it. We reached such an agreement with the EU in June 2003, with the full engagement of the U.K. Government which has clearly indicated its support for our proposed arrangements, including the 'look-through' mechanism. Furthermore, the proposed look-through' arrangements are in the realm of the personal tax base, and Jersey has a right to consider ways of safeguarding that tax base as a response to the unintended consequences of 0/10 which might otherwise allow for tax avoidance opportunities to Jersey resident shareholders of companies.
4. See (b) above. Question 2

Will the Minister inform members what progress, if any, has been made in reviewing the "20 means 20" proposals and when he intends to bring fresh proposals to the Assembly?

Answer

I am currently in the process of reviewing the options for implementing the agreed principle of raising more tax from those on higher incomes in the light of more up-to-date income forecasts and further detailed analysis. Revised proposals will be presented to Members for their consideration before the summer recess.

Question 3

1. What consideration, if any, is the Minister giving to the protection offered to fee paying schools from the impactofGSTonschool fees andwill consideration also be giventohow this compares with medical bills and prescription fees?
2. What conflict exists, if any, for the Minister as a governor of one ofthe private schools in considering the matter outlined in (a) above?

Answer

1. I am well aware ofthe valuable saving to States expenditure provided by the fee-paying schools which educate a significant proportion of our pupils. GST, even at 3%, does slightly increase the burden onparents who are already making sacrifices to provide that education for their children. It is not strictly comparable with medical bills and prescription fees, but, as with the latter, there may be a need to see how any potential corresponding recompense or delivery can best be provided.
2. I have made my position as Governor/Trustee of two Church schools quite open in the Members' Declaration of Interests. I have made it clear to the two schools that I adhere to the agreed States policy of implementing a 3% rateof GST with as few exemptions as possible, and the schools concerned have both acknowledged this. Should the matter come up for debate in theStates I would again make clear my possible conflict of interest (even though I would receiveno direct pecuniary gain)and would withdraw from a debateon that aspect.

Question 4

Appendix IV of the Price WaterhouseCoopers (PWC) report of 31st January 2006, entitled "Analysis of the responses to the second consultation document on the States of Guernsey future economic and taxation strategy" shows a table illustrating the schedules of the Isle of Man proposed taxation rates. Will the Minister produce the equivalent table showing his proposals for Jersey corporate tax rates, and where differences occur, will he explain to members the reasons for such differences?

Answer

The rates for the Isle of Man shown on the PWC document have not been fully reflected in their actual budget proposals. However, the consultation document to which I referred in answer to Question 1 will contain the most up-to-date tax rates available for other similar jurisdictions.

11. WRITTEN QUESTIONS TO THE CHIEF MINISTER BY DEPUTY G.P. SOUTHERN OF ST. HELIER REGARDING COMMUNITY INVOLVEMENT INITIATIVES AND MATTERS RELATING TO THE DRAFT STRATEGIC PLAN 2006-2011

Question 1

1. Would the Chief Minister inform members what involvement, if any, Scrutiny Officers had in the meeting of 35 senior and front line civil servants to discuss community involvement initiatives in January 2006 referred to under A1. of the Council of Ministers Minutes of 28th February 2006?
2. Following the adoption by the Statesof P.16/2006 (Establishment of a Citizens' Panel: Approval by States Assembly), will the Chief Minister indicate whetherhe still intends to establish an "Oversight Panel" or use expert witnesses to survey the opinions of Islanders and, if so, how will the appointments process operate independently and without duplication ofthe legitimate aims of scrutiny?

Answer

1. The minutes of 28th February 2006, relate tothe half-day workshop on 11th January 2006, that was attended by officers from a rangeof States departments. Letters of invitation were sent to all Chief Officers, with a request for nominations of officers withan active involvement in community engagement. No nominations were received in respectof the Scrutiny Officers, but they would be welcome to participate in future events.
2. The Council of Ministers is indeed still considering the establishment of a Citizens' Panel, as noted in its comments on P.16/2006. Deputy Southern may recall that this subject was discussed on 9th March 2006, at a joint meeting ofthe Council of Ministers and the Scrutiny Chairmen's Committee, when it was agreed to explore the notion of a Citizens' Panel serving both the executive and scrutiny functions. As agreed at that meeting, this is something on which the Council of Ministers and Scrutiny Chairmen's Committee will need to work together, and I look forward to further discussions on this point. These discussions will, I am sure, address jointly the issue of how appointments would be made to the panel.

Question 2

Will the Chief Minister state whether the actions outlined in paragraph 5.2.8 of the draft Strategic Plan 2006-2011, namely "to meet, where possible, international standards set through the extension of international treaties and conventions" extends to include the International Labour Organisation conventions 87 (on freedom of association and protection of the right to organise) and 98 (on right to organise and to bargain collectively)?

Answer

The actions described in the draft Strategic Plan "to meet, where possible, international standards set through the extension of international treaties and conventions" includes all the international agreements and conventions which currently apply to Jersey or may be extended to the Island in future.

The Island Authorities have reported to the International Labour Organisation on conventions 87 (on freedom of association and protection of the right to organise) and 98 (on right to organise and to bargain collectively) as recently as August 2004, outlining the measures that have been taken to fulfil as fully as possible their obligations under these conventions. The report was copied to the TGWU and the Chamber of Commerce, and information on the report was also included in the periodic report on international conventions and agreements laid before the States on 21st December 2004.

Further information on these Conventions has also been presented to the States on 21st March 2006, by the Minister for Social Security (Employment Legislation: Petition – comments', P.214/2006)

Question 3

What measures does the Chief Minister envisage to correct "the deficiency in the Teachers' Pension scheme" as noted on page 11 of the draft Strategic Plan 2006-2011?

Answer

Following on from the Strategic Plan, the States will be asked in the Business Plan later this year to agree that additional funding should be made available to reduce the deficiency in the Teachers' Pension Scheme. This additional funding would consist of an increase of £1.3 million a year in the employer's contribution to the Pension scheme over the period 2007 to 2011, and would be added to the budget for Education, Sport and Culture.

In addition, a review of the teachers' pension scheme is currently under way, and this review will identify whether any further measures are needed. The States will, of course, be kept informed as to the outcome of that review.

Question 4

Based on the target for 2% economic growth over the 5 year period of the draft strategic Plan 2006- 2011, how much revenue does the Chief Minister estimate being placed in the "Stabilisation Fund" proposed on page 11 of the Plan?

Answer

As noted in the Strategic Plan, it is envisaged that budget surpluses will be paid into the Stabilisation Fund at times of economic growth and that withdrawals will be made from the Fund at times of recession. The actual amounts to be paid into the Fund will, therefore, depend on the performance of the economy.

The Treasury and Resources Minister is currently working on more detailed proposals for the establishment of the Stabilisation Fund. This work will address such issues as when the fund should be established, what the size of the fund should be, how it should be financed initially, and what rules should apply in relation to contributions and withdrawals.

12. WRITTEN QUESTIONS TO THE MINISTER FOR SOCIAL SECURITY BY DEPUTY G.P. SOUTHERN OF ST. HELIER REGARDING MATTERS RELATING TO THE DRAFT STRATEGIC 2006-2011, THE CALCULATION OF GROSS AND NET REPLACEMENT RATES FOR JERSEY AS RELATED TO PENSIONS, INCOME LEVELS RELATING TO THE LOSS OF HIE, THE UPDATING OF THE INCOME DISTRIBUTION SURVEY, AND THE REFURBISHMENT OF OAKFIELD INDUSTRIES

Question 1

Under commitment 3.6 of the draft Strategic Plan, one of the success indicators is a "Reduction in the number of children/pensioners living in relative low-income households". Will the Minister inform members –

1. which of the actions outlined in sections 3.6.1 to 3.6.6 under the heading "What we will do" address this target?
2. what specific targets will the Minister set and be judged on for reducing both child and pensioner poverty from their current level of 33%, and in what timescale?
3. in the light ofthe U.K. government's inability to meet its 1999 target for the reduction of child poverty by one quarter from 4.1 million to 3.1 million by 2005, what difficulties, if any, have to be overcome if the Minister is to be successful in meeting the targets set?

Answer

The Strategic Plan is a draft and I am happy to receive comments on it from any person. As far as section 3.6 is concerned members will see that there is a timescale built into what we intend to do which allocates time for further priority setting, describes existing activities and importantly through the Chief Minister's Office identifies how performance might be measured on a more regular basis.

In general terms, the aim over the next few years is to improve the system overall, in terms of equity, fairness and easier access under the Income Support proposals. Once the new system is up and running, there should be better data available on which to establish the actual position and set targets for the future, depending on the economic circumstances that might prevail at the time.

In response to the specific points:

1. all but 3.6.1 and 3.6.6. will impact on relatively low-income households;
2. specific indicators and targets will be set at a later date as mentioned above. The 33% mentioned in the question is not a measure of child and pensioner poverty. It is only one figure from the Income Distribution Survey based on 2001 incomes; and,
3. until the new IncomeSupport system is up and running and targets and measures are agreed, there is little to be gained in comparing the Jersey with the U.K. Government's target set in 1999. This does not mean that Jersey cannot learn from the U.K.'s experience or any other country. However,the starting point is very different, for example, Jersey has maintained higher Social SecurityContributory Benefit and Pension Rates.

Question 2

With regard to success indicators under commitment 3.6 of the draft Strategic Plan, namely -

• "Reduction in the proportion of working age residents needing income support during each stage of the economic cycle
• Increase in proportion of working age residents with long term health problems in paid employment",

would the Minister inform members –

1. what the proportions currently are, and which ofthe actions outlined in sections 3.6.1 to
   6. under the heading "What we will do" address the first of these targets?
2. what specific targets will he set and be judged on, if any, in terms of his own success?
3. ofthe mechanisms to be used to develop support for working age residents with long term health problems outlined in 3.6.5 to address the second ofthe indicators above, along with the additional resources and funding required?

Answer

As I answered above, the information on which to base targets is not yet available but will become apparent during the life-cycle of this strategy. I have to point out that the income support system will not be in place until 2007 and from that we will be able to measure success. At this stage I cannot answer questions (a) and (b).

(c) The mechanisms are in place, as the Deputy is aware, namely the employment services available in the Social Security Department and the Jersey Employment Trust. As with all programmes, they will continue to be assessed and developed to provide the best possible support to people with special employment needs. Resources, as I have already answered in a previous question, will be monitored.

Question 3

Under commitment 3.6 of the draft Strategic Plan, one of the success indicators is:

• "Increase in the employment rates of disadvantaged groups

Would the Minister inform members –

1. what disadvantaged groups this refers to?
2. what employment rates currently exist in these groups?
3. what improvement in employment rates is targeted and to be judged upon, and
4. what mechanisms he intends to use to achieve improvement?

Answer

1. In any discussion on social exclusion there are certain groups within the population that are at greater risk of exclusion. The classic examples are lone parents, pensioners and people with disabilities. However "disadvantaged groups" is somewhat of a generic termwhich may have to become more focused on different groupsof people during the lifetime ofthe strategy.
2. and (c) I refer to my answer above.

(d) See answer to question 2 (c) above.

Question 4

Will the Minister undertake to provide a calculation of the gross and net replacement rates for Jersey to enable accurate comparison with the data revealed in the 2005 OECD report entitled "Pensions at a Glance: Public policies across OECD countries"?

Answer

I answered a similar question on the 14th February 2006, and the answer remains that I will not be undertaking a calculation because as I said at the time it would be misleading. I have asked the Statistics Unit to comment on the replacement rate comparison.

Question 5

In his reply to my question on 14th February 2006, regarding income thresholds relating to loss of HIE, the Minister pointed to over 60 possible low income thresholds depending on household type. Would the Minister inform members whether a single person paying a weekly rent of £23.24 loses HIE if their income rises above £172.92 and, if not, would he provide evidence in support of this?

Answer

I cannot confirm this as, in this hypothetical case, it is necessary to know how the £172.92 a week is made up (£8,991 per annum). This figure is at the 5% discretion allowed in the HIE system but with benefit disregards, the figure could be higher without affecting HIE entitlement.

Question 6

On 14th February 2006, (section 2.2.5 of Official Report), the Minister undertook to provide a written answer on the means of updating the income distribution survey this year. When will he do so? Similarly, in response to a question on supported employment, (section 2.6.1 of Official Report), he referred to the sum of £600,000 to be spent on refurbishment at Oakfield Industries. Can he confirm that this sum will increase the number of people employed there and supply figures in support of this?

Answer

The Department is currently working with the Statistics Unit to update the income distribution survey from more recent information collected in the Household Expenditure Survey. I cannot, at this stage, give any timescale but the aim is to work towards establishing the starting rates for the different components by the end of this year.

The refurbishment of Oakfield Industries supports the strategy agreed by the States, (P.16/2000), namely to provide more training and development facilities to help individuals with very special employment needs enter the job market. The intention is not to employ individuals but to give development and training support so that more can become work ready' and, therefore, have a better chance of obtaining work.

13. WRITTEN QUESTION TO THE MINISTER FOR HOUSING BY DEPUTY G.P. SOUTHERN  OF  ST.  HELIER  REGARDING  ESTIMATED  RENT  REBATE  IN RESPECT OF LE COIE' DEVELOPMENT AND THE TOTAL COST OF THE DEVELOPMENT TO THE PUBLIC

Question

In part (b) of his answer to my question on Le Coie funding on 14th March 2006, the Minister suggested that rent rebate for the 95 flats "could not be forecast". Would the Minister inform members –

1. why the estimate for rent rebate on the site was stated as £415,000 per annum by the then President of the Housing Committee in P.161/2003?
2. what the total estimated cost in terms of capital expenditure, interest subsidy and rent rebate expenditure ofthis project to the public will be over the 21 year period of the purchase of this project by the Jersey Homes Trust?

Answer

1. In P.161/2003, the figure of £415,000 per annum for rent rebate was an 'estimate' based on the likely number of claimants of rent rebate on completion ofthe site, some three years later. Fair rents for social housing have not increased for two years. This will affect the level of rebate to be paid. The development will be completed in July 2006 and, therefore, a precise figure for rent rebate will be available shortly.
2. In respect of capital expenditure, this is currently as follows:-

• Site Cost £4,200,000
• Demolition £319,902
• Brook £98,557
• Main Contract£12,798,318
• Fees £837,249
• Other Costs £418,439 (feasibility studies, specialist sub-contractors)

Total £18,672,465

A final figure will be produced when the project is completed  In respect of the interest subsidy:-

The Jersey Homes Trust (JHT) will fund the purchase by commercial loan. The States, through the Housing Development Fund, will meet the Trust's interest charges above 4%. As the loan is based on a margin above base rates, the cost to the States will vary as base rates move. At the current base rate of 4.5%, the annual States interest subsidy will be some £152,000 in the first year, reducing as the outstanding loan balance diminishes, giving a total sum in the order of £2 million over the 21 year period. Allowing for a reduction in the time value of money over the 21 year period at a rate of 3% per annum, the net present value of the estimated interest subsidy is some £1.63 million.

 In respect of rent rebate:-

Any rent rebate payable will depend on the individual circumstances of the tenants. The cost will be the same whether realised as rent rebate payments or foregone rent abatement, if the property were retained by the States. The introduction of the Income Support Scheme in 2007 will see the distinction between rent rebate and rent abatement disappear.

3. Oral Questions -

1. Senator B.E. Shenton:

Can I ask for Standing Orders to be suspended to allow time for questions to be answered?

The Bailiff :

I am sorry? You want ..

Senator B.E. Shenton:

The time limit removed so that all questions can be answered today.

The Bailiff :

Is the proposition of Senator Shenton seconded? [Seconded] I put the proposition. Those members in favour of adopting it, kindly show? Those against? The proposition has been carried.

3.1.1 Senator P.F.C. Ozouf (The Minister for Economic Development):

Sir, a point of clarification. Is your normal guideline per question going to be adhered to despite the fact of the extra time given?

The Bailiff :

I think so, Senator, because the Standing Orders provide that members should be concise in their answers and so I take it that that Standing Order has not been suspended.

2. Deputy J.A. Martin of St. Helier of the Chief Minister regarding evidence in support of balance between the delivery of better services and the maintenance of a sustainable level of spending:

On Page 4 of the draft Strategic Plan 2006-2011, it states that a balance has been made between delivering better services while maintaining a sustainable level of spending, and that the Plan is both achievable and affordable. Have any financial studies or business plans been undertaken in support of this statement and, if so, will the Minister guarantee to provide copies to all States Members ahead of the States debate?

Senator F.H. Walker (The Chief Minister):

The draft Strategic Plan has been developed on the basis of the most recent financial forecasts. These were contained in the 2006 Budget Report, copies of which have already been provided to Members. Later this year the States shall be asked to approve the States Business Plan and this will set out cash limits for 2007 together with projected expenditure for the period 2008-2011. These expenditure targets will need to comply with the parameters to be established by the strategic plan, including the overriding principle that expenditure should be sustainable throughout this period.

1. Deputy G.P. Southern of St. Helier :

The Chief Minister refers to the word "achievable": can I draw his attention to other letters from the word "smart", which are "measurable" and "timed". When, if at all, are these targets - outlined in the Strategic Plan - going to be refined by measurable measures and timing? When are they going to occur?

Senator F.H. Walker :

The  Strategic Plan is, as its title suggests, basically an overview of the major policies. The measurable targets together with the timescales for their achievement will be included in the Business Plan when that is brought to the House later this year.

2. Connétable A.S. Crowcroft of St. Helier :

I am aware that the Chief Minister has invited comments on the draft Strategic Plan from Members and indeed from the public. Could he confirm whether the Strategic Plan will be capable of amendment by Members when it is brought to the house?

Senator F.H. Walker :

Sir, not only can I confirm that but I would also confirm - as I have said publicly on a previous occasion - that the Council of Ministers themselves will not hesitate to bring amendments to the Strategic Plan if they feel it appropriate, given the response to the consultation process.

3. Deputy G.P. Southern :

Notwithstanding the Chief Minister's previous answer, is he aware that many, if not most, of the targets set out in the Strategic Plan are so vague as to be unvisionable and that this requires a heavy degree of work to bring it to "smart" targets. Is he committed to doing that heavy amount of work?

Senator F.H. Walker :

Sir, I think I have already answered that question, the answer is yes.

4. Deputy J.A. Martin:

Can I be quite clear, will we get the Business Plan - the figures - before we debate the Strategic Plan in this House?

Senator F.H. Walker : The answer is yes.

5. Deputy G.P. Southern :

As part of his written answers, he refers to additional funding already, on the back of this Strategic Plan, of £1.3 million to take care of the Teachers' Pension Fund. Can he confirm that this already is additional funding to that outlined in his achievable and affordable Strategic Plan?

Senator F.H. Walker :

No, Sir, this is included with the achievable and affordable Strategic Plan.

3. Deputy A. Breckon of St. Saviour of the Minister for Social Security regarding the adequacy of the minimum wage rate:

In the light of evidence produced from cost of living comparisons between the U.K. (United Kingdom) and Jersey, is the Minister satisfied that the rate at which the minimum wage has been set is adequate?

Senator P.F. Routier (The Minister for Social Security):

I do not believe you can compare Jersey and the U.K., or indeed any other country in this particular way. Countries with a minimum wage in place devise their own system and set their own rates based upon particular national and economic circumstances. When countries introduce a minimum

wage system for the first time, they do so cautiously, monitoring the economic impact at each stage and working with the low pay industries to raise the level gradually over time. The U.K. started with a low minimum wage rate in 1999 and increased it gradually over the years. It is only recently, after the minimum wage had been in place for over 6 years, that the Low Pay Commission has recommended greater increases and also rates for 2 or 3 years in advance. I would hope that when the minimum wage has had time to settle down in Jersey that the Island would follow a similar route and we would then see a higher rate.

1. Deputy A. Breckon:

The Minister has mentioned being cautious but what I asked the Minister was, was he satisfied that the rate, where it is set, is adequate, bearing in mind that it will be £4 a week less than the U.K.? I know about comparisons, but is he satisfied that that is a healthy situation to have here?

Senator P.F. Routier:

The plain answer to the question is, yes, I am satisfied that the rate is suitable for Jersey. The Deputy did comment that ours would be £4 less than the U.K. but you really cannot make those comparisons because people are paid at a rate for the number of hours that they work and people work different hours and what we have seen, even in the most recent uprating of the minimum wage, is that businesses will adjust the number of hours that people work and I can actually quote a couple of businesses, I would not name them by name, but certainly that they have actually reduced the hours that people are working so their overall wage bill has not been increased. So, I think it is a very difficult balance to strike. We also need to consider that the U.K. system is totally different to Jersey because what they have are different rates for different ages. They have 16-17 year old at one rate, they have 18-21 at another rate and then it is only at 22 that people will get a full minimum wage. So if we want to reflect, perhaps, what the U.K. rates are, we need to perhaps again think about what was rejected by the States, the introduction of a youth rate.

2. Deputy G.P. Southern :

The Minister steadfastly refuses to answer the question. Does he believe that the rate is adequate? Does he not accept that the cost of living in Jersey is at least 20 per cent higher than in the U.K. in terms of food prices, as recently shown in the survey, and in terms of rental, certainly?

Senator P.F. Routier:

The Deputy obviously did not hear my answer. I said that the rate, I believed, was adequate for Jersey. But you cannot make the link between what the cost of living in Jersey is with the minimum wage, they are two different mechanisms - they really are - because people work for a different number of hours. Even comparing the U.K.'s rate with ours, we are actually in a leapfrog situation, our rate is uprated in April and the U.K.'s rate is updated in October, so we will find that when April comes around we will leapfrog the U.K. rate. But there are other issues which also come into this. In the U.K. they actually have to pay a higher social security rate deduction off their wage, so it is a different situation completely to the U.K. and, as I say, I would like to see the rate be higher than it currently is.

3. Deputy P.V.F. Le Claire of St. Helier :

I wonder if the Minister could give us an answer in relation to his suggesting that a leapfrog process is going to occur? In April, does that mean Jersey will be in a better position as far as the minimum wage is concerned, financially in terms of pounds and pence, than the U.K. and also whether or not, in accepting that there are different comparators  in relation to these arguments, will the Low Income Support set a level of income based upon someone's minimum wage? If so, do not these levels of comparators need to be examined in the round and will he provide Members with the formula for the comparators that he is using at the moment to derive the amount?

Senator P.F. Routier:

I am afraid, again, that linking the minimum wage to income support is again going to be an extremely difficult thing to do because there is no link between those 2 issues. People will be out in the workplace earning a wage and then their wage will be taken into consideration as to whether they receive income support, so that link really cannot be made. As I say, I have said it several times now and I said it, I think, a couple of sittings ago about the minimum wage, I want to see it as high as it can possibly be but we have to be careful because we have seen that the business community will react and I would not want to see situations whereby youth unemployment becomes higher than it currently is, because it is a major concern for us at the present time, and with Jersey not having a youth rate, I am sure if we were to have a youth rate it is quite possible that the Employment Forum who recommend to us could actually suggest to us that the main rates should actually be higher.

4. Deputy A. Breckon:

Would the Minister agree with me that there are proven higher basic living costs, which have been shown, therefore the proposed minimum wage in Jersey is not adequate?

Senator P.F. Routier:

Again, the link between the higher living costs in Jersey is a link which I am unable to make - I really am - but I find it very difficult to make that link because of the different mechanisms that people use to pay the eventual take home wage; it is not a link I can make. With regard to the question of it being adequate, it is a rate that is adequate for Jersey circumstances.

5. Deputy G.P. Southern :

In maintaining such an artificially low rate, is the Minister not storing up problems for himself in actually enforcing what is, in effect, a poverty wage and that the bill for that poverty will come back to his own Department in Income Support when it eventually arrives, and that will be taxpayers money subsidising employers.

Senator P.F. Routier:

I have difficulty getting the message through to Members about the hours that people work. The number of hours that people work does relate to the amount of money they take home and obviously the amount of money they earn. We see a big cross-section of people working from 20 hours to 50 hours and we will find in the agricultural industry it is quite common for people to work 50 hours; in the hotel industry it is something around 45/47 hours and it is very difficult to actually make that link between the minimum wage and what the take-home pay is, so I really am unable to take that any further.