States Meeting Transcript - 13/05/2008

STATES OF JERSEY

OFFICIAL REPORT

TUESDAY, 13th MAY 2008

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

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

1. DEPUTY S.C. FERGUSON OF ST. BRELADE TO MINISTER FOR HOME AFFAIRS REGARDING THE TOWING AWAY OF VEHICLES:......................8
   2. DEPUTY S.S.P.A. POWER OF ST. BRELADE TO THE MINISTER FOR TREASURY AND RESOURCES REGARDING TAXI DRIVERS AND GST:..........9
   3. DEPUTY P.V.F. LE CLAIRE OF ST. HELIER TO THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING CANCER CARE IN JERSEY: ..............9
   4. DEPUTY P.V.F. LE CLAIRE OF ST. HELIER TO THE MINISTER FOR SOCIAL SECURITY REGARDING REMOVAL OF COSTS FOR PRESCRIPTIONS:........13
   5. DEPUTY S.S.P.A. POWER OF ST. BRELADE TO THE MINISTER FOR PLANNING AND ENIRONMENT REGARDING MOTORHOMES AND CARAVANS:...........13
   6. DEPUTY S.S.P.A. POWER OF ST. BRELADE TO THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING AQUASPLASH OPERATIONAL COSTS:.................................................................15
   7. DEPUTY S.S.P.A. POWER OF ST. BRELADE TO THE MINISTER FOR TREASURY AND RESOURCES BY REGARDING GST SUB ITEMISATIONS ON TILL RECEIPTS: .........................................................................18
   8. DEPUTY G.P. SOUTHERN OF ST. HELIER TO THE MINISTER FOR TREASURY AND RESOURCES REGARDING INCREASES IN INDIRECT TAXATION ........19
   9. DEPUTY G.P. SOUTHERN OF ST. HELIER TO THE MINISTER FOR TREASURY AND RESOURCES REGARDING TAX RECEIPTS FROM INTERNATIONAL BUSINESS COMPANIES:................................................................20
   10. DEPUTY G.P. SOUTHERN OF ST. HELIER TO THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING FUNDING OF FINANCE INDUSTRY AND JERSEY FINANCE LIMITED:.....................................................................21
   11. DEPUTY G.P. SOUTHERN OF ST. HELIER TO THE MINISTER FOR TREASURY AND RESOURCES REGARDING AVERAGE TAX BILL FOR INDIVIDUAL RESIDENTS:..............................................................................22
   12. DEPUTY G.P. SOUTHERN OF ST. HELIER TO THE MINISTER FOR HOUSING REGARDING FINDINGS OF HOUSING NEEDS SURVEY 2007: ....................23
   13. DEPUTY G.P. SOUTHERN OF ST. HELIER TO THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING FINDINGS OF HOUSING NEEDS SURVEY 2007:........................................................................................24
   14. DEPUTY G.P. SOUTHERN OF ST. HELIER TO THE MINISTER FOR HOUSING REGARDING HOUSING FOR OLDER PERSONS IN HOUSING NEEDS SURVEY 2007:........................................................................................27
   15. DEPUTY G.P. SOUTHERN OF ST. HELIER TO THE CHIEF MINISTER REGARDING HOUSING NEEDS SURVEY AND IMMIGRATION:..................27

16. DEPUTY G.P. SOUTHERN OF ST. HELIER TO THE MINISTER FOR SOCIAL SECURITY REGARDING BENEFITS FOR DISABLED PERSONS..................28
17. DEPUTY S. PITMAN OF ST. HELIER TO THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING ABSENTEEISM THROUGH SICKNESS WITHIN THE YOUTH SERVICES SINCE 2005:.......................................30
18. DEPUTY S. PITMAN OF ST. HELIER TO THE MINISTER FOR HOME AFFAIRS REGARDING DETAILS OF WORKING GROUP OVERLOOKING POLICE INVESTIGATIONS INTO HISTORIC CHILD ABUSE:................................30
19. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT TO THE MINISTER FOR HOME AFFAIRS REGARDING PASSING OF ROUTINE INFORMATION TO MEDIA BY SoJ POLICE:..............................................................................31
20. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT TO THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING RECYLE OF SOLID WASTE:....................................................................................32
21. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR TO THE MINISTER FOR HOME AFFAIRS REGARDING PHOTOGRAPHIC AND VIDEO MATERIAL AT DEMONSTRATIONS:....................................................................33
22. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR TO THE CHAIRMAN OF THE ENVIRONMENT SCRUTINY PANEL REGARDING STUDY INTO PROVISION OF PUBLIC TRANSPORT SERVICES: .....................................................33
23. DEPUTY G.P. SOUTHERN OF ST. HELIER TO THE MINISTER FOR TREASURY AND RESOURCES REGARDING TAX RATES FOR DIFFERENT SECTORS OF THE ECONOMY:.........................................................................34

2. Oral Questions...........................................................................35

1. Deputy I.J. Gorst of St. Clement of the Minister for Economic Development regarding the creation of a Jersey Bank Depositors' Compensation Scheme:......................35 Senator P.F.C. Ozouf (The Minister for Economic Development):............................35

1. Deputy I.J. Gorst : ......................................................................36
2. Deputy R.G. Le Hérissier of St. Saviour:...............................................36
3. Deputy R.G. Le Hérissier: ..............................................................36
4. Deputy A. Breckon of St. Saviour:......................................................36
5. Deputy I.J. Gorst : ......................................................................37
6. Deputy A. Breckon:....................................................................37
7. Deputy I.J. Gorst : ......................................................................37

2. Deputy G.P. Southern of St. Helier of the Assistant Minister for Planning regarding the shortage of 2, 3 and 4-bed housing in the Island:........................................38 Deputy A.E. Pryke of Trinity (Assistant Minister for Planning):..............................38

1. Deputy G.P. Southern :..................................................................38
2. Deputy R.G. Le Hérissier: ..............................................................38
3. Deputy G.P. Southern :..................................................................39
4. Deputy C.F. Labey of Grouville :........................................................39
5. Deputy G.P. Southern :..................................................................39

3. Deputy J.A. Martin of St. Helier of the Minister for Social Security regarding the phasing-out of Income Support protection payments in October 2008:..................40 Senator P.F. Routier (The Minister for Social Security): ......................................40

1. Deputy G.P. Southern :..................................................................40
2. Deputy G.P. Southern :..................................................................40
3. Connétable A.S. Crowcroft of St. Helier:...............................................40
4. Deputy J.A. Martin:....................................................................41
5. Deputy G.P. Southern :..................................................................41

6. Deputy G.P. Southern :..................................................................41

7. Deputy J.A. Martin.....................................................................41

4. Deputy I.J. Gorst of the Minister for Transport and Technical Services regarding changes to the waste strategy and the proposed Energy from Waste plant in the light of the Juniper report: ..........................................................................42 Deputy G.W.J. de Faye of St. Helier (The Minister for Transport and Technical Services):...42

1. Deputy I.J. Gorst : ......................................................................42
2. Deputy C.J. Scott Warr en of St. Saviour:...............................................43
3. The Connétable of St. Helier:...........................................................43
4. Deputy J.A. Martin:....................................................................43
5. Deputy P.N. Troy ofSt.Brelade:.......................................................44
6. Deputy I.J. Gorst : ......................................................................44

5. Deputy S.C. Ferguson of St. Brelade of the Minister for Transport and Technical Services regarding the extension of the central reservation at Bel Royal: ...............44

1. Deputy S.C. Ferguson:..................................................................45
2. The Deputy of Trinity :..................................................................45
3. Connétable M.K. Jackson of St. Brelade:...............................................45

6. Deputy S. Power of St. Brelade of the Minister for Treasury and Resources regarding the way in which Police overtime costs, as result of the investigations relating to Haut de la Garenne and historical child abuse, would be met:......................................46 Senator T.A. Le Sueur (The Minister for Treasury and Resources): ..........................46

1. Deputy S.Power:.......................................................................46
2. Deputy R.G. Le Hérissier: ..............................................................47

7. Deputy G.P. Southern of the Assistant Minister for Planning regarding the terms of reference for the Jersey RetailStudy into the impact of a third supermarket:............47 The Deputy of Trinity (Assistant Minister for Planning):.....................................47

1. Deputy G.P. Southern :..................................................................47
2. Deputy G.P. Southern :..................................................................47
3. Deputy R.G. Le Hérissier: ..............................................................48

8. Deputy G.C.L. Baudains of St. Clement of the Minister for Transport and Technical Services regarding combined speed humps and pedestrian crossings: ..................48 Deputy G.W.J. de Faye (The Minister for Transport and Technical Services): ................48

1. Deputy G.C.L. Baudains:...............................................................48
2. Deputy A.D. Lewis of St. John : ........................................................49
3. Deputy R.G. Le Hérissier: ..............................................................49
4. Deputy P.N. Troy : ......................................................................49

9. Deputy S. Power of the Minister for Treasury and Resources regarding the re-use of the Bellevue site at Les Quennevais for Housing:..........................................49 Deputy J.A.N. Le Fondré of St. Lawrence (Assistant Minister for Treasury and Resources -

rapporteur):.............................................................................49

1. Deputy J.A. Martin:....................................................................50
2. Deputy S.C. Ferguson:..................................................................50
3. Deputy S.Power:.......................................................................50

10. Deputy J.A. Martin of the Deputy Chief Minister regarding the introduction of the population register:.....................................................................51 Senator T.A. Le Sueur (The Deputy Chief Minister):.........................................51

1. Deputy G.P. Southern : ..............................................................51
2. Deputy J.A. Martin: .................................................................51

11. Deputy R.G. Le Hérissier of the Minister for Education, Sport and Culture regarding staff on long-term sick leave:...........................................................51 Senator M.E. Vibert (The Minister for Education, Sport and Culture):........................51

1. Deputy R.G. Le Hérissier:...........................................................52
2. Deputy S.C. Ferguson:..............................................................52

3. Deputy R.G. Le Hérissier:...........................................................52

12. Deputy R.G. Le Hérissier of the Minister for Home Affairs regarding the introduction of mandatory criminal record checks for persons applying to work in care homes:........52 Senator W. Kinnard (The Minister for Home Affairs):........................................52

1. Deputy R.G. Le Hérissier:...........................................................53
2. Senator J.L. Perchard: ...............................................................53
3. Deputy R.G. Le Hérissier:...........................................................53

3. Questions to Ministers Without Notice - The Minister for Treasury and Resources..53

1. Deputy S. Pitman of St. Helier:.........................................................53 Senator T.A. Le Sueur (The Minister for Treasury and Resources): ..........................53

1. Deputy S.Pitman:......................................................................54
   2. Deputy G.P. Southern :..................................................................54
   3. Deputy K.C. Lewis of St. Saviour:......................................................54

3.3.1 Deputy K.C. Lewis :....................................................................54

4. Deputy R.G. Le Hérissier: ..............................................................55

3.4.1 Deputy R.G. Le Hérissier: ..............................................................55

5. Connétable D.J. Murphy of Grouville :..................................................55
6. Senator L. Norman: ....................................................................55

3.6.1 Senator L. Norman: ....................................................................56

7. Deputy C.J. Scott Warr en: ..............................................................56
8. The Deputy of Grouville :...............................................................56
9. Deputy G.P. Southern :..................................................................56

3.9.1 Deputy G.P. Southern :..................................................................57

10. Senator J.L. Perchard:..................................................................57

4. Questions to Ministers Without Notice - The Deputy Chief Minister..................57

1. The Deputy of Grouville :...............................................................57 Senator T.A. Le Sueur (The Deputy Chief Minister):.........................................57
2. Deputy G.P. Southern :..................................................................57
3. Deputy G.P. Southern :..................................................................58
4. Deputy K.C. Lewis :....................................................................58
5. Deputy R.G. Le Hérissier: ..............................................................58

4.5.1 Deputy R.G. Le Hérissier: ..............................................................59

6. Deputy G.P. Southern :..................................................................59

STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY........................59

5. Statement by the Chairman of the Health, Social Security and Housing Scrutiny Panel regarding the New Directions Health and Social Services policy document....59

5.1 Deputy A. Breckon (Chairman, Health, Social Security and Housing Scrutiny Panel:..59

PUBLIC BUSINESS.............................................................................60

6. Committee of Inquiry into the Operation of Third Party Planning Appeals (P.35/2008)...............................................................................60

1. Deputy C.J. Scott Warr en: ..............................................................60 Senator J.L. Perchard:........................................................................62 Deputy C.J. Scott Warr en: ....................................................................62

1. Senator M.E. Vibert :....................................................................63

2. Senator J.L. Perchard:..................................................................63
3. Deputy R.G. Le Hérissier: ..............................................................63
4. Deputy G.C.L. Baudains:...............................................................64

5. Deputy G.W.J. de Faye:................................................................64
6. Deputy S.Pitman:......................................................................65
7. The Deputy of St. John:................................................................65
8. Senator S. Syvret:......................................................................66
9. Deputy J.J. Huet:.......................................................................67
10. Deputy J.A. Martin: .................................................................67 Deputy C.J. Scott Warr en: ....................................................................68 Senator M.E. Vibert :..........................................................................68 Senator S. Syvret:............................................................................68 The Deputy Bailiff :...........................................................................69 Senator S. Syvret:............................................................................69

2. Senator M.E. Vibert :....................................................................69

1. Deputy A. Breckon:....................................................................69
2. Deputy G.P. Southern :..................................................................70
3. The Deputy of St. John:................................................................70
4. Deputy G.C.L. Baudains:...............................................................70
5. Connétable J.L.S. Gallichan of Trinity :.................................................70
6. Senator W. Kinnard:....................................................................71
7. Deputy A.J.H. Maclean of St. Helier:...................................................71
8. Senator J.L. Perchard:..................................................................71
9. Connétable K.A. Le Brun of St. Mary:..................................................71
10. Senator T.A. Le Sueur:..............................................................72
11. Deputy G.W.J. de Faye: .............................................................72
12. Deputy S. C. Ferguson:..............................................................73
13. Senator P.F. Routier:................................................................74 The Deputy Bailiff :...........................................................................74
14. Deputy C.H. Egré of St. Peter : ......................................................75
15. Deputy J.A. Martin: .................................................................75
16. Deputy C.J. Scott Warr en:...........................................................75
17. The Connétable of St. Helier:........................................................76
18. Deputy I.J. Gorst :....................................................................76
19. Senator M.E. Vibert :................................................................76 Deputy C.J. Scott Warr en: ....................................................................77 The Deputy Bailiff :...........................................................................77

LUNCHEON ADJOURNMENT PROPOSED..................................................78 Senator L. Norman: ..........................................................................78

LUNCHEON ADJOURNMENT................................................................79 PUBLIC BUSINESS (resumed)...............................................................79

3. Connétable P.F.M. Hanning of St. Saviour : ............................................79
4. The Deputy of Trinity :..................................................................79
5. Deputy S.Power:.......................................................................79
6. Deputy C.J. Scott Warr en: ..............................................................80 The Deputy Bailiff :...........................................................................80

7. Family Nursing and Home Care Debt (P.46/2008) .....................................81

7.1 Senator T.A. Le Sueur (The Minister for Treasury and Resources): ....................81 The Deputy Bailiff :...........................................................................82

8. Channel Islands Lottery: allocation of a percentage of profits for 2007-2008 (P.47/2008)...............................................................................82

8.1 Deputy A.J.H. Maclean (Assistant Minister for Economic Development - rapporteur):.82

1. Deputy R.G. Le Hérissier: ..............................................................83
2. Deputy C.J. Scott Warr en: ..............................................................83
3. Deputy G.P. Southern :..................................................................83
4. Deputy A.J.H. Maclean: ................................................................83 The Deputy Bailiff :...........................................................................83

9. Working Party to Review Appropriateness of Departmental Structure (P.49/2008)..84

9.1 Deputy G.C.L. Baudains:...............................................................84

1. Senator T.A. Le Sueur:.................................................................90
2. Deputy J.J. Huet:.......................................................................91
3. Senator J.L. Perchard:..................................................................92
4. Deputy G.W.J. de Faye:................................................................93
5. Deputy S.C. Ferguson:..................................................................94
6. Deputy P.N. Troy : ......................................................................94
7. Deputy C.J. Scott Warr en: ..............................................................95
8. Deputy G.C.L. Baudains:...............................................................95

The Deputy Bailiff :...........................................................................97

10. Draft Legal Deposit (Jersey) Law 2007 (Appointed Day) Act 200- (P.50/2008)........97

10.1 The Deputy of Grouville (Assistant Minister for Education, Sport and Culture - rapporteur):.............................................................................98

1. Deputy G.W.J. de Faye: .............................................................98
2. Deputy G.C.L. Baudains: ............................................................98
3. Deputy R.G. Le Hérissier:...........................................................98
4. The Deputy of Grouville : ............................................................99 The Deputy Bailiff :...........................................................................99

11. Draft Legal Deposit (Jersey) Regulations 200- (P.51/2008)............................99

1. The Deputy of Grouville (Assistant Minister for Education, Sport and Culture - rapporteur):.............................................................................99 The Deputy Bailiff :...........................................................................99 Deputy D.W. Mezbourian of St. Lawrence (Chairman, Education and Home Affairs Scrutiny Panel):..................................................................................99
2. The Deputy of Grouville :...............................................................99

1. Senator M.E. Vibert :...............................................................100
2. Deputy G.W.J. de Faye: ............................................................100
3. Deputy G.C.L. Baudains: ..........................................................101
4. Deputy P.N. Troy :..................................................................101
5. Deputy J.A.N. Le Fondré: ..........................................................101
6. The Deputy of Grouville : ..........................................................101 Deputy G.W.J. de Faye:.....................................................................102 Mr. T.J. Le Cocq Q.C., H.M. Solicitor General:.............................................102

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

12. Draft Civil Aviation (Jersey) Law 200- (P.53/2008)...................................103

1. Senator T.A. Le Sueur (The Deputy Chief Minister):..................................104

1. Deputy P.J.D. Ryan of St. Helier:..................................................105
2. The Deputy of St. Peter:............................................................106
3. Deputy G.C.L. Baudains: ..........................................................106
4. Deputy S.C. Ferguson:.............................................................107
5. Deputy F.J. Hill of St. Martin:......................................................108
6. Deputy D.W. Mezbourian : .........................................................108

7. Deputy R.G. Le Hérissier:........................................................108
8. The Deputy of St. John:............................................................109 The Solicitor General:.......................................................................110 The Deputy of St. John:.....................................................................110
9. Senator T.A. Le Sueur:.............................................................111 The Deputy Bailiff :..........................................................................113 Deputy P.J.D. Ryan (Chairman, Corporate Services Scrutiny Panel):........................114

2. Senator T.A. Le Sueur:................................................................114

1. Deputy D.W. Mezbourian : .........................................................114
2. Deputy R.G. Le Hérissier:..........................................................114
3. Senator T.A. Le Sueur:.............................................................114 The Deputy Bailiff :..........................................................................114

3. Senator T.A. Le Sueur:................................................................115

1. Deputy R.G. Le Hérissier:..........................................................115
2. Senator T.A. Le Sueur:.............................................................115 The Deputy Bailiff :..........................................................................115

4. Senator T.A. Le Sueur:................................................................115

1. The Connétable of St. Saviour:.....................................................115
2. Deputy R.G. Le Hérissier:..........................................................115
3. Senator T.A. Le Sueur:.............................................................115 The Deputy Bailiff :..........................................................................116
   4. Senator T.A. Le Sueur:................................................................116 The Deputy Bailiff :..........................................................................116

ARRANGEMENT OF PUBLIC BUSINESS FOR FUTURE MEETINGS ..................116

13. Connétable D.F. Gray ofSt. Clement (Chairman, Privileges and Procedures Committee): ........................................................................................116 The Deputy Bailiff :..........................................................................116

1. Deputy G.P. Southern :................................................................117
2. Senator T.A. Le Sueur:................................................................117
3. Deputy G.W.J. de Faye:...............................................................117
4. The Connétable of St. Clement:.......................................................117
5. Deputy G.P. Southern :................................................................117
6. Deputy P.N. Troy : ....................................................................117
7. Deputy I.J. Gorst : .....................................................................117
8. Deputy J.A. Hilton of St. Helier:......................................................118 The Connétable of St. Clement:.............................................................118 The Deputy Bailiff :..........................................................................118 Deputy G.P. Southern :......................................................................119
9. The Deputy of St. Martin:.............................................................119 The Deputy Bailiff :..........................................................................119

ADJOURNMENT..............................................................................119

The Roll was called and the Deputy Greffier led the Assembly in Prayer.

QUESTIONS

1. Written Questions

1.1.  DEPUTY S.C. FERGUSON OF ST. BRELADE TO MINISTER FOR HOME AFFAIRS REGARDING THE TOWING AWAY OF VEHICLES: Question

Will the Minister give:

1. the total costs of the towing away of vehicles for 2005, 2006 and 2007 as instructed by the police and on their account, by year,
2. the total reimbursements payable by owners of those vehicles for the same periods
3. the amount still outstanding for collection from the owners of those vehicles.
4. The number of vehicles towed away under police instructions and orders per year for 2005, 2006 and 2007.

Answer

1. The totalcostsof the towingawayof vehicles for 2005,2006and2007 as instructedbythe police and on their account, by year follows:

2005 £22,405 2006  £27,212

2007  £38,840

2. The total reimbursements payable by owners of those vehicles for the same periods.

Where a vehicle is involved in a minor traffic accident and the States Police send a recovery vehicle to the scene, the Police are not liable for the cost. The recovery company bills the owner direct.

Vehicles that have been recovered by police after being stolen or sent to DVS for examination are those in respect of which cost recovery has, in the past, not been made from owners. However, following a review of the States of Jersey Police's vehicle recovery policy, it has been identified that current legislation was not being used to its full extent to recover the cost in this category of vehicle recoveries. It was also established that whilst the audit trail under the current system identified and verified each request by police for a vehicle to be recovered, it sometimes did not distinguish the category of recovery and therefore those liable for the cost. As a result, the States of Jersey Police do not have figures available for cost recovery from vehicle owners for the years in question. A new draft police vehicle recovery policy has been developed which will address these issues.

3. The amount still outstanding for collection from the owners of those vehicles. Not available for the reasons previously stated.
4. The number of vehicles towed away under police instructions and orders per year for 2005, 2006 and 2007 follows:

2005 - 373 2006 - 453 2007 – 647

2. DEPUTY S.S.P.A. POWER OF ST. BRELADE TO THE MINISTER FOR TREASURY AND RESOURCES REGARDING TAXI DRIVERS AND GST:

Question

Will the Minister advise whether taxi drivers on a Private Hire company plate controlled by a company owing 30 or more plates with a turnover of more than £300,000, will have to levy GST, even though they may or may not own the vehicle they drive and , if so, does the Minister not consider that, given many Public Rank taxi drivers as well as Private Hire taxi drivers are self- employed and will be GST exempt as their turnover will be less than the de minimis £300,000 this could disadvantage company plate drivers?

Answer

The legal requirements to register for GST are the same for taxi drivers as they are for any other business activity – if they make supplies in the course of, or furtherance of, business in Jersey and their taxable turnover exceeds £300,000 per annum - they must register. This applies whether they are "owner drivers" operating as sole proprietors or whether they are structured as a corporate entity. As a result most self-employed taxi drivers will not be required to be registered for GST.

Taxi companies with a taxable turnover in excess of £300,000 p.a., just as any other registered business, will have to account for GST on fares collected but will be able to offset the GST charged on expenditure (vehicles purchase; repairs/servicing and fuel costs). The non registered taxi driver will not have to account for tax on fares but will not be able to recover any GST on their expenditure (and as a result some may apply for a voluntary registration). Since the majority of their operating expenses are likely to suffer GST which they cannot recover unless they are registered (and charge GST), they are likely to have to reflect these costs in fares which match those of the registered taxi driver.

I am aware that the taxi drivers held a meeting in April 2008 and as result some have approached the Income Tax Office with their concerns. Although they came to the table very late I understand the dialogue is ongoing and each application is being dealt with on a case by case basis.

3. DEPUTY P.V.F. LE CLAIRE OF ST. HELIER TO THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING CANCER CARE IN JERSEY:

Question

1. Is the incidence of cancer in Jersey high in comparison to other Channel Islands, European Union (E.U.) countries and the USA per head of population and if so, what is planned to address this situation?

Answer

The overall age-standardized cancer incidence rate for Jersey was 431.3 per 100,000 population in 2003-05. This rate is similar to the overall rate for Guernsey and the South West Region of England and the 25 EU countries. It is higher than for England & Wales and Europe as a whole and lower than overall rates for Scotland, France and USA.

As to specific cancers with relatively high incidence rates in Jersey, lung cancer remains one of the biggest cancer challenges. As well as high local incidence, it also has a high mortality rate. This is the Island's legacy from cheap cigarettes. Head and neck cancer is also relatively high in incidence here – the main risk factors being smoking and drinking. The Health and Social Services Department has been working to reduce tobacco and alcohol consumption on the island to try to prevent some of these cancers. It is envisaged that anti-smoking legislation introduced last year - together with services provided free to help people to stop smoking - will be helping to turn the tide and help reduce cancer incidence in the future.

Melanoma (skin cancer) has a higher incidence than would be expected which is probably related to outdoor lifestyles and a good diagnosis service. Melanoma is a cancer that can be treated if caught in time and causes few deaths. The Medical Officer of Health will be working with the Dermatology Service at the General Hospital towards improving understanding of the pattern of incidence of this cancer in Jersey.

Work  is also  planned to  establish a Jersey Cancer Strategy Group to take  forward  work initiated in partnership with colleagues at the South West Cancer Intelligence Service (part of the SW Public Health Observatory).

Question

2. What analysis, if any, has been conductedto identify any correlation between levels ofcancer in the Island and emissions from Bellozanne Incinerator and the Nuclear Reprocessing Facilities in Northern France, and what measures, if any, are planned for monitoring these areas in the future?

Answer

Modeling of emissions from Bellozanne based on real-time weather data indicates that most of the Island is affected by these emissions. However, epidemiological studies examining the impact of emissions from incinerators on people working at or living near them have not demonstrated a causal relationship to any specific disease. A recent large study carried out in the UK investigated the incidence of cancer near municipal solid waste incinerators and found that the increased incidence of certain cancers (all cancer, stomach and lung) was more likely to be associated with the socio economic factors of the area than the incinerator. Incinerators built since 1996 are subject to tighter regulations on emissions and levels of pollutants from incinerators are now much lower than before.

The Health and Social Services Department already undertakes sampling of local marine and agricultural produce for radioactivity. These results are published in an annual report UK Radioactivity in Food in the Environment', which is available on the Health Protection web site. The reports have shown that the levels of radioactivity on and around Jersey are very low.

In the first week of May 2008 our Health Protection Unit, in conjunction with the radiological branch of the HPA in UK have installed a long term monitor for air-borne radiation in St Helier.

Question

3. Is the Minister confident that any leak orincidentfrom Nuclear facilities in France will be made known to the Jersey Authorities under the current monitoring systems, in order to sufficiently protect the population of Jersey?

Answer

There are two parts to this answer.

Firstly, under the World Health Organisation (WHO) International Health Regulations 2005 it is a requirement for Public Health Emergencies of International Concern to be notified to WHO. This follows directly the experiences from the Chernobyl Reactor event in 1986. The WHO will then, through a system of focal points in the international jurisdictions, alert governments to the event/s. An incident at one of the French nuclear facilities would require

the French Authorities to notify WHO of the event through this procedure. For Jersey, other UK Crown Dependencies and Overseas Territories the WHO focal point is the UK Health Protection Agency Centre for Infections at Colindale. The contact focal point for the UK with Jersey is Public Health Services of the Health and Social Services Department.

Secondly, the above system is somewhat bureaucratic, given what may be a short time frame for an impact on Jersey. States Ministers and officers have been working with French colleagues in La Manche to improve collaboration on international issues affecting both jurisdictions - particularly Emergency Planning and the development of the nuclear site at Flamanville and the existing facility at La Hague. Senior Officials at La Manche have confirmed that in the event of an incident, Jersey would be notified directly.

Question

4. How closely does Jersey follow National Health Service policies in relation tothe funding and availability of new cancer drugs?

Answer

The Health and Social Services Department funds and provides all new cancer drugs which have been approved by the UK / NHS National Institute for Health and Clinical Excellence (NICE), and which can safely be delivered on the Island.

Question

5. What is the annual expenditure for cancer drugs? Answer

The annual expenditure by the Health and Social Services Department specifically on cancer drugs (as opposed to drugs to treat patients who have cancer) for the last 3 years is approximately as follows: 2005 - £771,504; 2006 - £851,492; 2007 - £1,059,910. This is an overall figure taken from the pharmacy IT system for all issues of drugs classified in BNF Chapter 8 (Malignant Disease and Immunosupression) excluding sections 8.2.1 (antiproliferative immunosupressants) 8.2.2 (corticosteroids and other immunosupressants) and 8.2.4 (other immunomodulating drugs) where the majority of use would be for non cancer treatment. This is the best indicative figure obtainable within the time available. It does not include other drugs which are used in cancer patients (e.g. filgrastim, erythropoietin (EPO), antiemetics etc). These figures include treatments for private patients as well as public. Additionally, this does not include figures for any primary care prescribing by GPs (e.g. anastrazole for breast cancer or bicalutamide for prostate cancer).

Question

6. What is the total estimated spend from private health care on cancer drugs in Jersey each year? Answer

In order to provide a detailed estimate, the finance staff within the Department would have to compile the data by sorting through all private patient invoices which involve cancer treatments. This will take approximately six months. Perhaps the Deputy would advise me of whether he is sufficiently enquiring on this point so that we can justify deflecting finance staff from their core duties at this time? (The finance staff within the Department are under a considerable amount of pressure at this time due to a number of vacancies).

Question

7. Will the Minister advise what actions are being taken to ensure that cancer sufferers in Jersey have the best chance of survival and recovery?

Answer

It will always be a challenge for a small Island such as Jersey to do all that is reasonable to ensure cancer patients have an equivalent standard of care, and outcomes of treatment, to those expected in larger, developed nations. As noted below (Q8), our arrangements for access to tertiary care are well developed and robust.

The Department is a partner organisation within the SW Cancer Intelligence Service (see Q1). A key role for the Cancer Intelligence Service is to examine cancer survival rates which includes comparing Jersey with the SW Region. Although Jersey has very small numbers to analyse, our cancer survival rates are similar suggesting our patients are receiving an equally good service.

Jersey needs to improve its coverage rates for breast, and cervical screening as there is a wealth of evidence that early diagnosis of cancer leads to the best chance of being cured. As soon as funding is identified the Department will be embarking on a new screening programme for bowel cancer which is already available in some parts of the UK – bowel cancer being another common cancer where there is a great opportunity to save more lives through earlier diagnosis.

Question

8. Is the Minister willing and able to offer patients who revert to France as a last resort for cancer treatment a full refund of their expenditure and if so, can he advise how many such cases there were in 2007?

Answer

No. There are already suitable arrangements in place. Consultants who care for individual cancer patients will (where appropriate) determine any referral to a tertiary centre. Jersey has well developed clinical links with UK centres and there is sufficient capacity in our referral system so the question of last resort' does not apply.

The Department does not have any arrangements for reimbursing the costs of overseas treatment. Patients are at liberty to seek medical treatment in France or elsewhere should they choose to do so - but costs incurred would be their own responsibility.

Question

9. Whatextra demands in terms of cost areexpectedto achieve a standstill position for Jersey in terms of cancer drugs in the next 5 years?

Answer

Annual expenditure for cancer treatments is increasing at approximately somewhere between 10 and 20% per annum. In order to continue to provide all treatments approved by NICE/NHS, there is no reason to assume that this pattern will not continue given the likely number of new and more expensive treatments being approved in the coming years. Indeed, it is possible that we may observe an annual increase of around 15% - taking also into account the growing proportion of older people in our population and the higher incidence of cancers in older age groups.

Question

10. Does the Minister have benchmark figures to assess how the number of bed days taken up with cancer patients in 2007 compares to other Channel Islands, E.U. Countries and the USA?

Answer

The Department does have benchmark data which is based on a primary cancer diagnosis (ICD-10, Disease Codes C00 – C97). The latest data for Jersey (year 2007) is 407 patients, accounting for 642 hospital episodes' and 3315 bed days. The assessment of this benchmark data will form part of the work of the South West Cancer Intelligence Service in the coming months.

4. DEPUTY P.V.F. LE CLAIRE OF ST. HELIER TO THE MINISTER FOR SOCIAL SECURITY REGARDING REMOVAL OF COSTS FOR PRESCRIPTIONS:

Question

Has the new measure to remove costs for prescriptions increased the numbers of prescriptions from tourists to Jersey taking advantage of the lack of a charge?

Answer

The Health Insurance (Jersey) Law 1967 provides financial assistance for GP medical services and subsequent prescriptions arising. Only insured people are eligible for this support and the eligibility criteria requires a person to be ordinarily resident in Jersey and entered into the insurance scheme for at least six months.

Visitors to the Island may not access the scheme and are required to use the visitors' clinic should they require urgent and necessary GP services. Under this service, overseas visitors are charged for GP services and private prescriptions are issued.

Under the Health & Social Services (H&SS) and UK reciprocal health agreement, UK visitors may attend the visitors' clinic and receive a prescription at no cost to the UK visitor. However the cost of this consultation and any subsequent prescription is then recharged to the UK by H&SS.

5. DEPUTY S.S.P.A. POWER OF ST. BRELADE TO THE MINISTER FOR PLANNING AND ENIRONMENT REGARDING MOTORHOMES AND CARAVANS:

Question

1. Can the Minister confirm that before a motorhome can be registered in the Island, in accordance with the Planning and Building (Jersey) Law 2002, a copy of the relevant permit, issued by the Minister for Planning andEnvironment must besenttotheDriverand Vehicle Standards Department and to the person wishing to register the vehicle or import the vehicle?

2. Can the Minister confirm that once the vehicle is registered, that he can attach any condition restricting where the motorhome can be stationed or used?
3. Can the Minister advise whetherthere exists a policy regarding the use of and parking of such vehicles exceeding 2.3 metres in width?
4. Can the Minister confirm how many permits have been applied for to import motorhomes/caravans sincetheendof2002andhow many permits have been issuedunder the Planning and Building Law 2002?

5Can the Minister confirm how many meetings, if any, his Department has had with the Driver

and Vehicle Standards department to discuss the number of motorhomes/caravans currently imported into the Island and registered since 2002?

6. Will the Minister undertake to find out how many vehicles, either caravans, motorhomes or dormobiles are in the Island and will he undertake to ensure that these vehicles are parked on private property, either the property of the owner or on private property that the owner has access to for parking and storage by agreement?"

Answer

1. The relevant permit is sent to the applicant. Whilst there is no requirement in the Planning and Building (Jersey) Law 2002 to notify the Driver and Vehicle Standards Department, this is done in any eventas a matter of good practice.
2. The Minister for Planning and Environment can attach a condition under the Law to the importation of a caravan. The Law requires that any such condition "shall fairly and reasonably relate to the importation of the caravan or the use of the caravan on the Island."
3. No such policy exists within the remit ofthe Minister for Planning and Environment. The width of vehicles is a matter for the Driver and Vehicle Standards Department. It is understood that the main criteria used by that Department in issuing any size exemption permit for any vehicle is whether granting such a permit is in the public interest as a whole andnot just to the individual making any application. Permits issued for an oversized motor home are granted on a restricted movement basis from the docks to the owner's home and vice versa and to a garage for servicing, but not for general circulation within the Island.
4. Since 2002, a totalof 152 permits have been issued for motorhomes and 19 for caravans. Anecdotally, the Department is aware that many ofthese vehicles are routinely keptoutof the Island and only brought back for repair or sale.
5. Whilst no such meetings have been held within this timescale, officers of each Department are in regular contact.
6. The Minister for Planning and Environment is aware that there are currently 692 motor homes and 128 caravans licenced in the Island. The dutyofthe Minister in this matter is to properly controlthe importation of such vehicles. It is not for the Minister to enforce a particular storage regime on the owners of such vehicles, unless there is a particular planning reason to do so. If, as is inferred by the question, there is perceived to be a mounting problem withthe improper storage of caravans on public land, then that is a matter for the relevant States Department or Parish which administers such land.

6. DEPUTY  S.S.P.A. POWER  OF  ST.  BRELADE  TO  THE  MINISTER  FOR EDUCATION, SPORT AND CULTURE REGARDING AQUASPLASH OPERATIONAL COSTS:

Question

1. Following his comments to the Education and Home Affairs Scrutiny Panel and the 2007reporton funding the Aquasplash pool, cantheMinisterconfirmthetotal amount oftaxpayers funds by year since inception that have been disbursed to the operators ofthe Aquasplash complex and the operational costsof that swimming pool since it opened?

Answer

The total amount of taxpayer's money that has been paid to the operator since the pool opened in July 2003 is-£1,170,000

The operational cost of the pool since the pool opened in July 2003 is has follows:-

July 2003 to end year 2004 £1,755,000 less income * £1,370,000 net operating cost £385,000 2005 £1,175,629 less income *£965,159 net operating cost £210,470

2006 £1,289,461 less income *£1,014,005 net operating cost £275,456

2007  £1,258,472 less income *£959,712 net operating cost £298,760

* Please note the income includes a annual subsidy payment made by the developer CTP of approx £100,000 per annual

Question

2. Can the Minister supply the attendance and usage figures for the Aquasplash pool by year since it opened?

Answer

The attendance figures are as follows:-

2003 July to December Total visits  92,824

1. Pay and Play/Members  68,315
2. Swimming Lessons  24,509

2004 Total Visits  247,871

1. Pay and Play/Members  126,398
2. Swimming Lessons  121,473

2005  Total Visits  274,724

1. Pay and Play/Members  123,107
2. Swimming Lessons 151,617

2006 Total Visits  288,922

1. Pay and Play/Members  119,073
2. Swimming Lessons  169,849

2007  Total Visits 306,576

1. Pay and Play/Members  158,684
2. Swimming Lessons  141,692

Question

3. Can the Minister supply the operational costs, the attendance and usage figures for the Les Quennevais pool by year since the Aquasplash pool opened?

Answer

See Chart below

Note: Staff & Non Staff costs are estimated at 70%of total Centre Costs income at 65% of total income.

LQ POOL COSTS 2004 - 2007

2004 £

Staff  821,120 Non Staff 453,362

Visits

@ 70% 574,784

@ 70% 317,353 Total  253,291 892,137 Pool 177,303

Income

Pay & Play 206,000 206,000 Active 443,250 @ 65% 288,112

494,112

Pool Net Operating Cost 2004 398,025

2005

Staff  841,648 @ 70% 589,153

Non Staff 448,670 @ 70% 314,069 Total 300,421 903,222 Pool 210,294

Income

Pay & Play 251,000 251,000 Active 481,660 @ 65% 313,079

564,079

Pool Net Operating Cost 2005 339,143

2006

Staff 854,000 @ 70% 597,800

Non Staff 405,000 @ 70% 283,500 Total  303,929 881,300 Pool 212,749

Income

Pay & Play 212,958 212,958 Active 515,320 @ 65% 334,958

547,916

Pool Net Operating Costs 2006 333,384

2007

Staff 888,400 @ 70% 621,880

Non staff 438,100 @ 70% 306,670 Total 290,800 928,550 Pool 203,560

Income

Pay & Play 173,000 173,000 *pool closed

maintenance Active 555,411 @ 65% 361,017

534,017

Pool Net Operating Costs 2007 405,533

* It is estimated that 70% of staff and non-staff costs are attributable to the pool. The other 30% are towards non-pool costs. It is estimated that 65% of income from the Active Card for  Les Quennevais are attributable  to the pool.   The remaining 35%  is  for  non-pool activities.

Question

4. Can the Minister supply the inclusive operational costs, the attendance and usage figures for the Fort Regent pool in the three immediate years prior to its closure?

Answer

The attendance figures per annum are as follows:-

2000  126,361

2001 124,980

2002 122011

2003 99,562  * Closed to public in July

* Club usage only to December 2003

The net operational costs for the following years:-

2001  £385,000

2002 £424,000

2003 £480,000 * no public pay and play after July 2003. Therefore reduced income.

7. DEPUTY  S.S.P.A. POWER  OF  ST.  BRELADE  TO  THE  MINISTER  FOR TREASURY AND RESOURCES BY REGARDING GST SUB ITEMISATIONS ON TILL RECEIPTS:

Question

Following the narrow defeat on 29th April 2008 of P42/2008 (the Draft Goods and Services Tax (Amendment) (Jersey) Regulations 200-) would the Minister give an undertaking to the Assembly that he will bring in GST sub-itemisation on every sale receipt where GST is levied on behalf of Treasury by the 1st January 2009, and if not, why?

Answer

On a point of clarification I have taken "sub-itemisation" to mean that all registered retailers would be required to identify the GST content of a supply and display the amount of tax separately on all receipts issued.

With the tax only having been in operation for a week I would not at this stage give an undertaking to the Assembly to bring in this requirement for all GST registered retailers by 1st January 2009. What I can do is give an assurance that the issue will form part (included in the terms of reference) of the post implementation review of GST. This will be carried out later in this year (October) in time for any recommendations to be included the budget statement scheduled for December. I consider it vital after just one week since the new tax was introduced that we allow all concerned (both businesses and consumers) some period of consolidation before imposing any further changes particularly at the retail level. This time period will also allow us to gather more robust statistical information on which to base future policy decisions.

8. DEPUTY G.P. SOUTHERN OF ST. HELIER TO THE MINISTER FOR TREASURY AND RESOURCES REGARDING INCREASES IN INDIRECT TAXATION

Question

Does the Minister accept that following the introduction of GST on 6th May Islanders will see a 53% increase in indirect taxation, totalling over £130 million in 2008 made up approximately of the following:

Impôts £53m (2006)

Stamp Duty £23m (2006)

Island Rates  £ 9m (2006)

= £85m

GST +  £45m (est. full year 2008)

= £130m

What justification has the Minister to offer to residents for such an increase in indirect taxation at a time when the economy is growing along with income tax receipts?

Answer

While the calculation is not quite accurate (it compares 2006 revenue for Impôts, stamp duty and Island rates with a 2008 figure for GST) the Deputy is correct to identify that the introduction of GST will mean a significant rise in indirect tax for Islanders.

It is surprising however that after numerous States debates on the subject of 0/10 that the Deputy is asking at such a late stage what the justification is for such an increase. Most States members will not need reminding that the move to 0/10 is critical for the Island if we are to sustain the economic success we have all become accustomed to. The whole purpose of the States Fiscal Strategy is to reduce corporate tax (direct taxation) to keep the finance industry competitive and at the same time meet international requirements on corporate tax. This requires Islanders to pay a little more tax now in order to prevent having to pay significantly more tax in the future.

GST is an indirect tax and the main measure for achieving this. GST was chosen for a number of reasons and in particular because it is paid by everyone whatever their source of income and because it does not impact on the competitiveness of the economy (it excludes exports and includes imports).

The Deputy implies that because the economy and tax receipts are growing there is no need to introduce GST. This seems to be based on the premise that if we have an increase in tax revenue it is alright to spend it. However, this is not sound economic management because it means that the combination of States tax and spending policy would be to add more to demand in the economy at time of strong economic growth and little or no spare capacity. The outcome of such an approach would be inflationary which would be against the States economic objectives and to the detriment of all Islanders and businesses.

9. DEPUTY G.P. SOUTHERN OF ST. HELIER TO THE MINISTER FOR TREASURY AND RESOURCES REGARDING TAX RECEIPTS FROM INTERNATIONAL BUSINESS COMPANIES:

Question

1. Will the Minister explain to members why the tax receipts from International Business Companies (IBCs) and Exempt Companies (Excos) (estimated as £61m for 2006) are not included in Figure 2.2 of Jersey In Figures 2007, "Sources of income tax receipts", when they were in previous editions (e.g. Jersey In Figures 2005, p.4)?

Answer

The aim of Jersey in Figures' is to provide a summary of a wide range of information that is produced annually about Jersey. As such, the data and charts included in the publication, produced by the Statistics Unit, do vary from year to year. This year, in figure 2.2, "International Business Companies and Exempt Companies" are included under the heading of "Companies" as this is how the data is presented in the 2006 Financial Report and Accounts.

Question

2. Will he inform members what the level of these tax receipts were in 2006? Answer

The tax receipts from International Business Companies in 2006 were £62 million and from exempt companies £10.5 million.

Question

3. Will he further inform members what are the estimates for coming years, and especially will he explain what the impact of the zero/ten proposals will be on these receipts?

Answer

In 2007 and 2008 the estimated receipts from the exempt company are £11.7 million for each year. In 2009 all tax receipts from the exempt company will disappear completely due to the move to zero/ten'. The International Business Company estimated receipts in 2007 are £65 million, for 2008 are £66.6 million and for 2009 are £68.3 million. These International Business Company receipts will gradually reduce over the period 2010 to 2013 with a probable final total net loss estimated at £16 million, due to the impact of zero/ten. Members will appreciate that the net loss is relatively small since in most cases the lost IBC receipts will be replaced by tax receipts from those companies assessed at the 10% rate.

These estimates come with the caveat that there was no examination of every single case and every single sector, so must be treated with a degree of caution. It will only be in 2013 that the full and complete effect of the zero/ten legislation will be known.

10. DEPUTYG.P.SOUTHERNOFST.HELIER TO THE MINISTER FORECONOMIC DEVELOPMENT REGARDING FUNDING OF FINANCE INDUSTRY AND JERSEY FINANCE LIMITED:

Question

1. Will the Minister inform members why he considers that it may be necessary to spend the £199,000 proposed in his draft 2009 Business Plan to directly market the Island's finance industry, when his department already funds Jersey Finance Ltd (JFL) £1million to market and promote the sector?
2. Will he also state whether this sum is proposed for the setting up of a permanent representative post in India or China?
3. Will he further inform members whetherheorJFL has drawn up a detailed business planto examine any such proposal and, if so, will he release it to members?

Answer

The Deputy should be well aware of the need to promote the finance industry as he has just been scrutinising JFL. He should also be well aware of the importance of a healthy and successful finance industry to the economic health of the Island.

Currently most onshore and offshore jurisdictions are spending increasing sums on promotion of their finance industries. In particular, whilst complete data is not available it is clear that substantial sums are being spent by Jersey's major competitors including Singapore, Hong Kong, Switzerland, Ireland, Luxembourg and Isle of Man. In particular, Singapore has the most comprehensive promotion of their jurisdiction particularly including substantial funding available for those seeking to obtain relevant qualifications to work in their finance industry. Middle East locations such as Dubai, Qatar and Bahrain are also putting very significant sums which dwarf the amount that Jersey spends as they seek to establish competing centres.

Also a significant proportion of Jersey's tax revenues are derived from business generated from the UK. Recent UK initiatives have had the potential to undermine some of those income streams and demonstrate a measure of vulnerability in the sectors affected. It is therefore an opportune moment to renew our efforts in terms of diversifying the sources of business and to target directly other geographical markets. Much of this activity will relate to the financial services industry but not exclusively so.

There is no doubt that the finance industry and therefore the Jersey economy is likely to face a period of sustained challenges from a wide range of world events. Therefore we are considering all the options in order to keep the economy on the best possible footing.

The sum stated in the draft business plan is not proposed specifically for the setting up of a permanent post in China or India but other marketing and promotional initiatives. However these options are actively being considered along with other activities which would promote the industry.

Jersey Finance have submitted business propositions which are being considered in detail in order to evaluate what proposals are most appropriate and to ensure that the Department gets the best value for money. These are weighted along with all proposals put forwards by the different areas of the Department to decide how money is allocated. However, it is currently too early to state what the final plan will be for next year as we are considering the implications of the London Business School's independent review of the finance industry - which has just been completed.

We hope that all States members will attend the special briefing laid on for them in order that they can make an informed decision as to what we will need to do in order to preserve the tax revenues that we all rely on to enjoy the excellent services provided by the Jersey Government. We will of course keep States members informed of developments when it is appropriate to do so.

11. DEPUTY G.P. SOUTHERN OF ST. HELIER TO THE MINISTER FOR TREASURY AND  RESOURCES  REGARDING  AVERAGE TAX  BILL  FOR  INDIVIDUAL RESIDENTS:

Question

1. DoestheMinisteracceptthatJersey households willpay,onaverage,an additional £1,000tax in each full year of GST, and if not what figure does he suggest?

Answer

As I do not know how the Deputy reached the figure of £1,000, he will need to give me full details of his calculations, supported by evidence, to enable me to give a definitive answer to this question. However, I dispute that this is an accurate figure for Jersey households. It is a fact, for example, that following the increase in tax exemption limits announced by me at the Budget last December, many low to middle income earners will see a cut in their income tax bills, not an increase.  Some  current  taxpayers  will  fall  completely  out  of  the  tax  net  in  the  future.  I acknowledge that some high earners will see an increase in their tax bill but this is a deliberate part of my fiscal policy, as it is right and proper that the higher earners pay more in tax through the 20% means 20% legislation.

Question

2. Alternatively, does he acceptthatthe average tax bill for individual residents will rise by 13% following the introduction of GST as follows:

Income tax:

Salary & wage earners £171 m

Self employed & investments £ 35 m Other Indirect Tax £ 85 m

Total £291 m

GST raised = £38 m (£45 m less £7 m finance sector) / £291 = 13% increase?

Answer

The tax bill of individual residents will not rise by an average of 13%, firstly because many individuals in Jersey in the low to middle income earnings bracket will see a reduction in their income tax bills because of increased exemption thresholds, and secondly because, in addition to the finance industry, tourists and people on business in the island will make a significant contribution to the yield from GST.

Question

3. If not what figure does he have for the average percentage tax rise for individual residents? Answer

I have no such figure that would be of any meaningful use, as individuals and individual households vary so much in their individual circumstances, as evidenced by the wide range of individual and different scenarios outlined in the 20% means 20% examples issued a couple of years ago.

12. DEPUTY G.P. SOUTHERN OF ST. HELIER TO THE MINISTER FOR HOUSING REGARDING FINDINGS OF HOUSING NEEDS SURVEY 2007:

Question

Does the Minister accept that the findings of the Housing Needs Survey 2007 recently published by the Statistics Department are the most rigorous ever produced and form a sound basis for the planning and delivery of homes in the coming years?

Will the Minister explain to members why the potential shortfall in 2, 3 & 4-bedroom accommodation, first identified in 2004, has not been properly addressed by his department resulting in an increase of two-thirds in the shortfall? Does the Minister accept that this failure has contributed substantially to the unsustainable price rises in this sector?

Does the Minister accept the findings of the survey of an over-supply of 1-bed flats in the (under- 55)  market? Further will he inform members what number and proportions of 1-bed accommodation units are under construction or have planning permission for 2008 and 2009? What measures will the Minister take to address this issue?

Answer

I do accept that the findings of the Housing Needs Survey which was carried out independently by the Statistics Unit are most certainly robust. The data collected will in my view be an invaluable tool for the planning and delivery of homes particularly over the next 2 – 5 years.

I wholeheartedly disagree with the Deputy 's suggestion that the shortfall in 2, 3 & 4 bedroom accommodation has not been addressed. The Planning Minister and I work closely on these issues, for it is the Planning process which delivers new homes and new opportunities. I am delighted that two Propositions will shortly be debated by the States, regarding Lifelong Homes and Jersey Homebuy. I am also delighted that in 2007, the States agreed to give States Tenants an opportunity over a ten year period to buy a home. I would suggest that the findings of the survey report completely vindicate the decision of this Assembly last year.

The Planning and Environment Minister and I enjoy an excellent working relationship and much has been achieved since 2004 in delivering sufficient homes to meet the level of need indicated in 2004.

13. DEPUTY G.P. SOUTHERN OF ST. HELIER TO THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING FINDINGS OF HOUSING NEEDS SURVEY 2007:

Question

Does the Minister accept that the findings of the Housing Needs Survey 2007 recently published by the Statistics Department are the most rigorous ever produced and form a sound basis for the planning and delivery of homes in the coming years?

Answer

The recently published Housing Needs Survey is the latest in a series of surveys aimed at establishing potential housing requirements, based upon peoples expressed aspirations. With each survey refinements have been made to improve the value and accuracy of information obtained, and the findings of the 2007 survey are the best indication to date of potential housing requirements. As such they will be invaluable in informing major pieces of work such as the Island plan review, shared equity Homebuy' and the retirement homes proposition.

The Statistics Unit conducted and analysed the survey and is very pleased with both the level of response and quality of the information received. The survey is the most rigorous so far, in terms of:

• Accuracy: This is due to the fact that it had a very high statistical sample of just over 10,000, and a superb response rate of 56%;
• Representation: The survey had a very good response rate from across all tenures;
• Issues Explored: The survey not only detailed supply & demand analysis in terms of type, size and tenure of dwellings but also: affordability, first-time buyers'; and older persons' housing

It must be remembered when using the survey results that they represent a snap-shot in time. The aspirations of households in late 2007 may alter, due to changing economic circumstances or households changing their minds, so they will need regular monitoring and review. For the time being, we will need to decide what needs to be done to meet these aspirations, some of which may not be realistic given some households' current size or income levels.

Will the Minister explain to members why the potential shortfall in 2, 3 & 4-bedroom accommodation, first identified in 2004, has not been properly addressed by his department resulting in an increase of two-thirds in the shortfall? Does the Minister accept that this failure has contributed substantially to the unsustainable price rises in this sector?

Question

Will the Minister explain to members why the potential shortfall in 2, 3 & 4-bedroom accommodation, first identified in 2004, has not been properly addressed by his department resulting in an increase of two-thirds in the shortfall? Does the Minister accept that this failure has contributed substantially to the unsustainable price rises in this sector?

Answer

It is important to recognise that the planning system sets out, through the Island Plan process, to ensure sufficient land is available to meet future housing requirements of all types.

To date planning policy has only attempted to control the size of units for need housing. The size of homes provided in private developments is generally dictated by the market, and the Department has no powers, under current planning policy, to prescribe the type of homes the private sector provides.

The Department does not accept that the Planning Department has failed to address the shortfall in family homes provision identified in the 2004 housing needs survey, nor that such an alleged failure led to the potential shortfall identified for the next five years.

The 2004 housing need survey identified a total requirement of 2400 homes in the qualified sector over the period 2005 to 2009 (based on a net annual in migration of 200 households per year and the housing qualification period reducing to 10 years). The indications are that the overall supply of new homes has been generally sufficient to meet the identified overall requirements for new homes. If we combine the net completions of new homes between 2005 and 2007 with homes under construction at the end of 2007 it totals some 2500 and this took no account of other outstanding permissions which had yet to commence.

Regretably, there are no accurate figures on the size of homes completed or under construction during that period. However, Planning for Homes 2006' did look at a sample of completions from 2005 and the first half of 2006, which indicated a good spread of 1-, 2- and 3- bedroom completions. However, it also revealed the prominence of completion of 1-bed homes (boosted by the completion of the Spectrum development) and the limited number of 4- and 5-bedroom family homes completions. A similar exercise was carried out in the same document for outstanding commitments as at mid-2006. This indicated healthy supplies of 1-, 2- and, notably, 3-bedroom homes in the pipeline. Again, there were only limited numbers of larger 4- and 5-bedroom homes amongst the outstanding commitments.

In the light of the above, it would appear that any shortfall in provision for previously identified housing requirements for the period 2005 to 2009 is likely to be concentrated in the larger 4- and 5- bedroom family home market.

It is important to recognise that the current housing needs survey looks into the housing requirements over the next 5 years from 2008 to 2012 and this reflects changed economic and political circumstances and the different and changing aspirations of those surveyed. It is too simplistic, therefore, and incorrect to imply that the identified requirements for different sizes of homes over the next 5 years represents a failure of the planning system to provide for such homes in the previous 5 years. It is more likely that the majority of the newly identified requirements represent new demand.

The previous round of the housing need survey was conducted in late 2004 and had followed 18 months which had seen falling employment as well as several years of real term fall in the Island's economic performance.

The latest round (late 2007) has come after two years of increased employment (especially for locally-qualified people), average earnings increasing faster than inflation and strong real term growth in the economy. It was for this reason that the need for a new housing needs survey was identified in order to capture these changing circumstances.

It is true that the shortfall has increased compared to previous round of the survey. However, the increase in the shortfall and in the price of owner-occupier properties is more likely to be a reflection of improved economic circumstances, changing demographics, changing market conditions and increasing confidence among potential buyers in the Island, than a lack of supply in previous years.

The latest housing need survey included questions related to shared equity Homebuy schemes and this may well have led to an increased demand from potential first time buyers who would otherwise not have contemplated home ownership as a realistic option in previous surveys.

It is also interesting to note that recent average building rates for the period 2005-2007 are around 595 units per annum, which compares very favourably with the long term average rate (1986-2004) of 410 units.

Does the Minister accept the findings of the survey of an over-supply of 1-bed flats in the (under- 55)  market? Further will he inform members what number and proportions of 1-bed accommodation units are under construction or have planning permission for 2008 and 2009? What measures will the Minister take to address this issue?

Question

Does the Minister accept the findings of the survey of an over-supply of 1-bed flats in the (under- 55)  market? Further will he inform members what number and proportions of 1-bed accommodation units are under construction or have planning permission for 2008 and 2009? What measures will the Minister take to address this issue?

Answer

It is true to say that a potential surplus of 1-bed units has been identified, but this is dependent on the complementary availability of larger units. Some of those wishing to move from 1 bedroom accommodation may for example be on lower incomes and unable to move to larger accommodation. Some of these households may be able to take advantage of the proposed Homebuy scheme being put forward by the Planning Department and soon to be debated in this house.

It is difficult to anticipate precise numbers for permissions of 1 bedroom accommodation that will come forward over the period 2008-9. This is due to the fact that future applications cannot be predicted, whilst some applications have not yet been determined. However, taking preliminary figures from the end of 2007 there were a total of 1031 homes with outstanding permissions and an additional 739 homes were under construction. The detailed analysis of these gross numbers has yet been completed by the department and so specifics on the breakdown of 1 bedroom accommodation cannot be given at this time. However, looking at recent trends, approximately 40% of all new housing has been for 1 bedroom accommodation and 60% for 2 bedroom and above.

In the past the planning department has only applied a tenure mix policy to those sites which have been specifically zoned for Category A' housing, in order to ensure that the right type of need accommodation was being built. This mix had been based upon previous housing needs survey information and the requirements of the Housing Department for social rental accommodation. As stated above, for all private sector accommodation approved by the planning department, it is the market that has decided what tenure and size mix to apply to each individual site.

The review of the Island Plan will look into potential future policies that could address this situation, in order to encourage the private sector to apply suitable tenure and size mixes to new developments to more readily reflect identified demand.

14. DEPUTY G.P. SOUTHERN OF ST. HELIER TO THE MINISTER FOR HOUSING REGARDING HOUSING FOR OLDER PERSONS IN HOUSING NEEDS SURVEY 2007:

Question

Does the Minister accept the statement that "over the next five years there is a potential total demand for 305 older persons' housing units" on page 29 of the Housing Needs Survey 2007, along with potential supply of 125 units?

Does the Minister accept the findings expressed on pages 29 to 31 that this basic need for some 200 such units can be stretched by some second-order interpretation of hypothetical "inclination" rather than need?

Will the Minister explain to members why he has been insisting that he has a proven and urgent need for 400 such units? Does he still maintain his position, and if so, will he produce his evidence for members so that the assembly can properly assess this need?

Answer

Yes I do accept the statement which concludes that there is an overall indicated demand for some 305 older persons homes. The potential supply figure of 125 units, as is clarified later in the report is affected by two things; firstly the loss of 33 older persons units at Ann Court; and secondly the net loss over the next 10 years of 100 bed-sitter units as we progress with our refurbishment programme and they are either demolished or converted into more appropriate 1 bedroom life-long homes.

I do not accept that the findings on pages 29 to 31 of the report can be interpreted quite as loosely as the Deputy suggests. The findings on page 29 – 31 actually conclude that there are some 160 households who have expressed a latent but real need for older persons accommodation but did not indicate that they were planning to move on the basis that that sort of accommodation does not exist.

15. DEPUTY G.P. SOUTHERN OF ST. HELIER TO THE CHIEF MINISTER REGARDING HOUSING NEEDS SURVEY AND IMMIGRATION:

Question

1. Does the Chief Ministeracceptthatevenon a net nil migration scenario,thedatapresentedon page 15 of the Housing Needs Survey 2007 indicates that 42% of inward-migrants are J- category, accounting for 16% of housing demand in the owner/occupier sector, where a potential shortfall is clearly identified?

Answer

The findings of the Housing Needs Survey are fully accepted, including the profile of inward migrants and their expressed intentions with regard to property purchasing. It is worth noting that the profile of inward migration is based on the actual movement of respondents into the Island, while the profile of leavers is based on expressed intentions of respondents.

Question

2. With incoming J-cats outnumbering leavers by 2 : 1, and labour market figures showing net immigration of over 700 over the past 2 years, 250ofwhom are J-cats, what impact does the Chief Minister anticipate on house prices should this level of immigration continue?

Answer

As to house prices in Jersey, they are determined by the complex interaction of a whole host of factors that influence the level of demand and supply for housing. The sole effect of "j" category licences would be impossible to quantify in this interaction. Clearly the recent rise in house prices has been the result of a number of different factors including the strong economic performance that has led to significant growth in employment and earnings for local and non-local people alike. In addition the availability and cost of credit has been favourable in recent years for those taking out mortgages, although clearly this situation has changed more recently with the onset of the credit crunch. Confidence in the Jersey housing market has also been high given these trends and this has given a further fillip to housing demand.

Demand for housing from the existing population has also been rising as a result of natural growth in the population and a falling average household size due to factors such as the rising divorce rate and demographic changes. Inward migration will also add to demand in the Island but J category purchases make up a small proportion of the house purchases, 8% in 2007 and are not therefore a big influence on the overall level of house prices in the Island.

It is also by no means certain that the current level of inward migration will continue this year as our economic prospects are more uncertain with the onset of the credit crunch.

Question

3. Will the Chief Minister state whether he intends to take any action of the issue of immigration; if so, what measures, and if not, why not?

Answer

Currently the Island operates a system of controls which can be applied to restrict access to housing, being the Housing Law, and to employment, being the Regulation of Undertakings and Developments Law. These laws are together applied to manage inward migration by a single office, being the Population Office, and directed by a co-ordinated political grouping, the Migration Advisory Group. These are new developments introduced since Ministerial Government. In due course, these controls will be replaced by more refined migration controls as described in the consultation document with the first stage being to co-ordinate the necessary information and the second stage to manage migration. Nevertheless, the key question is always about how controls are applied, in order to secure a balance between economic growth and demand on our resources over the medium term.

16. DEPUTY G.P. SOUTHERN OF ST. HELIER TO THE MINISTER FOR SOCIAL SECURITY REGARDING BENEFITS FOR DISABLED PERSONS

Question

1. Will the Ministerconfirmthatthe additional benefits attachedto meeting the needs and costs of a disabled person in Household A given in his answer to question 3845 on 29th April, will be completely withdrawn when the annual household income exceeds £27,000?

Answer

The Deputy does not make it clear from his question as to the identity of household A.

On the assumption that the household that he is referring to is the household referred to in h(1) of the answer given on 29th April, namely

married couple, living in a one-bedroom states flat. One individual is disabled and receives the level 3 personal care component. The partner cares for the disabled person (rent of £143.50 pw)

Then

If the couple had an unearned income of up to £27,000 per annum (approx £520 pw), they would receive some Income Support.

If their income was all earned income they would be able to earn up to £30,600 per annum (approx £590 pw) and receive some Income Support.

Above these income levels, the couple would not receive Income Support, although if they were in receipt of benefits replaced by Income Support, they would receive protected payments for a number of years.

For comparison purposes, an individual working at the minimum wage for 40 hours per week would earn £232 per week (£12,064 pa). The average full time wage in Jersey is £580 per week or £30,160 per annum.

Question

2. Can the Minister inform members how many households will see such support withdrawn? Answer

There are 15 households, comprising a working age couple with one receiving the highest level personal care component living in rented accommodation and the other acting as a full time carer. Of these 3 have a total household income in excess of £27,000 per annum and are in receipt of transitional support for at least 4 years.

Question

3. Will the Minister explain why Invalid Care Allowance has been included in the income calculation for income Support?

Answer

Invalid care allowance has been included in the income calculations for income support in the same way as all other sources of income, including pensions and other contributory benefits. One of the issues identified with the previous system was the inconsistent treatment of income between different benefits. Under income support, all household income after disregards (with the exception of charitable income) is included in the calculation of benefit.

17. DEPUTY S. PITMAN OF ST. HELIER TO THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING ABSENTEEISM THROUGH SICKNESS WITHIN THE YOUTH SERVICES SINCE 2005:

Question

Would the Minister inform Members of the level of absenteeism within the Youth Service through sickness per year since 2005 and advise how much of this, if any, was stress-related?

Answer

The image part with relationship ID rId5 was not found in the file.

*Stress Related column is the % of time sick that was recorded as either Psychiatric or Mental Health (code 10) or Anxiety Stress Depression (code 13).

Please note it is the % of the sickness absence attributable to these Reasons not a % of working time.

The stress related figure for 2006 was generated by two members of staff.

This figure for Dec 07 does look low and this due to a long term sick member of staff leaving in Dec 06. Since this is only a small group of staff (about 16 FTE) any changes (such as long term sick staff leaving) can lead to large fluctuations in the figures.

In some cases the medical certificates only give the ailment code as the reason for sickness. Ailment  codes  have  been  developed  by  Social  Security  and  we  are  not  privy  to  the  code descriptions. Unless the line manager is aware of the staff member's reason for absence this has to be entered under "miscellaneous."

18. DEPUTY S. PITMAN OF ST. HELIER TO THE MINISTER FOR HOME AFFAIRS REGARDING  DETAILS  OF  WORKING  GROUP  OVERLOOKING  POLICE INVESTIGATIONS INTO HISTORIC CHILD ABUSE:

Question

Would the Minister provide details of the qualifications and experience of the individual members of  the  Working  Group  overlooking  the police  investigations  into  historic  child  abuse  police investigation and advise who appointed these individuals?

Answer

It is not correct to say that there is a working group overlooking the police investigation of the Historical  Abuse  Enquiry.  Rather,  in accordance  with  best  practice,  States  of  Jersey  Police commissioned an independent review of the investigation by a senior team of UK experts. The review team recommended that the Senior Investigating Officer follow best practice by appointing an Independent Advisory Group (IAG) of local people who could act as critical friends' during the enquiry.

Independent Advisory Groups came about in the aftermath of the Macpherson Enquiry into the death of Steven Lawrence. The concept underlying such groups is that they can advise the police on any specific community issues and concerns. The representatives sitting on the IAG can also be a conduit for any community concerns to be taken up and for reassurance to be given if necessary to others from the community that the investigation is thorough and appropriate. The role primarily is to advise as to culture and community sensitivities.

Where similar groups have been set up elsewhere, the selection has always been with the police consistent with the notion of the separation of powers. This is the case here.

The individual members of the Independent Advisory Group are:

Rev Geoff Houghton – Minister for Trinity church, Vice Dean

Carol Canavan – retired local lawyer

Kevin Keen – Businessman and Chair of Chamber of Commerce

Stephen Regal – Jewish council and advisor to States of Jersey Police on diversity Emma Martins – Data Protection Commissioner

The group has met regularly and the Senior Investigating Officer confirms that he values their support.

19. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT TO THE MINISTER FOR HOME AFFAIRS REGARDING PASSING OF ROUTINE INFORMATION TO MEDIA BY SoJ POLICE:

Question

Would the Minister advise members how frequently the States of Jersey Police produce press releases for the local media, the level of detail and the approximate quantity provided and approximately how many hours per week are employed in preparing this material?

Answer

The States of Jersey Police currently employs one full time civilian media and public information officer on a Civil Service grade 9.

It is the policy of the States of Jersey Police that press appeals should be as detailed as possible in order to bring witnesses forward and to be open with the media. Information is held back in a press release only if it operationally sensitive or confidential. It is hard to calculate the amount of time spent on this task per week as it fluctuates according to the number and type of incidents the Force attends but annual figures are given below.

In addition, the media relations officers' role includes maintaining the States of Jersey Police website and the production of community safety publicity. During an operational event the press officer is required to act as a "buffer" between the media and operational officers thereby enabling investigators to concentrate on their core task.

The press officer works Monday-Friday office hours and otherwise, on occasions, as directed. Out of hours media handling is dealt with by the Duty Officer, normally of Inspector rank.

The following statistics indicate recent levels of releases:

• In 2007 approximately 190 formal media releases were made. It should be noted that this total does not include individual email or phone replies to media which come in throughout the day. In 2007 the States of Jersey Police Press Office answered 6,494 calls directly and in addition responded to numerous messages.
• So far this year, the force has sent out 64 releases to the media, plus a further 50 relating solely to the ongoing Historical Abuse Enquiry.

20. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT TO THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING RECYLE OF SOLID WASTE:

Question

Would the Minister advise, with regard to solid waste, how high a percentage is possible to recycle before the residue becomes unsuitable for disposal by incineration?

Answer

For the purposes of this question it is assumed that the Deputy is referring to standard mass burn incinerators of a similar nature to those currently operating at Bellozanne.

The operation of a standard mass burn incinerator is designed around the energy content (Net Calorific Value - NCV) of the waste to be disposed of. The incinerator will be normally be referred to as being capable of processing "x tonnes per hour" at the specified NCV. The effect of changing the NCV of the waste will be to change the amount of waste that the incinerator can process which will increase or decrease the throughput in tonnes per hour depending on whether the NCV rises or falls.

Recycling has the ability to change the NCV of the waste being sent to the incinerator for processing. The removal of high Calorific Value (CV) arisings such as plastics and tyres will effectively lower the NCV of the residual waste, which will result in the incinerator being able to process a greater quantity (by mass) of waste. Conversely the removal of low CV arisings such as glass and wet green waste will increase the NCV of the residual waste and reduce the capacity (by mass) of the incineration plant.

From the explanation above it can be seen that recycling can and will have an effect on the amount of waste that an incinerator can process as recycling will not only reduce the quantity of residual waste, it will also influence the incineration plant capacity as the NCV varies. It is for this reason that mass burn incinerators are popular and successful as they can process waste over a range of NCV and can be run at a lower than specified capacity if required to do so. This flexibility is one of the reasons that mass burn energy from waste plants offer a robust solution against a changing waste arising.

In summary there is no definite answer to this question as providing that the waste is within the normal CV ranges of residual waste, an incineration plant can be turned down or ultimately switched off to cater for the input variations influenced by recycling. However it must also be emphasised that the maximum waste input to the incinerator cannot be exceeded

It is, therefore, very important to consider the recycling rate, NCV and maximum residual waste arisings when specifying the capacity requirements of an incineration plant.

21. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR TO THE MINISTER FOR HOME AFFAIRS REGARDING PHOTOGRAPHIC AND VIDEO MATERIALAT DEMONSTRATIONS: