States Meeting Transcript - 13/02/2007

STATES OF JERSEY OFFICIAL REPORT

TUESDAY, 13th FEBRUARY 2007

QUESTIONS......................................................................................6

1. Written Questions........................................................................6

1. SENATOR B.E. SHENTON OF THE CHIEF MINISTER REGARDING THE APPOINTMENT OF SENATOR M.E. VIBERT TO THE STATES EMPLOYMENT BOARD: ................................................................................6
2. CONNETABLE OF GROUVILLE OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE DRUG TRAFFICKING CONFISCATION FUND:.6
3. DEPUTY D.W. MEZBOURIAN OF ST. LAWRENCE OF THE MINISTER FOR HOME AFFAIRS REGARDING SUICIDE REDUCTION MEASURES AT LA MOYE PRISON:...............................................................................11
4. DEPUTY R.G. LE HERISSIER OF ST. SAVIOUR OF THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING A DATE FOR THE PUBLICATION OF THE HIGHER EDUCATION REPORT:.........................12
5. DEPUTY R.G. LE HERISSIER OF THE CHIEF MINISTER REGARDING SALARY CONDITIONS FOR SUSPENDED EMPLOYEES:....................................13
6. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HOUSING REGARDING THE PROPOSED SALE OF RENTAL UNITS:........................13
7. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE DRAFT INCOME SUPPORT (JERSEY) LAW:.....14
   8. SENATOR J.L. PERCHARD OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING FUNDS NOT RECORDED IN THE STATES OF JERSEY ANNUAL ACCOUNTS: .....................................................15
8. DEPUTY I.J. GORST OF ST. CLEMENT OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING JERSEY'S SEA DEFENCE STRATEGY:...........................................................................25
9. DEPUTY I.J. GORST OF ST. CLEMENT OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE EMPLOYMENT OF PEOPLE WITH DISABILITIES: 25
10. DEPUTY I.J. GORST OF ST. CLEMENT OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING STATISTICS ON ADMISSIONS TO THE GENERAL HOSPITAL: ...............................................................26

2. Oral Questions...........................................................................28

1. Senator L. Norman of the Chief Minister regarding the payment of overtime and bonuses to public employees:....................................................................28 Senator F.H. Walker (The Chief Minister):...................................................28
2. Deputy C.J. Scott Warr en of St. Saviour of the Minister for Housing regarding States tenants wishing to buy the properties in which they reside:.............................29 Senator T.J. Le Main (The Minister for Housing): ............................................29

1. Deputy C.J. Scott Warr en: ..............................................................29

2. Deputy S. Power of St. Brelade : ........................................................29
3. Deputy G.P. Southern of St. Helier:....................................................29
4. Deputy C.J. Scott Warr en: ..............................................................30

5. Deputy G.P. Southern :..................................................................30
6. Deputy G.P. Southern :..................................................................30

3. Deputy G.P. Southern of the Chief Minister regarding a pay agreement with States manual workers:........................................................................31 Senator F.H. Walker (The Chief Minister):...................................................31

1. Deputy G.P. Southern :..................................................................31
2. Deputy R.G. Le Hérissier of St. Saviour:...............................................31
3. Deputy G.P. Southern :..................................................................31
4. Deputy G.P. Southern :..................................................................32
5. Deputy G.P. Southern :..................................................................32
6. Deputy G.P. Southern :..................................................................32

4. Deputy G.P. Southern of the Minister for Economic Development regarding negotiations to increase the headcount of the Economic Development Department:..................32 Senator P.F.C. Ozouf (The Minister for Economic Development):............................32

1. Deputy G.P. Southern :..................................................................32
2. Deputy R.G. Le Hérissier: ..............................................................33
3. Deputy J.A. Martin of St. Helier:.......................................................33
4. Deputy J.A. Martin:....................................................................33
5. Deputy P.V.F. Le Claire of St. Helier : ..................................................33
6. Deputy R.G. Le Hérissier: ..............................................................34
7. Deputy R.G. Le Hérissier: ..............................................................34
8. Deputy G.P. Southern :..................................................................34

5. Deputy K.C. Lewis of St. Saviour of the Minister for Transport and Technical Services: .........................................................................................35 Deputy G.W.J. de Faye of St. Helier (The Minister for Transport and Technical Services):...35

1. Deputy K.C. Lewis :....................................................................35
2. Deputy G.C.L. Baudains of St. Clement : ...............................................35
3. Deputy C.H. Egré of St. Peter:..........................................................36
4. Deputy P.V.F. Le Claire: ...............................................................36 The Bailiff :...................................................................................36

3. Questions to Ministers without notice - The Minister for Treasury and Resources...36

1. Deputy F.J. Hill of St. Martin : ..........................................................36 Senator T.A. Le Sueur (The Minister for Treasury and Resources): ..........................37
2. Deputy G.P. Southern :..................................................................37

1. Deputy G.P. Southern :..................................................................37
2. Deputy G.P. Southern :..................................................................37
   3. Deputy A.D. Lewis of St. John : ........................................................37
   4. Senator J.L. Perchard:..................................................................37

3.4.1 Senator J.L. Perchard:..................................................................38

5. Deputy R.G. Le Hérissier: ..............................................................38
6. Deputy G.P Southern :..................................................................38
7. Deputy S.C. Ferguson of St. Brelade : ..................................................39
8. Deputy R.G. Le Hérissier: ..............................................................39
9. Connétable D.J. Murphy of Grouville :..................................................39
10. Deputy G.P. Southern :..................................................................39

3.10.1 Deputy G.P. Southern : ................................................................39

11. Deputy P.V.F. Le Claire: ...............................................................40

3.11.1 Deputy P.V.F. Le Claire:..............................................................40

12. Deputy S.C. Ferguson:..................................................................40 The Bailiff :...................................................................................41

4. Questions to Ministers without notice - The Chief Minister............................41

1. Deputy P.N. Troy ofSt.Brelade:.......................................................41 Senator F.H. Walker (The Chief Minister):...................................................41
2. The Dean of Jersey The Very Reverend R.F. Key:......................................41
3. Deputy S.Power:.......................................................................42
4. Deputy J.A. Martin:....................................................................42

1. Deputy G.P. Southern :..................................................................42
2. Deputy G.P. Southern :..................................................................43

5. Deputy R.G. Le Hérissier: ..............................................................43

4.7 Deputy R.C. Duhamel of St. Saviour No. 1:............................................43

1. Deputy P.V.F. Le Claire: ...............................................................44 The Bailiff :...................................................................................44
2. Deputy R.C. Duhamel: .................................................................44
3. Deputy R.C. Duhamel: .................................................................44
4. Deputy P.V.F. Le Claire: ...............................................................44 The Bailiff :...................................................................................45

STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY........................45

5. The Chairman of the Privileges and Procedures Committee regarding the outcome of an investigation into a breach of the Code of Conduct for Elected Members .........45

5.1 Connétable D.F. Gray of St. Clement (Chairman of the Privileges and Procedures Committee): ............................................................................45 The Bailiff ....................................................................................45

6. The Minister for Economic Development in relation to the Fisheries and Marine Resources Panel..........................................................................45

6.1 Senator P.F.C. Ozouf (The Minister for Economic Development):......................45 Deputy G.P. Southern :........................................................................45 Senator P.F.C. Ozouf :........................................................................46 Connétable M.J. Jackson of St. Brelade : ......................................................46 The Bailiff :...................................................................................46

7. The Minister for Treasury and Resources concerning the Drugs Trafficking Confiscation Fund.......................................................................46

7.1 Senator T.A. Le Sueur:.................................................................46

7.1.1 Senator J.L. Perchard:..................................................................46

PUBLIC BUSINESS.............................................................................47

8. Composition and election of the States Assembly: options for change (R.97/2006)....47

The Bailiff :...................................................................................47

1. Connétable of St. Clement (Chairman of the Privileges and Procedures Committee):...47 The Bailiff :...................................................................................47
   2. Deputy J.B. Fox of St. Helier:..........................................................47 The Bailiff :...................................................................................47 Connétable of St. Clement:...................................................................47
   3. Deputy I.J. Gorst of St. Clement:.......................................................47
   4. Deputy A.D. Lewis of St. John : ........................................................48 Deputy G.W.J. de Faye:......................................................................48 The Bailiff :...................................................................................48

5. Deputy G.W.J. de Faye:................................................................48
6. Senator M.E. Vibert :....................................................................48
7. Deputy A.D. Lewis :....................................................................49
8. Deputy G.P. Southern :..................................................................49
9. Deputy R.G. Le Hérissier: ..............................................................49
10. Deputy J.A. Martin: .................................................................50
11. Deputy G.C.L. Baudains: ............................................................50
12. Senator P.F.C. Ozouf : ...............................................................50
13. Connétable of St. Clement:..........................................................50 The Bailiff :...................................................................................51

9. Draft Departments of the Judiciary and the Legislature (Amendment No. 4) (Jersey) Law 200- (P.169/2006)...................................................................52

The Bailiff :...................................................................................52 Senator F.H. Walker (The Chief Minister):...................................................53

1. Connétable K.P. Vibert of St. Ouen (Assistant to the Chief Minister - rapporteur):.....53 The Bailiff :...................................................................................53 Deputy J.D. Ryan of St. Helier (Chairman of the Corporate Services Scrutiny Panel):........53
2. The Connétable of St. Ouen:............................................................53 The Connétable of St. Ouen:..................................................................53 The Bailiff :...................................................................................53

10. Jersey Child Care Trust: appointment of Chairman (P.11/2007)......................54 The Bailiff :...................................................................................54

10.1 Senator M.E. Vibert (The Minister for Education, Sport and Culture):..................54 The Bailiff :...................................................................................54

11. Jersey Arts Trust: appointment of Chairman (P.12/2007).............................54

The Bailiff :...................................................................................54 Senator M.E. Vibert (The Minister for Education, Sport and Culture):........................54 11.1 Deputy C.F. Labey of Grouville (Assistant Minister for Education, Sport and Culture):54 The Bailiff :...................................................................................55

12. Jersey Financial Services Commission: appointment of Commissioner (P.8/2007) ...55

The Bailiff :...................................................................................55 The Bailiff :...................................................................................55 The Bailiff :...................................................................................55

ARRANGEMENT OF PUBLIC BUSINESS FOR FUTURE MEETINGS ....................55

13. Connétable of St. Clement (Chairman of the Privileges and Procedures Committee):...55 The Bailiff :...................................................................................56

1. Deputy G.P. Southern :..................................................................56 The Bailiff :...................................................................................56
2. Deputy A. Breckon of St. Saviour:......................................................56

1. Deputy J.A. Hilton of St. Helier (Assistant Minister for Housing:....................56 The Bailiff :...................................................................................56
2. Deputy S.Power:....................................................................56
   3. Deputy G.P. Southern :..................................................................57 The Bailiff :...................................................................................57
   4. Deputy R.G. Le Hérissier: ..............................................................57

1. Senator M.E. Vibert :................................................................57

2. Deputy G.P. Southern : ..............................................................57
3. Deputy P.V.F. Le Claire:............................................................57
4. Senator M.E. Vibert :................................................................58
5. Deputy G.P. Southern : ..............................................................58 The Bailiff :...................................................................................58 The Bailiff :...................................................................................58

ADJOURNMENT................................................................................58 The Bailiff :...................................................................................58

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

QUESTIONS

1. Written Questions

1. SENATOR  B.E. SHENTON  OF  THE  CHIEF  MINISTER  REGARDING  THE APPOINTMENT OF SENATOR M.E. VIBERT TO THE STATES EMPLOYMENT BOARD:

Question

Would the Chief Minister explain the rationale behind the decision to select Senator M.E. Vibert as a member of the States Employment Board and state whether any conflicts of interest arise in relation to this appointment?

Answer

Senator M.E. Vibert was a natural choice as a member of the States Employment Board. Not only does he possess past experience as a trade union negotiator, but he has formerly sat as a member of the Human Resources Sub-Committee of the Policy and Resources Committee and served, as an Employer nominee, on the Manual Workers' Joint Council and the Committee of Management of the Public Employees Contributory Retirement Scheme. He is also Minister for the States' second largest employing department.

Senator Vibert declared to the Board at the outset that his wife was an employee of the States – a teacher – and this was acknowledged by other members of the Board as not posing a problem. He regularly reminds the Board of this, especially when an item pertaining to teachers is discussed, and he takes no part in such discussions.

2. CONNETABLE  OF GROUVILLE  OF THE  MINISTER  FOR  TREASURYAND RESOURCES REGARDING THE DRUG TRAFFICKING CONFISCATION FUND: Question

Would  the  Minister  provide  members  with  a  list  of  applications  for  funds  from  the  Drug Trafficking Confiscation Fund showing the rejected applications and the reasons for rejection?

Answer

With reference  to the statement  also  made this  morning, this  list does  not  represent the  full expenditure from the Drug Trafficking Confiscation Fund. It provides details of approved and declined amounts from 1998 onwards, as detailed in minutes that are readily available. A full list will be confirmed in due course.

Project Date of  Amount  Amount  Reason Minute Approve declined for

d decline

17/02/9

Education - Youth Service 8 4,000

17/02/9

Health - Awareness Campaign 8 38,000

Health - Research re drug use by 16-25 year olds Harm Reduction Conference

SLR - Sports for all Day

Police - Endoscope

Harm Reduction Conference

Customs - Training Initiative for Customs officers Customs - Sea vessel

CTV Documentary

Home Affairs - Combating Drugs Conference

Police - Surgeons Conference

Health - Refurbishment of Pharmacy

Customs - Technical equipment

Customs - IT Support for Drugs Intelligence Bureau

Harm Reduction Conference

Health - Research into Emotional & Behav. Support in Children Police - Confidential

SLR - Sport For All Day

Harm Reduction Conference

Police - Confidential No.2

Health - Shared Care Community Methadone Programme Health - Methadone Co-ordinator

13/05/9

8 12,200

14/05/9

8 3,000 15/05/9

8 600 16/05/9

8 11,000

22/09/9

8 2,500 22/09/9

8 7,000 22/09/9

8 66,675

22/09/9 Not  Not

8 Minuted  Minuted

22/09/9 Not

8 10,000  Minuted Strength

of 08/12/9 applicatio 8 10,000  n

08/12/9

8 16,400

08/12/9

8 44,575

08/12/9

8 106,000

08/12/9

8. 30,000

16/03/9

9 8,467 16/03/9

9. 114,000

16/03/9

9 2,125 16/03/9

9 4,740 20/07/9

9 520,000

20/07/9

9 13,800

12/11/9

9 41,000

12/11/9

Health - Jersey Addiction Group 9 15,000

17/07/0

Customs - Airport / Harbours Departure Posters 0 10,000

20/07/9

Education - Student Guides 9 700

06/03/0

Prison - Drug Detection Equipment 1 30,310

06/03/0

Customs - CCTV Surveillance System 1 50,000

Strength of

06/03/0 applicatio Probation and Police - Research 1 59,620  n

04/09/0

Health - Outreach Needle Exchange Worker 1 49,594

30/10/0

Customs - Drug Detection Dog Facility  1 47,000

13/12/0

Customs and Harbours - Elizabeth Terminal Custody Suite 1 293,069

Was  not 80%  for

illegal substance

misuse  - therefore

failed 05/03/0 against

Salvation Army Residential Aftercare accommodation 2 950,000  criteria

10/10/0

Customs - Covert Surveillance Equipment 2 5,000

11/10/0

Customs - Tape Recording Equipment 2 13,200

12/10/0

Prison -Healthcare Services Booklet 2 2,705

13/10/0

Prison - Drug & Alcohol Database 2 5,800

14/10/0

Prison - Drug Training & Support 2 48,600

06/03/0

Police Cozart Rapiscan 3 6,744

06/03/0

Police Operation Dart 3 33,389

06/03/0

Harm Reduction Conference 3 1,501

06/03/0 Was  not Police - Fingerprint ID technology 3 36,420  80%  for

illegal

substance misuse  - therefore failed against criteria

Police Open Integrated Intelligence Database

Police Driver Training for Customs

Polices Surveillance Training

Police Rat on Rat Campaign

Police DNA Awareness Campaign

Protective equipment for Drugs Squad Officers

Police High Speed A3 Colour Printer

Police - Financial Crime Unit IT system

Customs & Immigration Testing Equipment for Class A Drugs Customs & Immigration Banned Substance Recovery Equipment Police - Drugs squad accommodation

06/03/0

3 55,000

17/06/0

3 10,500

17/06/0

3 32,970

17/06/0

3 3,500 17/06/0

3 9,000 07/08/0

3 20,000

07/08/0

3 2,269 07/08/0

3 75,000

07/08/0

3 6,403 07/08/0

3 8,245 18/12/0

3. 90,000

Was  not 80%  for

illegal substance

misuse  - therefore

failed 18/12/0 against

Police - Fingerprint technology 3 109,260  criteria

18/12/0

Police - Drugs squad technical equipment 3 51,250

Strength of

18/12/0 applicatio Police Face recognition system 3 39,870  n

Was  not 80%  for

illegal substance

misuse  - 18/12/0 therefore

Police - Confidential 3 10,000  failed

against

criteria

18/12/0

Official Analyst Lab Automated Solid Phase Extraction System 3 22,232

18/12/0

Alcohol & Drug Service Residential Rehab for Drug Misusers 3 90,000

Was  not 80%  for

illegal substance

misuse  - therefore

failed 18/12/0 against

Shelter Trust - Shelter Upgrade 3 95,000  criteria

18/12/0

Customs Public Relations Plan re Drug Sentencing Policy in Jersey 3 10,000

Strength of

18/12/0 applicatio Private Pharmacy security measures 3 7,028  n

04/05/0

Classroom /Drug Awareness Course - La Moye Prison 4 5,000

04/05/0

Counselling Education Facility - La Moye Prison 4 5,775

04/05/0

Police - Confidential 4 12,000

04/05/0

Police - Drugs intelligence training 4 9,500

04/05/0

Police - Technical equipment 4 32,500

Strength of

04/05/0 applicatio Prison - Education materials 4 40,000  n

04/05/0

Health - Testing Equipment for the presence of drugs 4 7,000

17/01/0

Police - Technical Equipment 5 183,800

Was  not 80%  for

illegal substance

misuse  - therefore

failed 17/01/0 against

Jersey Addiction Group 5 100,000  criteria

15/04/0

Building a Safer Society 2005 4 510,000

Building a Safer Society 2006 Building a Safer Society 2007 Building a Safer Society 2008 Building a Safer Society 2009

Home Affairs – Regulation of Investigatory Powers Law – Implementation costs

Customs – Technical equipment

Home Affairs – Regulation of Investigatory Powers Law – Year one revenue costs

15/04/0

4. 510,000

15/04/0

4 510,000

15/04/0

4 510,000

15/04/0

4 510,000

25/10/0

6 733,000

25/10/0

6 165,000

07/01/0

3 437,000

3. DEPUTY  D.W. MEZBOURIAN  OF ST.  LAWRENCE  OF THE  MINISTER  FOR HOME AFFAIRS REGARDING SUICIDE REDUCTION MEASURES AT LA MOYE PRISON:

Question

1. Following a suspected suicide at the prison, the Minister answered questions on this matter on 12th September 2006. Will the Minister advise members of any new suicide prevention procedures or measures that have been put in place since her comments?
2. During  the  same  meeting,  the  Minister  informed  members  that, although  certain recommendations ofHer Majesty's Inspector relating to measures for suicide and self harm reduction had been implemented, it was impossible to implement meaningful strategies unless the necessary resources were available. Will the Minister inform members whether decisions ontheprecise allocation and spending of prison resources are made by her and, if not, state how such decisions are made?
3. Would the Minister advise members whether, following the suspected suicide in September 2006, and her assertion of "the need to constantly reassessthe way that we care for all ofour prisoners", additional resources were allocated for suicide and self harm reduction measures?"

Answer

1. The question on the 12th September 2006 related to the recommendations made in the last two HMI inspection reports. It is relevant to remind members that the 2005 HMI inspection found that a self-harm and suicide strategy document had been written and published; a prison's  suicide  prevention  co-ordinator  had  been  nominated;  a  suicide  prevention committee had been set up; and that good statistical information was provided and was being used by the committee to identify trends and potential areas of concern. The six recommendations made in the 2005 report related mainly to who should attend suicide prevention committee meetings and case reviews. Since I made my last comments, the prison has introduced additional risk assessment procedures for all new receptions into the prison.   Regular  suicide  awareness  group meetings  continue  to be  held  to review  all procedures relating to the care of prisoners. Funding has been found from the prison budget

to convert some cells across the prison to safer cells'. The main capital expenditure in relation to this is the purchase and fixing of safer windows'. These need to be manufactured to a particular design (only available off Island) and although the order was placed in 2006 unfortunately the manufacturer experienced problems with a sub-contractor. The windows are expected to be fitted by the end of February. This will mean that we have sufficient safer cells' for each part of the prison (male, female, young offender and vulnerable prisoners). These cells are designed to virtually eliminate ligature points.

2. As Minister for Home Affairs, it is my responsibility to agree the distribution of the Home Affairs budget among the various departments based upon business plan objectives. As with any major service area, I will also agree the overall budget and key areas of expenditure for the Prison which includes the Prison Performance Improvement Plan. However, the detailed expenditure ofthat budget in-year is the responsibility ofthe Prison Governor. He agrees spending plans withtheChiefOfficerHome Affairs who has overall responsibility for the management of the Home Affairs budget as the Accounting Officer.
3. Further to some funding being found from within the Prison budget to convert some cells to safer cells' as described in answer to (a), additional funding has been identified for the Prison to enable it to make significant progress during 2007 in many areas linked withthe Performance Improvement Plan. Many ofthe proposals for improvement across the Prison are linked with the care of prisoners which will help to reduce the risk of suicide or self- harm. It is also clear that, if additional resources are found to offer better hope of rehabilitation through training or offending behaviour courses, this will have a positive effect in reducing the risk of suicideor self-harm by reducing the sense of hopelessness felt by many prisoners.

4. DEPUTY R.G. LE HERISSIER OF ST. SAVIOUR OF THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING A DATE FOR THE PUBLICATION OF THE HIGHER EDUCATION REPORT:

Question

Would the Minister inform members when the findings of the report into Higher Education will be published and would he state what payments, if any, have been made to date to the Group's adviser, Dr. Goldstein and for what number of hours worked?

Answer

In 2004, the Education, Sport and Culture Committee commissioned Dr. Michael Goldstein to undertake a review of Higher Education with specific reference to its development in the Island. The report, A Review of Higher Education: The Next Steps' (often referred to as the Goldstein Report) was presented to the States on 12th April 2005. It recommended the expansion of higher education provision in the Island through the development of a Higher Education Academy.

Subsequently in October 2005, the Education, Sport and Culture Committee agreed to establish a Higher Education Development Group (HEDG) -

as a precursor to the development of the Jersey Higher Education Academy', to co- ordinate the provision and development of higher education within the island and to advise the Stateson matters relating to need, development and funding.'

Dr. Michael Goldstein was invited to chair the Higher Education Development Group. To-date, the group has met on 12 occasions and each meeting has been of three hours or more. In addition, as Chairman of HEDG, Dr. Goldstein has also devoted time to meeting with a variety of people and organisations, on and off-Island to assist in the achievement of the goals established for the group. To-date, he has claimed fees of £24,085.65 for approximately 281/2 days (£850 per day).

I will be receiving the annual report, detailing the work of HEDG in 2006 after its meeting on 14th February, I understand it will contain a number of recommendations including -

a broader membership of HEDG;

the replacement of HEDG by a successor body – the Jersey Higher Education Commission;

the development of appropriate facilities for the delivery of higher education in the Island – a university centre for Jersey.

It is my intention to share the contents of this report with the Council of Ministers in March.

5. DEPUTY R.G. LE HERISSIER OF THE CHIEF MINISTER REGARDING SALARY CONDITIONS FOR SUSPENDED EMPLOYEES:

Question

Will the States Employment Board be seeking to change the conditions which allow some employees to enjoy bonus and overtime payments when under suspension? If so, what reforms will the Board be seeking and when will these be implemented?

Answer

It is not only currently a contractual entitlement for an employee to be paid his normal rate of pay when suspended for disciplinary reasons, pending a hearing, but also best practice. We have no intention of changing this.

Bonus payments would not be made to an employee under suspension as the States do not make bonus payments.

Overtime payments would only be made in the very rare circumstances where an employee was subject to a contractual overtime arrangement.

6. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HOUSING REGARDING THE PROPOSED SALE OF RENTAL UNITS:

Question

Following his repeated verbal assurances that no tenant will be required to leave their home under the proposed sale of 800 States rental units, will the Minister undertake to write to all tenants confirming his absolute assurance?

Answer

The Department produces a magazine for Tenants entitled, Community News'. I will be writing an article for the next publication which is due out shortly. I will of course confirm that no tenant has anything to fear from the Social Housing Property Plan. The Plan proposes selling 800 homes over a ten year period. If a tenant is unable or does not wish to purchase one of these homes, they will not be required to vacate the same as a result. I will also point out the enormous benefits this Property Plan will bring to our tenants' lives; giving many an opportunity to purchase a home through a shared equity scheme, bringing all properties up to an acceptable standard, regenerating parts of St. Helier and providing more suitable homes for an ageing population. States Tenants have much to look forward to.

7. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE DRAFT INCOME SUPPORT (JERSEY) LAW: Question

1. In response to an oral question without notice on 30th January 2007 the Minister stated that the Data Protection Commissioner had inspected the draft Income Support (Jersey) Law 200-; will he now inform members when this occurred and what comments were received by his department as a result?
2. Will the Minister inform members what tax revenue, if any, is predicted to be required in order to fund income supportto compensate for the partial benefits paid under the Long Term Incapacity Allowance scheme when Income Support commences and what projections have been made for the growth of this figure over the coming decade?

Answer

1. The Data Protection Commissioner was sent a copyofthedraft Income Support Law on the 26 June 2006 and was invited to confirm whether the draft Law was satisfactory fromthe Data Protection perspective.

The only comments received by my department related to ensuring its conformity with the European Convention of Human Rights (ECHR). These comments were copied to the Senior Legal Adviser undertaking the Human Rights audit of the Law and, indeed, the Data Protection Commissioner (DPC) corresponded directly with the Senior Legal Adviser. The Law which has now received Royal Assent was confirmed as Human Rights compliant.

2. Long Term Incapacity Allowance compensates those with long-term conditions for the loss of faculty arising from those conditions. Unlike benefits which it replaced it doesnotactas a disincentive to work, rather it is intended as an in-work benefit. As it allows people to work, the intention is for people to earn more income than they would have received had they been in receipt ofthe legacy benefit and thereby been unable to work and thereby decrease their dependency upon benefits.

In the event that a recipient is unable to find work and is in receipt of LTIA at less than 100%, then currently the person concerned may need to seek assistance through Parish Welfare.

The introduction of Income Support will simply transfer that assistance from Parish Welfare to Income Support, and Income Support will be funded to include the current level of Parish Welfare expenditure.

Income equivalent to the entire parish Welfare budget has already transferred to the States through the introduction of the Island wide rate, along with the responsibility to fund Parish Welfare until Income Support is introduced. No new tax revenues are thereby required.

Until Income Support is in place, the department will not know who in receipt of LTIA will also need to access Income Support and for very obvious data protection reasons the department does not know who on LTIA is also in receipt of Parish Welfare.

It will be sensible to undertake projections for all future Income Support costs once the scheme is in operation. These projections will include estimates of the number of LTIA claimants in paid employment and the number seeking additional support through Income Support.

1.8. SENATOR J.L. PERCHARD OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING FUNDS NOT RECORDED IN THE STATES OF JERSEY ANNUAL ACCOUNTS:

Question

Will the Minister advise members of the name of every fund administered by the States of Jersey that is not recorded in the Annual Accounts giving, in each case, the balance in the fund together with the criteria, application procedures and mechanisms in place for the use of the fund.

Answer

The States administer a number of funds which permit expenditure outside of approved cash limits in the Annual Business Plan. These fall into a number of categories:

• Separately constituted funds – these are detailed in the States' Annual Accounts;
• Funds not reported in the States' Annual Accounts but published elsewhere – these relate to the Social Security department and are published in the Social Security Annual Report and Accounts;
• Special funds – these are not reported in any published Accounts.

Further information on those funds not appearing in the States' Annual Accounts  is provided below. For the sake of completeness details are also given of funds which do appear in the States' Annual Accounts but may not be easily identifiable as such. It should be noted that the accounting treatment and presentation for all funds will be reviewed as part of the project to move the States' accounts towards GAAP compliance.

1. Included as expenditure in the States Annual Accounts

Safety Grants Fund – currently included in the Home Affairs Department's budget but due to be transferred to the Transport and Technical Services Department. Projects are considered by the Safety Grants Panel. Criteria for consideration are –

• Beneficial to the community at large,
• For one-off items of expenditure only,
• For innovative ideas,
• Not restricted financially, subject to the balance in the fund,
• Island based,

• For anything which would significantly enhance community safety and for which there is no or insufficient public funding,
• Directly related to community safety.

The Panel has not met for some time. The balance on the fund at 31st December 2006 was £250,865. The existence of the fund is maintained through a ring-fenced carry forward of revenue budget.

Community Fund - to support Sport and Leisure Clubs and Associations on a £ for £ basis to develop facilities. Applications need to be supported by at least 2 tenders and the final decision is made by the ESC Minister. Balance at 31st December 2006 was £123,400.

2. Not included in the States Annual Accounts but published elsewhere

The use of these three funds is governed by Laws and subordinate Regulations and Orders -

Social Security Fund – the means by which people insure themselves through the payment of contributions for periods when they are unable to work through ill-health, maternity or retirement. Net Assets at 31st December 2005 were £61 million.

Social Security Reserve Fund - this is the buffer fund contributing to the consequences of the ageing population and is the means by which contributions rates are smoothed over time. The

balance as at 31st December 2005 was £499 million.

Health Insurance Fund - this levies contributions on earnings to subsidise GP visits and prescriptions for residents. The balance at 31st December 2005 was £44 million.

3. Not included in any published accounts

The States administer 154 "Special Funds". The majority of these are the result of gifts or bequests. 43 funds are administered by Education Sport and Culture, 88 by Health and Social Services and 23 by the Treasury. As at 31st December 2005 balances on all funds totalled £34,679,577. However the six largest funds accounted for £30,211,209. Brief details of arrangements for the largest funds are given below. A full list of Special Funds, together with their balances as at 31st December 2005, is provided at the end of this written answer. Further details of smaller funds can be provided to States Members on request.

Rivington Travelling Scholarship - to facilitate any person, male or female, of any age, to visit such museums or art galleries out of the Island that would further his or her appreciation of art, crafts and/or history. Application is required to Education, Sport and Culture and approval is required from a panel which includes independent representatives. Balance at 31st December 2005 was £465,172.

Lord Portsea Gift Fund - to help all young Jersey and Guernsey boys (of Jersey and Guernsey parentage) entering the Royal Navy, Army, Air Force and Civil Services who need financial help. The income of the fund is administered by a delegation of eight persons. Application is required to Education, Sport and Culture and approval is required by a panel which includes Jurats and an Assistant Minister. Balance at 31st December 2005 was £334,415.

Sayers Bequest – a capital sum bequeathed under the Will of the late Henry William Sayers in the following manner: by payments in the form of scholarships or by additions to existing scholarships to assist promising scholars to proceed to Universities in England, including Provincial Universities, such scholars to be boys born in Jersey and educated at Victoria College Jersey, particularly to assist boys whose parents are not in affluent circumstances. Grants are based on recommendations made to the Governing Body by Victoria College Headmaster following consultation with the College Executive Committee. Balance at 31st December 2005 was £162,226.

C.W.C Stevens - to give assistance either financially or in kind to boys and girls whether born in Jersey or having lived and been educated in Jersey for a minimum period of 10 years who have been accepted by and entered into any of the Colleges of the University of Oxford. There is automatic eligibility. Students who conform to requirements are identified by Education, Sport and

Culture and notified to the Treasury. Balance at 31st December 2005 was £161,760.

Criminal Offences Confiscation Fund – the use of this Fund is prescribed in the Proceeds of Crime Law 1999. Funds may be used by the Minister for Treasury and Resources to promote or support measures that prevent or suppress criminal conduct. A steering group comprising the Attorney General, Treasurer of the States, Viscount and Deputy Greffier of the States assess applications to the Fund. Criteria for applications are prioritised as follows –

• payment of legal expenses incurred in asset-seizure cases;
• discharging international obligations;
• preventing criminal conduct;
• dealing with the consequences of criminal conduct;
• other requests.

The balance on the fund as at 31st December 2005 was £10,375,720.

Greville Bathe Fund – to provide monetary support to the sick and aged of the Island, and those who have served the Island. Fund administration is carried out by four Jurats. Applications are received, a sponsor is required. Balance as at 31st December 2005 was £9,389,398.

Drug Trafficking Confiscation Fund – The use of this Fund is prescribed in the Drugs Trafficking Offences (Jersey) Law 1988. Funds may be used by the Minister for Treasury and Resources for preventing and suppressing drugs trafficking or the misuse of controlled drugs. A steering group comprising Chief Officers from Treasury, Education, Probation, Health, Customs, Prison and Police assesses applications to the Fund. Criteria for applications to the steering group are that they should aim to reduce the misuse of illegal drugs in Jersey or assist in dealing with the consequences of drug misuse, be for non recurring expenditure which would not normally be included in departments' operating budgets, not be for staff costs of more than 12 months and be supported by a Chief Officer. Bids which are in accordance with the Law but outside the above criteria - such as the States Building a Safer Society strategy which was a commitment to 5 years

funding – are approved by the Minister for Treasury and Resources. The balance on the fund at 31st December 2005 was £3,642,520.

Ann Alice Rayner Fund – for the purchase of equipment for the General Hospital. Also provides support for needy people of the professional classes resident in Jersey. Treasury & Resources are responsible for investment of the fund. Fund is administered by four Jurats. Applications are received. Balance as at 31st December 2005 was £2,017, 960.

Le Don Le Faye – Annual income is distributed to the Rectors of the twelve parishes to help the sick and needy. The Treasurer has the authority to invest or make payments as directed by the Minister for Treasury and Resources. Balance as at 31st December 2005 was £790,457.

Ecology Fund – Designed to promote and protect the environment and wildlife of Jersey. Five trustees are appointed by the States. Investment responsibility lies with the Treasurer. Balance as at

31st December 2005 was £481,579.

Pilot Boat Reserve Fund – the fund pays boat pilots who dock boats visiting the island, and also provides money for the purchase of new boats, equipment, etc. The Economic Development Minister holds responsibility. Pilots are paid monthly from the fund, which collects the docking fees of boats visiting the Harbour. Balance as at 31st December 2005 was £100,318.

Estate E.J. Bailhache – according to the documentation available the validity of the will was contested and a settlement was agreed in March 1984 on the basis of 60 per cent of the estate being retained by the public of the Island; the consent order was made by an act of the Royal Court dated 25th January 1985. According to a Finance and Economics Committee act of 18th February 1985

the properties and monies were to be held for "the general welfare of persons elderly and/or blind or sick at the General Hospital", these terms being in accordance with the will. All funds administered by Health and Social Services have a designated fund manager and authorised signatory. The fund manager decides the most appropriate use of funds in accordance with the donor's wishes. Dependant on the amount expenditure must be approved by either the fund manager, the Chief Executive Officer or the Minister. The balance on the fund at 31st December

2005 was £2,587,822.

Estate – H.E. Le Seelleur – under a will dated 28th December 1988 Mr Le Seelleur, who died on 22nd October 1996, devised the reversionary interest in two properties to the States of Jersey and bequeathed the remainder of his immovable estate to the States of Jersey. In the will it states that; "the said States of Jersey shall consult my said executors of my movable estate upon the use of my properties with a particular view towards the use of such properties for the benefit of aged, infirm and needy residents of the Island." Responsibility for the estate was transferred to the Health and Social Services Committee by the States in June 1997. All funds administered by Health and Social Services have a designated fund manager and authorised signatory. The fund manager decides the most appropriate use of funds in accordance with the donor's wishes. Dependant on the amount expenditure must be approved by either the fund manager, the Chief Executive Officer or the

Minister. The balance on the fund at 31st December 2005 was £2,197,789.

Herbert Bidder Coppard – under a will dated 13th July 2000 Mr Coppard, who died on 20th September 2000, left one eleventh of the residue of his estate to; "The States of Jersey Public Health Committee for the specific benefit of patients at the General Hospital, St Helier Jersey." All funds administered by Health and Social Services have a designated fund manager and authorised signatory. The fund manager decides the most appropriate use of funds in accordance with the donor's wishes. Dependant on the amount expenditure must be approved by either the fund

manager, the Chief Executive Officer or the Minister. The balance on the fund at 31st December 2005 was £253,944.

A.H. Ferguson Bequest – under a will dated 13th November 1980 Mr A H Ferguson, who died on 20th September 1982, left the residue of his estate "unto the Public Health Committee of the States of Jersey" stating; "and I desire them to apply the same for the benefit of the Intensive Care Unit at the Jersey General Hospital". All funds administered by Health and Social Services have a designated fund manager and authorised signatory. The fund manager decides the most appropriate use of funds in accordance with the donor's wishes. Dependant on the amount expenditure must be

approved by either the fund manager, the Chief Executive Officer or the Minister. The balance on the fund at 31st December 2005 was £176,762.

Full listing of Special Funds

Administered by Education Sport and Culture

Balance Name of fund (£)

Rivington Travelling Scholarship 465,172 Lord Portsea Gift Fund 334,415 Sayers Bequest 162,226 C. W. C. Stevens 161,760 P.D. Woods Bequest 57,837 Highlands College Donations 46,583 Rayner Training Scholarship Fund 42,003 Don Touzel 40,475 Denys Le Febvre Trust Fund 32,802 Social Science Research Centre 23,036 Pauvres Honteux 22,196 Wimble Scholarship Fund 21,775 Rayner Travelling Exhibition Fund 14,041 Rayner Junior Exhibition Fund 8,324 A. C. Le Rossignol Medical Scholarship 6,029 Rayner Exhibition Fund 4,739 E. W. Martindell Prize 4,194 Kenneth More Drama Prize 3,115 G. E. Croad Memorial Prize 2,770 Multicultural Development Trust 2,392 Dr H. C. Major's Science Prize 2,156 Huelin Public Speaking Prize 2,135

Diana Birch Reynardson Prize Fund 2,041 Girard de Quetteville Gold Medal Fund 1,593 St. Mannelier et St. Anastase 1,493 Richard Hutt Memorial Trust Fund 1,471 W. Richardson Memorial Award 1,349 Coll of Further Ed ~ Prize Fund 1,188 Arthur Hamptonne Barreau Mem Fund 1,085 Rosa Brasford Memorial Fund 980 Thomas Wood Prize 803 Dr. Clifford Mortlock Memorial Fund 723 Public Library Investments 617 Hudson Divinity Prize 609 Queens Silver Jubilee Activity Centre 584 Farnell Prize 363 Hubert Prize for Music 322 Lerrier Prize 104 Beaufils Prize 68 Mauger Memorial Prize 45 Vocal Music Support 32

Administered by Health and Social Services

Balance Name of fund (£)

Estate E. J. Bailhache 2,587,822 Estate H E Le Seelleur 2,197,789 Hospital Gift Fund 316,990 Herbert Bidder Coppard 253,944 A.H. Ferguson Bequest 176,762

B. Skinner Travelling Fellowship 89,118 E K Robert Fund 76,520 Mrs C M H Crosthwaite Bequest 48,766 Westaway Fund - Ecoles Elementaires 40,606 Ronald George de la Mare 39,357 Mrs M. E. T. Warr en 38,312 Overdale Hospital - Mrs M Collin 32,574 LMA International SA - Anaesthesia 30,100 Mrs M O'Meara 29,960 Le Geyt Services 27,343 St. Saviour Hospital Welfare Fund 24,584 Children's Benefit Fund 21,964 Nat West Client Account ~ patients 19,264 Estate Mrs G. W. Hill 14,750 Crematorium Memorial Fund 12,548 Private Patient Service Training 11,990 The Owl Fund 11,792 Estate I Cresson-Hunter 11,131 Denis Gilpin 10,355 Community Alarms 9,517 General Hospital Fund 9,202 The Hollies (ZJRS04) 8,383 Quality Awards 7,967 Sandybrook Residential Home (ZJRS02) 7,798 Training & Employment Fund for Q.C. 7,664

Worshipful  Company  of  Cordwainers  & Scholarship Fund 7,335

M. Seymour Fellowship 7,201

Grands Vaux 7,076 Legacy Don Chevalier 6,163 J Wilkinson - La Pref & O 5,524 Aviemore 4,618 Oakwell 3,412 Bone Density 3,297 The Limes 2,515 Secker House 2,506 Speech & Language Therapy 2,479 Occupational Therapy 2,470 CNT Client ALM 2,394 Nurses Amenity Fund 2,337 William Knott 2,290 Welcome Club 2,189 Heathfield 1,906 La Preference 1,739 William Knott Day Hospital 1,716 Wheel Chair Centre 1,607 Activities/Social/Leisure 1,453 Rheumatology 1,386 Hearing Resource Centre 1,176 Poplars Amenity Fund 1,018 Liaison MH Nurse Team 1,000 Blanche Pierre Nursery 964 Aubin Ward 949 Samares Ward 913 Mckinstry 803 Children's Toy Library 684 Organic Farm 638 Sandybrook (ZJON02) 633 Child & Family 578 Leoville Ward (ZJON03) 566 De St. George Bequest 531 Leoville Ward (ZJRS03) 502 Beech Ward Amenity Fund 500 Sandybrook Day Centre 414 Secker House 381 Mckinstry 372 Adult Social Work 366 Limes 361 Samares 298 Childrens Exec Amenity Fund 252 Hollies (ZJON09) 214 Overdale Nurses Amenity Fund 142 Psychology 103 La Chasse 99 Maison Du Lac 96 Community Stoke Team 82 Tevielka 67 Neways 24 Community Network 16 Health Promotion 13 Estate Mrs I. E. A. Warne 11 Willow House 6

Administered by the Treasury

Balance Name of fund (£)

Criminal Offences Confiscation Fund 10,375,720 Greville Bathe Fund 9,389,398 Drug Trafficking Confiscation Fund 3,642,520 Ann Alice Rayner Fund 2,017,960 Le Don de Faye 790,457 Ecology Fund 481,579 Pilot Boat Reserve Fund 100,318 T&TS - Florence Lady Trent Legacy 29,522

Jersey Asia Relief fund (cleared and closed

2006) 23,861 Estate E.B. Guinard - Suspense Account 15,766 H.M.S. Jersey - Welfare Fund 14,675 Jersey SBS Earthquake Appeal 12,385 Estate Mrs M. D. Hewitt 11,284 Dummy Lane Acquisition C.P.O. 7,943 Estate Miss B. Reid 7,223 Compulsory Purchase 5,078 Churchill Award for Courage 4,950 All Saints Church New Endowment Fund 3,575 Estate C. W. Mildren 3,304 Prison Board Life Line 1,985 Estate May Booker 1,203 Estate Mrs. P. Reed 269 Estate A Le Fessant 71

9. DEPUTY I.J. GORST OF ST. CLEMENT OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING JERSEY'S SEA DEFENCE STRATEGY:

Question

Following the publication of the report of the Inter-Governmental Panel on Climate Change would the Minister inform members whether the terms of reference of the recently commissioned report into Jersey's sea defence strategy remain appropriate? Would the Minister set out for members those terms of reference and state when he expects to receive the report's findings and whether he will make them publicly available?

Answer

In November 2006 HR Wallingford were commissioned to provide proposals for a Scoping Study into the effects of climate change on coastal flooding and erosion around Jersey. The purpose of this document is to produce an initial high level review of the likely effects of climate change on coastal defences and management around Jersey followed by a brief report setting out a suggested approach to more detailed consideration of how to respond to threats to the coastline, covering overall policy and planning for the Island, and the more specific assessment of individual sections of its coastline.

HR Wallingford's report has been delayed in order that it can include any new information coming out of the work carried out by the Inter-Government Panel on Climate Change. The report is expected by no later than 3rd March 2007 and when signed off by the department will become a public document.

10. DEPUTY I.J. GORST OF ST. CLEMENT OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE EMPLOYMENT OF PEOPLE WITH DISABILITIES:

Question

Does the Minister have any plans to introduce a scheme for disabled people similar to the United Kingdom Workstep' scheme and, if not, would he explain why?

Answer

The UK "Workstep" Supported employment programme is centred around the personal development of individuals to take up employment in the labour market. Workstep participants receive one-to-one support from specialist advisers who will guide them through the process by providing assistance in finding a suitable work placement, supporting the person and their employer in the placement and providing on-going training and advice.

The Social Security Department is the major funding body for the Jersey Employment Trust (JET), which provides employment based training and employment support similar to that present in the UK's Workstep programme.

The services provided by the Jersey Employment Trust are, in the main, focussed on clients with moderate to severe impairments who require long-term training and rehabilitation programmes. The Jersey Employment Trust strives to find open sustained employment opportunities for its clients and supports them in the workplace.

In addition the Department provides services directly for those requiring less intensive support through it's Workwise Team. The Department established the Workwise Team in March 1998 to provide a supported employment service for people with special employment needs. Each client of Workwise has a nominated Job Coach to assist them in drawing up an individual development plan and to find a suitable employment placement. Once the suitable work placement has been found the Job Coach will work with the client at the place of work in order that a person's skills can be developed. The Job Coach will work closely with the employer ensuring that any issues or concerns raised may be addressed in a timely and effective manner. The amount of support given to any client or employer is decided upon on a case by case basis. Support in the workplace is withdrawn in a managed and agreed manner and the over arching aim of the service is to provide assistance whereby clients access open sustained employment.

Having  considered  the  basic  frameworks  of  Workstep  and  the  services  provided  through  the Workwise Section and the Jersey Employment Trust, I believe we have a comparable supported employment service as they do in the UK.

11. DEPUTY I.J. GORST OF ST. CLEMENT OF THE MINISTER FOR HEALTH AND SOCIAL  SERVICES  REGARDING  STATISTICS  ON  ADMISSIONS  TO  THE GENERAL HOSPITAL:

Question

Would the Minister inform members –

1. how many patients required admission to hospital requiring Consultant-input for alcohol-related illness between 2000 and 2006 broken down by (i) patients aged under 18 years and (ii) patients aged 18 years and over?
2. whether all incidents in the Accident and Emergency department where alcohol is involved are coded as such, for example, with an assault, is it the wound that gets the code or the alcohol that drove it? If so, would he state how many patients who visited the department had an alcohol-related diagnosis in each year between 2000 and 2006 broken down by those (i) aged under 18 years and (ii) those aged over 18 years? If incidents are not coded in this way is the Minister satisfied that the present procedures are appropriate and, if so, would he explain why? If not, does he propose any changes?

Answer

1. The number of inpatient admissions to the General Hospital with alcohol related illness between the years 2000 to 2006 broken down by patients aged under 18 and patients aged 18 years and over are displayed in table 1 below -

Table 1

Health and Social Services Inpatient Episodes Related to Alcohol Use 2000 - 2006

2000 17 531 548 2001 12 763 775 2002 19 935 954 2003 15 962 977 2004 21 938 959 2005 25 1041 1066 2006 45 1038 1083 Grand

Total 154 6208 6362

The figures in the above table have been extracted from the Health and Social Services

information  systems  using  the   Scott ish  coding  system  for  hospital  episodes  related  to alcohol use.

The term related to alcohol use covers a wide range of clinical conditions where alcohol is a

major causative factor and includes the following -

• Alcohol intoxication
• Alcohol withdrawal
• Diseases such as alcoholic cirrhosis, hepatitis and gastritis
• Mental and behaviour disorders due to alcohol.

It should be noted that the extraction of data using the Scott ish coding system provides a

greater capture of alcohol related illnesses than the English coding system.

The figures will show where alcohol is a primary factor, but may not include admission

where alcohol may be a secondary or tertiary factor.

2. All attendees to the Accident and Emergency Department are coded according to the major diagnosis  e.g.  head  injury,  epileptic  fit,  and alcohol intoxication  etc. but  they do  not routinely recordwhetherornot alcohol may have played a part in the cause of patients clinical diagnosis. For example a patient could be coded as having a broken wrist and thefactthat this may have been caused by consuming a moderate amount ofalcoholwould not necessarily be recorded within the coding system.

Given the above caveat, please see below table 2 depicting alcohol related attendances as

(coded by the Accident and Emergency system) for the years 2000 – 2006 split into patients under 18 years of age and patients 18 years of age and over:-

Table 2

Accident and Emergency Department Alcohol Related Attenders

2000 - 2006

As far as the Accident and Emergency coding system is concerned, alcohol related illness

covers all those attendances where alcohol excesses or the word drunk appeared in any field.

As a consequence the figures do/(may) not include attendances where alcohol may be a causative, or contributory factor.

The current system, whilst adequate to ensure satisfactory capture of basic information for audit and operational planning purposes does not allow for detailed analysis of sub factors in the presentation of a wide range of clinical problems.

It is anticipated that some of these aforementioned potential functional deficiencies of the current information systems within Accident and Emergency will be addressed as part of the new Health and Social Services information, communication technology (ICT) project currently underway. However, it should be noted that despite an increase in functionality of the proposed new ICT system, it will not in all probability capture the level of detail requested by the Deputy in this question. The detail required could only be  accurately  determined  by  a  thorough  retrospective  examination  of  each  patient episode. For information the Accident and Emergency Department manages 40,000 patient episodes per year.

2. Oral Questions

1. Senator  L.  Norman  of  the  Chief  Minister  regarding  the  payment  of  overtime  and bonuses to public employees:

Would the Chief Minister please inform members whether overtime can only be paid to public employees when the relevant number of hours have been worked and whether bonuses are only paid to those employees who earn such bonuses in work and, if not, state whether the States Employment Board will be taking steps to amend the present procedures?

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

I can advise that overtime payments are normally made only for overtime which is actually worked. However, in a tiny minority of cases some manual worker employees have contractual overtime arrangements with their departments. While here also overtime payments are made for overtime worked, nevertheless as the overtime is contractual, as opposed to casual - i.e. the employee is contractually obliged to work it - the payments are made during times of annual leave and paid sickness. Such contractual overtime arrangements are very much a feature of the past and none have been authorised, nor will any be authorised, by the States Employment Board since it was appointed. Bonuses are not paid to States employees.

2. Deputy C.J. Scott Warr en of St. Saviour of the Minister for Housing regarding States tenants wishing to buy the properties in which they reside:

Would the Minister agree to send a questionnaire to all States tenants living in the 800 properties which have been identified for sale, in order to ascertain the number of tenants who wish to buy the properties in which they currently reside?

Senator T.J. Le Main (The Minister for Housing):

No, Sir, the question or position does not arise. The property plan does not identify 800 individual properties. It solely promotes the view that up to 800 properties should be purchased by existing tenants, although this figure is now down to 600, as permission has already been given for the 208 properties currently being sold. There are only a few properties that have been identified for sale and these tenants have been advised and are being offered the chance to purchase.

1. Deputy C.J. Scott Warr en:

Is the Minister aware that workers from the Housing Department are now starting to measure-up some of the houses for sale and this is now causing further distress and concern? Could he please allay these fears? Thank you.

Senator T.J. Le Main:

My officers have been working with all the residents' associations and tenants' groups and I have not been made aware of any concerns whatsoever. If the Deputy would like to point me in the direction of anybody concerned I am happy to meet with her or any other Member of this Assembly to go and visit personally any people to allay their fears.

2. Deputy S. Power of St. Brelade :

On a matter of clarification, Sir, may I inform the Housing Minister and the Assembly and the Assistant Housing Minister that the sub-panel that is reviewing the Housing Property Plan is constructing a questionnaire which will be approved by the Statistics Unit and we will be asking the Housing Minister and the Assistant Housing Minister to circulate that on their database to all housing tenants.

Senator T.J. Le Main: That has been agreed, Sir.

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

Does the Minister not accept that his method of approaching this sale of houses has called distress and concern to many, many tenants?

Senator T.J. Le Main:

No, Sir, I do not agree with that. In fact, it has raised the hopes of hundreds of people in this Island who are now going to be able to aspire to home ownership. I think that we have a few Members in the Assembly that are trying to be negative all the time but certainly I am aware of one meeting that had been called by 2 Members of this Assembly and nothing has come out of that. So I am unaware that there are any real concerns. I can only say we give categorical assurances that nobody will be disaffected by these plans.

4. Deputy C.J. Scott Warr en:

Would the Minister concede that I and other Members of this House are not trying to be negative? I personally support a shared equity scheme but the concern by many Members in the House is purely whether people are still worried. I appreciate there has been lots of reassurance from the Minister but does he appreciate that there is still concern for many, many States tenants? Thank you.

Senator T.J. Le Main:

If there is concern I am unaware of it because I have said publicly on several occasions, including in the media on several occasions, that if anybody is unsure of the current situation in relation to their homes or tenancies in the Property Plan then I will personally visit, and my Assistant Minister is also to the point of wanting to visit any tenants. We are happy to work with any Members of this Assembly. This is wonderful, great news for Jersey and for the people of Jersey and for home ownership and for tenants. Not only will they have an opportunity to purchase properties but they will also have their homes refurbished to meet modern-day standards. Great news. Anybody concerned still I am happy to meet.

5. Deputy G.P. Southern :

Will the Minister withdraw his proposed lodging of his proposal to enable the Scrutiny Panel concerned to give it adequate time to study his proposals and will he agree to meet the Chairman of that Scrutiny Panel to agree a reasonable way forward in terms of timescale?

Senator T.J. Le Main:

The Scrutiny Panel has had the Housing Property Plan since Christmas. We are now into the middle of February and they are still discussing issues on how to go forward. I will be pleading with this Assembly to accept 17th April. We just cannot carry on any longer. We have got serious structural problems on some of our properties and I am assured by Deputy Power that with our co- operation we should be able to achieve the scrutinising of this Property Plan by that time. Although I am going to be leaving early this morning to go to a funeral, I will ask my Assistant Minister to plead with this Assembly that 17th April has given adequate time for a full scrutiny of the Property Plan.

6. Deputy G.P. Southern :

Will the Minister meet with the Chair of that Panel to discuss a reasonable way forward instead of trying to bully his way through?

Senator T.J. Le Main:

I have met with the Chairman of the Scrutiny Panel and his members some time ago and the Scrutiny Chairman and the members know very well that I keep offering all the time to meet with them at any time. In fact, Deputy Power this morning has advised me that he will be contacting me tomorrow again after a meeting and I said I am happy to attend - even tomorrow lunchtime - the meeting that the Scrutiny Panel are holding on this Property Plan. I will make myself available to the Chairman and to members of Scrutiny any time. I want the full support of Scrutiny to be able to go forward with this Plan and I want to work with them. I think they can be hugely beneficial to these proposals, Sir, and I will work with them.

3. Deputy G.P. Southern of the Chief Minister regarding a pay agreement with States manual workers:

This question is a bit out of date since once more we have read about things in the newspaper rather than in this House. Would the Chief Minister inform Members whether a 2-year pay agreement has yet been reached with the States' manual workers?

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

No, Sir, it has not. Although a new 2-year pay deal has been offered to States' manual workers no agreement has yet been reached.

1. Deputy G.P. Southern :

Is the Minister prepared to reveal the terms of the offer and, if not, will he confirm that the additional cost over the 2-year period may be of the order of £3 million to £5 million and that this sum is to come out of already pared-down departmental budgets?

Senator F.H. Walker :

Sir, yes I can confirm the offer that has been made and the reason it has been publicised in the way in which it has is that we needed to reach agreement with union representatives to ensure that they had informed their teams of shop stewards and so on before the figures were released into the public domain. They will be in the public domain as of today. I can inform the House that the offer for the year June 2006 to 2007, which of course is last June, is 2.75 per cent and the offer for the next year, which is June 2007 to 2008, is at cost of living. The additional cost will be the subject of a meeting of the Council of Ministers next week and the methods of how we deal with the additional cost will be agreed at that point but I am unable to say precisely today what that will be.

2. Deputy R.G. Le Hérissier of St. Saviour :

Would the Chief Minister outline to the House, as surely must have been discussed, what methods he is actively considering? Given that there is no buffer fund available to pay this, can we therefore assume it will inevitably come from departmental budgets?

Senator F.H. Walker :

It will come from departmental budgets or there will be a request to the House for other means of funding it but that is the constraint of the Finance Law at the moment. I should point out that the cost of living increase offered for the second year has been included in Council of Ministers forward forecasts and is being worked to. The only issue as such that we have to address is the additional cost, which is not substantial, of the 2.75 per cent offer in the year 2006 to 2007.

3. Deputy G.P. Southern :

May I ask for clarification on that last answer? The Chief Minister says that the costs of the 2007 element have already been worked into budgets. How can that be when the budget was set at 2.5 per cent, full stop, by this House?

Senator F.H. Walker :

I did not say they had been worked into budgets; I said they had been worked into forecasts and are being dealt with by the Council of Ministers. The Deputy is pressing me for information this morning I cannot give him but, of course, the information will be put to States Members as soon as it is all available.

4. Deputy G.P. Southern :

Does the Chief Minister think it is fair that the size of the pay rise has been negotiated by the States Employment Board under his leadership but he has no responsibility for finding the money? Is this not a case of power without responsibility?

Senator F.H. Walker :

I have no comment to make on that question whatsoever, Sir.

5. Deputy G.P. Southern :

Perhaps a penultimate supplementary if I may, Sir? Will the Chief Minister take this opportunity to revisit his decision to do away with the contingency reserve?

Senator F.H. Walker :

It was not my decision. It was the decision of this House.

6. Deputy G.P. Southern :

Thank you, Sir. It is nice to know where responsibility lies when things go wrong. Could the Minister confirm that his offer for 2007 is the R.P.I. (Retail Price Index), not R.P.I.X. (Retail Price Index excluding mortgage interest payments) or any target figure for inflation?

Senator F.H. Walker : Yes, Sir, I can.

4. Deputy G.P. Southern of the Minister for Economic Development regarding negotiations to increase the headcount of the Economic Development Department:

Will the Minister inform Members of the outcome of his negotiations to increase his department's headcount by 4.5 full-time equivalent in order to deliver his new business development strategy as outlined in his answer to questions on 7th November 2006?

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

Officials from Economic Development have now had the opportunity to discuss the department's increase in head count with the Treasurer of the States. This discussion has resulted in the department increasing the head count by 3 in 2007 with an option for a further 2 in 2008. I am delighted with this agreement because it allows us to deliver the Enterprise and Business Strategy. I will also take this opportunity of informing Members of just how well the new Enterprise and Business Strategy is going. The new Export Loan Guarantee Scheme - the Export Initiative, the Internship Scheme - the take-up of the Awards for Enterprise has been fantastic. I am told this morning that we are in discussions with 140 firms outside financial services, assisting them in growing their businesses and delivering economic growth.

1. Deputy G.P. Southern :

In his answer in November he described the help for exports as a new initiative. Is it not more the case that it was a replacement for what was the Trade Promotion Scheme which was already in place and does he need additional staff to deliver what is simply a replacement scheme?

Senator P.F.C. Ozouf :

It is not a replacement scheme at all. I would remind the Deputy that the Export Initiative Scheme is part of a £2.4 million strategy out of the total Economic Development budget of £16 million designed to help grow the economy outside financial services. The export scheme which he is pointing to is a service that was provided by the Jersey Business Venture. Jersey Business Venture is also part of our plans and we are working with Jersey Business Venture to help put support in place for very small businesses and providing expert advice for the development of small businesses. The Export Initiative is a new scheme with a much higher level of resource at £250,000.

2. Deputy R.G. Le Hérissier:

Can the Minister explain why, given this excellent initiative for exports and despite the presence of Protocol 3, we have heard a recent report that farmers are struggling with so-called edible exports, for example bulbs? Why is this proving to be such a problem in terms of dealing with U.K. (United Kingdom) Customs and getting entry into the U.K?

Senator P.F.C. Ozouf :

What can be said is, of course, the States has enthusiastically supported in the past many agricultural subsidies which were actually export subsidies. What we are now doing is allowing the export initiatives that I have just been explaining to Deputy Southern to be available to all of our exporters. I cannot answer the specific issue of bulbs but I will report back to the Deputy . I am not briefed on that particular issue. If there are Customs issues we need to get round them; I am not aware of them. What I can say is that the take-up for exports outside of agriculture are growing. I have written yesterday to all the fishing industry to tell them about the export initiatives to give them all the help that we possibly can to help them grow their businesses.

3. Deputy J.A. Martin of St. Helier :

Could the Minister inform the House whether the 3 jobs have yet been filled and, if they have been filled, are they filled by local people, given the one per cent growth is for supposedly local people first? If they have not been filled, are they being advertised to local people or to outsiders of the Island? Thank you, Sir.

Senator P.F.C. Ozouf :

I doubt whether the Deputy needs reminding of the standard procedures of the States that we always recruit from within the States of Jersey and then within the Island as the first call. If we do not find the expertise that we are looking for at the necessary salary levels then we look further afield. There has been some advertising for some of the more senior positions in the Enterprise and Business Centre that have been advertised outside but, of course, it will be the best candidate that will secure that position.

4. Deputy J.A. Martin:

He did not answer me about the 3, have they been employed and are they local? He did not answer the question. Thank you, Sir.

Senator P.F.C. Ozouf :

There has been some reorganisation within the former Training and Employment Partnership. The 3 jobs are in the process of being filled. Announcements have not yet been made.

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

The Minister mentions quite rightly that Jersey hires first of all from within the States of Jersey and then within the Island in employing people for States' positions. I just wondered, congratulating the States on that approach, whether or not there is any method to facilitate the States of Jersey website to make use of that site in order to make sure these positions are advertised on that site and whether the Minister will indicate whether or not that is available now or would possibly be looked into?

Senator P.F.C. Ozouf :

I am not responsible for the Human Resources Department because, of course, Economic Development, like other departments of the States, uses the corporate resource in H.R. (human resources) which is under the Chief Minister's Department. What I would say to the Deputy is I am aware that now there is a streamlined process of advertising all job opportunities within the States and now there is a streamlined way of reporting and advertising those positions in the Jersey Evening Post weekly where all the jobs are in one place. So I think there is now a much better, streamlined way of getting everybody aware of what exciting positions, in the case of these jobs, there are outside in the States and I certainly encourage local people to apply for those jobs.

6. Deputy R.G. Le Hérissier:

Notwithstanding some of the excellent work now being carried out and planned for this department, could the Minister tell us what has been the net increase in staff since he took over as Minister of that department?

Senator P.F.C. Ozouf :

The department has a total head count, which was explained in my answer to Deputy Southern on 7th November, of 5.5 staff. That was 5.5 F.T.E. (full time equivalent) and we have been asking for an increase in that to deliver this Enterprise and Business Strategy which is designed to help businesses outside the financial services industry raise their productivity, raise their profitability, raise their game, give them more opportunities to develop. We are going to see a showcase of just how much work is done outside of the financial services industry in the Awards for Enterprise on 1st March. That is the showcase of what we are doing and we need staff to deliver those projects.

7. Deputy R.G. Le Hérissier:

Just on a point of clarification. Does this 5.5 include all the former staff of Tourism and Agriculture and so forth?

Senator P.F.C. Ozouf :

No, this is the department formerly known as T.E.P. (Training and Employment Partnership) which is going to be delivering the Enterprise and Business Strategy. Members will see a great change in the way that Economic Development is going to be organised in the forthcoming months as we move and centralise our activities in Jubilee Wharf, which will be primarily Jersey Tourism and the regulatory side and everybody else - outside Harbours and Airports - will be in the Jubilee Wharf building. That means we will be centralised, as at the moment we are dispersed among a number of different areas around the States, and it will be the centre for business. Just as the individual in Jersey has the one-stop shop in Cyril Le Marquand House, so Jubilee Wharf is going to be the one- stop shop for business and that is a great move forward in joining-up the administrative arrangements of the States.

8. Deputy G.P. Southern :

A simple yes or no answer will suffice: am I correct in interpreting his previous answer to Deputy Martin as the 3 jobs have not yet been appointed but when they are he will inform her whether they are local or non-local appointees?

Senator P.F.C. Ozouf : With pleasure, Sir, yes.

5. Deputy K.C. Lewis of St. Saviour of the Minister for Transport and Technical Services: Following the Buncefield oil depot disaster and the gas explosion in Tunnell Street in 1982, what steps, if any, is the Minister taking to ensure the safety of the La Collette area in light of the proposal to locate the new Energy from Waste plant adjacent to the gas holding tanks, the fuel farm, the L.P.G. (liquefied petroleum gas) station, the power station and the composting site?

Deputy G.W.J. de Faye of St. Helier (The Minister for Transport and Technical Services):

I realise that some Members consider oral questions to be a bit of a knockabout session but I think States Members should take the questions they put with seriousness and a degree of responsibility. I am disappointed that Deputy Lewis , in dealing with this serious subject, has not seen fit to discuss the matter prior to today with either myself or, as far as I am aware, any senior member of my department. We are, therefore, at a loss to understand why the Deputy conflates the matters that occurred at the gas emplacement in Tunnell Street in 1982 with the La Collette site. The public are concerned about these matters and conflating these issues is, I think, a serious error. To look on the bright side, it may be that the Deputy has been watching too many of his disaster movies but I think the Deputy should be aware that when the public are aware of these types of questions they can create alarm. I wish to assure the House that in general response to the Deputy 's question I have taken all appropriate steps with the appropriate authorities and experts to ensure safety at La Collette. The current planning application is subject to guidelines that were brought forward in the 1999 report by the Major Hazards Unit of the U.K. Health and Safety Executive. I am fully confident that everybody involved who takes responsibility for safety in relation to La Collette, the L.P.G. station, the power station, the composting site, and who will do in terms of the E.f.W. (Energy from Waste) plant, take their jobs extremely seriously and that safety is not a major issue.

1. Deputy K.C. Lewis :

I am saddened that the Minister is disappointed but I consider it my job to ensure that public safety is ensured. Accidents do happen. We cannot eliminate accidents; we can just minimise them. Will the Minister ensure that there are sufficiently high buffering mounds between the various facilities to provide maximum safety?

Deputy G.W.J. de Faye:

If I am advised that buffering mounds are what is required I will certainly ensure that buffering mounds are in place. I repeat once again, I am disappointed with the way the Deputy has put this question. There is absolutely no linkage whatsoever between the gas explosion in Tunnell Street in 1982 - over 20 years ago - and the types of risk assessment and safety procedures that are in hand now. I regret to say that this is a piece of political opportunism that amounts to scare-mongering.

2. Deputy G.C.L. Baudains of St. Clement :

I am disappointed with the Minister's answers and his cavalier attitude. Is the Minister familiar with the phrase of having all one's eggs in one basket?

Deputy G.W.J. de Faye:

Yes, I am familiar with that phrase, Sir. Deputy G.C.L. Baudains:

In that case, what is he going to do about it? Deputy G.W.J. de Faye:

I am afraid I do not have any eggs in stock at the moment, Sir.

3. Deputy C.H. Egré of St. Peter :

If I could add confirmation through the Minister. Could the Minister confirm that there is ongoing risk assessment for that area and we are moving forward, other than what happened in 1999?

Deputy G.W.J. de Faye:

Yes, I can confirm that in conjunction with the Planning Department, Fire and Rescue Services and the Health and Safety Inspectorate, the Transport and Technical Services Department is currently considering all aspects of the long-term plans for development of the La Collette 2 site, which includes the potential for hazard by the location of the L.P.G. plant and the fuel depot.

4. Deputy P.V.F. Le Claire:

I did ask this question in relation to the Buncefield disaster a number of months ago to the Minister and I am just a little bit disappointed, to be honest, with the way that he has answered this question this morning. So I rise to ask a question in particular. Given that his department and he himself are now fully co-operating and investigating the issues for La Collette and the relevant authorities, what if any are the concerns of the Fire Department for the plans that are proposed at this time?

Deputy G.W.J. de Faye:

I believe that I have been through the Buncefield issue in some detail already. For those Members who cannot remember what I said there is a very dramatic difference between

Deputy P.V.F. Le Claire:

That is not the question. If I might interrupt, I did ask quite specifically what, if any, are the concerns of the Fire Department in relation to the plans for La Collette?

Deputy G.W.J. de Faye:

I am not aware that the Fire Department has any major concerns, other than the ones that you would expect the Fire Department to have about any fuel depot.

The Bailiff :

Now we come to questions to Ministers without notice. The first question period is of the Minister for Treasury and Resources. I invite questions.

3. Questions to Ministers without notice - The Minister for Treasury and Resources

1. Deputy F.J. Hill of St. Martin :

I can already see a smile on the Minister's face. Will the Minister give an update on the progress being made on the share transfer legislation?

Senator T.A. Le Sueur (The Minister for Treasury and Resources):

Yes, Sir. My department is in discussion with the Law Draftsman. I am confident that law will be in place at the budget in December 2007.

2. Deputy G.P. Southern :

In the light of the Minister's assurances to ensure fair treatment of Jersey Post employees during the restructuring operations, given in November last year, will he undertake to investigate in detail whether the procedures now underway are fair and report his findings back to the States?