States Meeting Transcript - 15/07/2008

STATES OF JERSEY OFFICIAL REPORT TUESDAY, 15th JULY 2008

QUESTIONS......................................................................................9

1. Written Questions........................................................................9

1. DEPUTY S.S.P.A. POWER OF ST. BRELADE TO THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING COSTS INCURRED BY THE JERSEY HERITAGE TRUST FOR THE AMPHIBIOUS VESSEL SERVICE TO ELIZABETH CASTLE:.................................................................9
2. DEPUTY S.S.P.A. POWER OF ST. BRELADE TO THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING CHARGES LEVIED BY AIRLINES AT JERSEY AIRPORT:.................................................................9
3. DEPUTY S.S.P.A. POWER OF ST. BRELADE TO THE CHAIRMAN OF THE COMITÉ DES CONNÉTABLES REGARDING THE CREATION OF A PARISH SOCIAL SECRETARY:................................................................11
4. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR TO THE CHIEF MINISTER REGARDING 1(1)(k) RESIDENTS:...................................................11
5. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR TO THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING THE USE OF THE GREENFIELDS PLAYING FIELD: ...................................................11
6. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR TO THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE ENABLING DEVELOPMENT' POLICY: ..........................................................12
7. THE DEPUTY OF ST. MARTIN TO THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE HUMAN RIGHTS STATUS OF THE DRAFT HOWARD DAVIS FARM (JESREY) LAW 200-:.....................................13
8. THE DEPUTY OF ST. MARTIN TO THE MINISTER FOR HOME AFFAIRS REGARDING THE HUMAN RIGHTS STATUS OF THE DRAFT CUSTOMS AND EXCISE (AMENDMENT NO. 6) (JERSEY) LAW 200-:..............................14
9. THE DEPUTY OF ST. MARTIN TO THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE HUMAN RIGHTS STATUS OF THE DRAFT MENTAL HEALTH (AMENDMENT NO. 2) (JESREY) LAW 200-:..................14
10. THE DEPUTY OF ST. MARTIN TO THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE HUMAN RIGHTS STATUS OF THE DRAFT SHIPPING (AMENDMENT NO. 2) (JERSEY) LAW 200-:............................15
11. THE DEPUTY OF ST. MARTIN TO THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE HUMAN RIGHTS STATUS OF THE DRAFT COMPANIES, TAKEOVERS AND MERGER PANEL (JERSEY) LAW 200-: .......16
12. THE DEPUTY OF ST. MARTIN TO THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE HUMAN RIGHTS STATUS OF THE DRAFT LIMITED PARTNERSHIPS (AMENDMENT) (JERSEY) LAW 200-:................16

13. THE DEPUTY OF ST. MARTIN TO THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE HUMAN RIGHTS STATUS OF THE DRAFT WATER (AMENDMENT NO. 3) (JERSEY) LAW 200-: ..............................16
14. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT TO THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING FUME EXTRACTION AT LIBERATION STATION:.........................................................17
15. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT TO THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE PROPOSED SUNKEN ROAD ON THE WATERFRONT:..........................................17
16. DEPUTY A. BRECKON OF ST. SAVIOUR TO THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE JERSEY TOURISM WEBSITE:..............18
17. DEPUTY A. BRECKON OF ST. SAVIOUR TO THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE 2007 FINANCIAL REPORT AND ACCOUNTS:..........................................................................19
18. DEPUTY G.P. SOUTHERN OF ST. HELIER TO THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE TAX RAISED FROM 1(1)(k) RESIDENTS:19
19. DEPUTY G.P. SOUTHERN OF ST. HELIER TO THE MINISTER FOR TREASURY AND RESOURCES REGARDING INCREASES TO INCOME SUPPORT TO COMPENSATE FOR G.S.T:...........................................................19
20. DEPUTY G.P. SOUTHERN OF ST. HELIER TO THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE ANNUAL G.S.T. REVENUE TARGET:....20

21. DEPUTY G.P. SOUTHERN OF ST. HELIER TO THE MINISTER FOR TREASURY AND RESOURCES REGARDING G.S.T. SAVINGS IN RESPECT OF MEDICAL SUPPLIES AND SERVICES:..........................................................21
22. DEPUTY G.P. SOUTHERN OF ST. HELIER TO THE MINISTER FOR SOCIAL SECURITY REGARDING THE IMPACT OF THE NEW INCOME SUPPORT SYSTEM:..............................................................................21
23. DEPUTY G.P. SOUTHERN OF ST. HELIER TO THE CHIEF MINISTER REGARDING THE POLITICAL ELIGIBILITY OF PUBLIC SECTOR EMPLOYEES: 22
24. DEPUTY G.P. SOUTHERN OF ST. HELIER TO THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE CONSTRUCTION OF ONE-BEDROOM FLATS IN THE ISLAND:..............................................................22
25. DEPUTY G.P. SOUTHERN OF ST. HELIER TO THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING G.C.S.E. BENCHMARKS:..23
26. DEPUTY A. BRECKON OF ST. SAVIOUR TO THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE NEW TOURISM OFFICES:..................24

2. Oral Questions...........................................................................24

1. Deputy R.G. Le Hérissier of St. Saviour of the Chief Minister regarding the establishment of a whistle-blowing office:..............................................24 Senator F.H. Walker (The Chief Minister):...................................................24

1. Deputy R.G. Le Hérissier: ..............................................................25
2. Senator S. Syvret:......................................................................25

2. Deputy G.C.L. Baudains of St. Clement of the Chief Minister regarding the Managing Director of the Waterfront Enterprise Board:...........................................25 Senator F.H. Walker (The Chief Minister):...................................................25

1. Deputy G.C.L. Baudains:...............................................................25
2. Deputy P.V.F. Le Claire of St. Helier : ..................................................26
3. Deputy S.C. Ferguson of St. Brelade : ..................................................26
4. Deputy G.P. Southern of St. Helier:....................................................26

3. Deputy K.C. Lewis of St. Saviour of the Minister for Treasury and Resources regarding the removal or lowering of the impôts duty on road fuel: ...............................26 Senator T.A. Le Sueur (The Minister for Treasury and Resources): ..........................26

1. Deputy G.P. Southern :..................................................................26
2. Deputy G.P. Southern :..................................................................27
3. Senator S. Syvret:......................................................................27
4. Deputy P.V.F. Le Claire: ...............................................................27
5. Deputy G.P. Southern :..................................................................27
6. Deputy K.C. Lewis :....................................................................27

4. Deputy S. Power of St. Brelade of the Minister for Housing regarding the number of (j) category residents exercising their right to buy (j) category accommodation in the years 2005, 2006 and 2007: ..................................................................28 Senator T.J. Le Main (The Minister for Housing): ............................................28

1. Deputy S.Power:.......................................................................28
2. Deputy P.V.F. Le Claire: ...............................................................28
3. Deputy C.J. Scott Warr en of St. Saviour:...............................................29
4. Deputy R.G. Le Hérissier: ..............................................................29
5. Deputy G.P. Southern :..................................................................29
6. Deputy G.P. Southern :..................................................................29
7. Deputy P.V.F. Le Claire: ...............................................................29

5. Deputy S.C. Ferguson of the Minister for Economic Development regarding the impact of the J.C.R.A.'s report on a 3rd supermarket in the Island: ............................30 Senator P.F.C. Ozouf (The Minister for Economic Development):............................30

1. Deputy S.C. Ferguson:..................................................................30
2. Deputy C.J. Scott Warr en: ..............................................................30

3. Deputy G.P. Southern :..................................................................31
4. Deputy R.G. Le Hérissier: ..............................................................31
5. Deputy G.P. Southern :..................................................................31

6. Deputy S.C. Ferguson:..................................................................32

6. Deputy G.P. Southern of the Minister for Treasury and Resources regarding growth of profits in the Financial Services Industry:..............................................32

2.6.1 Senator T.A. Le Sueur (The Minister for Treasury and Resources): ....................32

7. Deputy F.J. Hill of St. Martin of the Minister for Planning and Environment regarding the reconciliation of current planning considerations/restrictions with the agreed incinerator building: ....................................................................33 Deputy F.E. Cohen (The Minister for Planning and Environment):...........................33

1. Deputy C.J. Scott Warr en: ..............................................................33
2. Deputy G.C.L. Baudains:...............................................................34
3. Connétable A.S. Crowcroft of St. Helier:...............................................34
4. The Connétable of St. Helier:...........................................................34
5. Deputy P.V.F. Le Claire: ...............................................................34
6. Deputy S.C. Ferguson:..................................................................34
7. Connétable M.K. Jackson of St. Brelade:...............................................35

8. The Deputy of St. Martin:..............................................................35

8. Deputy R.G. Le Hérissier of the Minister for Transport and Technical Services regarding the costs associated with the bus texting service and the relocation of buses to the Albert Quay:...................................................................................35 Deputy G.W.J. de Faye of St. Helier (The Minister for Transport and Technical Services):...35

1. Deputy R.G. Le Hérissier: ..............................................................36
2. Deputy C.J. Scott Warr en: ..............................................................36

9. Deputy P.N. Troy ofSt. Brelade of the Minister for Health and Social Services regarding toxic emissions from the Bellozanne chimney: .........................................36

Senator B.E. Shenton (The Minister for Health and Social Services):.........................36

1. Deputy C.J. Scott Warr en: ..............................................................37
2. Deputy G.C.L. Baudains:...............................................................37
3. The Connétable of St. Helier:...........................................................37
4. Deputy P.V.F. Le Claire: ...............................................................38
5. Deputy P.N. Troy : ......................................................................38

10. Senator S. Syvret of the Attorney General regarding the electoral intentions of the Connétable s:............................................................................38 Mr. W.J. Bailhache Q.C., H.M. Attorney General:............................................38

1. Senator S. Syvret:....................................................................38
2. Senator S. Syvret:....................................................................39
3. The Connétable of St. Helier:........................................................39
4. Senator S. Syvret:....................................................................39

11. Deputy S.C. Ferguson of the Minister for Housing regarding properties owned by non- residents:...............................................................................39 Senator T.J. Le Main (The Minister for Housing): ............................................39

1. Deputy S.C. Ferguson:..............................................................40
2. Deputy S.C. Ferguson:..............................................................40
3. Deputy P.V.F. Le Claire:............................................................40
4. Deputy C.J. Scott Warr en:...........................................................41
5. Deputy G.P. Southern : ..............................................................41
6. Senator S. Syvret:....................................................................41

12. Senator S. Syvret of the Attorney General regarding investigations into possible child abuse offences at Victoria College during the 1990s:...................................42 The Attorney General:........................................................................42

2.12.1 Senator S. Syvret:....................................................................42

2.13. Deputy P.N. Troy of the Minister for Transport and Technical Services regarding the annual tonnage and toxicity levels of materials currently burned in the incinerator at Bellozanne:.............................................................................43 Deputy G.W.J. de Faye (The Minister for Transport and Technical Services): ................43

1. Deputy R.G. Le Hérissier:.............................................................43
2. Deputy C.J. Scott Warr en:.............................................................43
3. Deputy R.C. Duhamel of St. Saviour:..................................................44
4. Deputy K.C. Lewis : ...................................................................44
5. Connétable K.A. Le Brun of St. Mary:................................................44
6. Deputy P.V.F. Le Claire:..............................................................44
7. Deputy P.V.F. Le Claire:..............................................................45
8. Deputy P.N. Troy :.....................................................................45

14. Deputy G.P. Southern of the Minister for Planning and Environment regarding the Island Plan Review: Strategic Options green paper: ...........................................45 Senator F.E. Cohen (The Minister for Planning and Environment):...........................45

1. Deputy G.P. Southern : ..............................................................46
2. Deputy R.G. Le Hérissier:...........................................................46
3. Deputy R.G. Le Hérissier:...........................................................46
4. Deputy G.P. Southern : ..............................................................47

15. Deputy K.C. Lewis of the Minister for Transport and Technical Services regarding the repairs to the breach in the south coast sea wall: ........................................47 Deputy G.W.J. de Faye (The Minister for Transport and Technical Services): ................47

1. Deputy S.Power:....................................................................48
2. Deputy K.C. Lewis : .................................................................48

16. Deputy P.V.F. Le Claire of the Minister for Health regarding the updating of food hygiene laws:...........................................................................48

Senator B.E. Shenton (The Minister for Health and Social Services):.........................48 2.16.1 Deputy P.V.F. Le Claire:............................................................48

3. Questions to Ministers without Notice - The Minister for Social Security.............49

1. Deputy P.V.F. Le Claire: ...............................................................49 Senator P.F. Routier (The Minister for Social Security): ......................................49
2. Deputy K.C. Lewis :....................................................................49
3. Deputy G.P. Southern :..................................................................49
4. Deputy S.C. Ferguson:..................................................................50
5. Deputy G.P. Southern :..................................................................50

3.5.1 Deputy G.P. Southern :..................................................................50

6. Deputy S.C. Ferguson:..................................................................50
7. Deputy C.J. Scott Warr en: ..............................................................51
8. Deputy G.P. Southern :..................................................................51
9. Deputy I.J. Gorst of St. Clement:.......................................................52

4. Questions to Ministers without Notice .. The Chief Minister..........................52

1. Senator L. Norman: ....................................................................52 Senator F.H. Walker (The Chief Minister):...................................................52
2. Deputy P.V.F. Le Claire: ...............................................................52
3. Deputy C.J. Scott Warr en: ..............................................................53
4. Deputy J.A. Martin of St. Helier:.......................................................53
5. Deputy G.P. Southern :..................................................................53

4.5.1 Deputy G.P. Southern :..................................................................54

6. Deputy C.F. Labey of Grouville :........................................................54
7. Deputy S.C. Ferguson:..................................................................54

STATEMENT ON A MATTER OF OFFICIAL RESPONSIBILITY.........................54

5. Statement by Connétable D.F. Gray of St. Clement regarding the use of Members' facilities..................................................................................54

5.1 Connétable D.F. Gray (Chairman, Privileges and Procedures Committee):.............54

1. Deputy R.G. Le Hérissier: ..............................................................55
2. Senator M.E. Vibert :....................................................................55
3. Deputy D.W. Mezbourian of St. Lawrence : ............................................55

PUBLIC BUSINESS.............................................................................55

6. Vote of No Confidence: the Bailiff of Jersey (P.107/2008)..............................55

6.1 Deputy S. Pitman of St. Helier:.........................................................55

1. Deputy J.J. Huet of St. Helier : ..........................................................59
2. Senator F.H. Walker :...................................................................59
3. Deputy G.P. Southern :..................................................................60
4. Senator S. Syvret:......................................................................62

LUNCHEON ADJOURNMENT PROPOSED..................................................67 The Greffier of the States (in the Chair):......................................................67

LUNCHEON ADJOURNMENT................................................................67

PUBLIC BUSINESS (continued)................................................................67

5. Deputy S.Pitman:......................................................................67 The Greffier of the States (in the Chair):......................................................67

7. Social Security Tribunal: appointment of members (P.108/2008) .....................68

7.1 Senator P.F. Routier (The Minister for Social Security):................................69

1. Deputy R.G. Le Hérissier: ..............................................................69
2. Senator T.J. Le Main: ..................................................................69
3. Deputy G.P. Southern :..................................................................69
4. Senator S. Syvret:......................................................................69
5. Senator P.F. Routier: ...................................................................70

8. Draft Marriage and Civil Status (Amendment No. 2) (Jersey) Law (P.61/008)........71

1. Senator W. Kinnard (The Minister for Home Affairs):..................................71

1. Senator B.E. Shenton:..................................................................74
2. The Deputy of St. Martin:..............................................................75
3. Deputy C.J. Scott Warr en: ..............................................................76
4. Deputy R.G. Le Hérissier: ..............................................................76
5. Deputy S.C. Ferguson:..................................................................76
6. Deputy D.W. Mezbourian :..............................................................76
7. Senator P.F.C. Ozouf :..................................................................76
8. Senator W. Kinnard:....................................................................77 The Greffier of the States (in the Chair):......................................................77

2. Senator W. Kinnard:....................................................................77 The Greffier of the States (in the Chair):......................................................77
3. Senator W. Kinnard:....................................................................78
4. The Deputy of St. Martin:..............................................................78

1. Senator W. Kinnard:....................................................................79
2. Deputy G.C.L. Baudains:...............................................................80
3. Deputy R.G. Le Hérissier: ..............................................................81
4. Senator B.E. Shenton:..................................................................81
5. Deputy C.J. Scott Warr en: ..............................................................81
6. Deputy J.A. Martin:....................................................................81
7. Senator P.F.C. Ozouf :..................................................................82
8. Deputy A.D. Lewis of St. John : ........................................................82
9. Deputy I.J. Gorst : ......................................................................83
10. The Deputy of St. Martin : ...........................................................83 Mr. Timothy John Le Cocq QC., H.M. Solicitor General:....................................84 The Greffier of the States (in the Chair):......................................................84

5. The Deputy of St. Martin:..............................................................85

1. Senator W. Kinnard:....................................................................86
2. Deputy C.J. Scott Warr en: ..............................................................87
3. Deputy G.C.L. Baudains:...............................................................87
4. Senator P.F.C. Ozouf :..................................................................87
5. The Deputy of St. Martin:..............................................................88 The Greffier of the States (in the Chair):......................................................88
   6. The Deputy of St. Martin:..............................................................89 Senator P.F.C. Ozouf :........................................................................90 The Greffier of the States (in the Chair):......................................................90

1. Senator W. Kinnard:....................................................................90
2. Deputy S.C. Ferguson:..................................................................90
3. Deputy J.A. Martin:....................................................................90
4. Deputy C.J. Scott Warr en: ..............................................................91
5. Senator B.E. Shenton:..................................................................91 The Solicitor General:........................................................................91
6. The Deputy of St. Martin:..............................................................91

The Greffier of the States (in the Chair):......................................................91

7. The Deputy of St. Martin:..............................................................92

1. Senator W. Kinnard:....................................................................93
2. Deputy G.C.L. Baudains:...............................................................93
3. Deputy J.A. Martin:....................................................................93
4. The Connétable of St. Helier:...........................................................94
5. Senator P.F.C. Ozouf :..................................................................94
6. The Deputy of St. Martin:..............................................................94 The Greffier of the States (in the Chair):......................................................95

8. Senator W. Kinnard:....................................................................96 The Greffier of the States (in the Chair):......................................................96
9. The Deputy of St. Martin:..............................................................96

1. Senator W. Kinnard:....................................................................97
2. Deputy G.C.L. Baudains:...............................................................97
3. The Deputy of St. Martin:..............................................................97 The Greffier of the States (in the Chair):......................................................97

10. The Deputy of St. Martin:..............................................................98

1. Senator W. Kinnard:.................................................................99
2. Connétable J.L.S. Gallichan of Trinity : ..............................................99
3. Deputy C.J. Scott Warr en:...........................................................99
4. Deputy G.C.L. Baudains: ..........................................................100
5. The Deputy of St. Martin : ..........................................................100 The Greffier of the States (in the Chair):....................................................100

11. Senator W. Kinnard:..................................................................101 The Greffier of the States (in the Chair):....................................................101
12. Senator W. Kinnard:..................................................................102

1. Deputy G.W.J. de Faye: ............................................................102
2. Senator P.F.C. Ozouf : ..............................................................104
3. Deputy G.C.L. Baudains: ..........................................................104
4. The Deputy of St. Martin : ..........................................................104
5. Senator W. Kinnard:................................................................104 The Greffier of the States (in the Chair):....................................................105

STATEMENT ON A MATTER BY THE MINISTER FOR HOUSING.....................105

9. Statement by the Minister for Housing regarding the fire at Broadlands:...........106

9.1 Senator T.J. Le Main (The Minister for Housing): ....................................106

PUBLIC BUSINESS (continued)..............................................................106

10. Draft Customs and Excise (Amendment No. 6) (Jersey) Law 200- (P.54/2008): .....106

1. The Deputy of St. John (Assistant Minister for Home Affairs - rapporteur):...........106 The Greffier of the States (in the Chair):....................................................107 Deputy D.W. Mezbourian (Chairman, Education and Home Affairs Scrutiny Panel): .......107 Connétable K.P. Vibert of St. Ouen:........................................................107
2. The Deputy of St. John:...............................................................107 The Greffier of the States (in the Chair):....................................................107

11. Provision of land for lifelong dwellings (for people over 55) and first-time buyers: amendment to Island Plan (2002) (P.75/2008).........................................108

11.1 Deputy A.E. Pryke of Trinity (Assistant Minister for Planning and Environment - rapporteur):............................................................................108 Deputy P.N. Troy : ..........................................................................108

1. Deputy J.A.N. Le Fondré of St. Lawrence:.........................................112
2. Deputy J.J. Huet:...................................................................112
3. Senator P.F. Routier:...............................................................113
4. Deputy J.G. Reed of St. Ouen : .....................................................114
5. Deputy R.C. Duhamel:.............................................................114
6. Deputy J.A. Martin: ................................................................115
7. Deputy C.J. Scott Warr en:..........................................................117
8. The Connétable of St. Mary : .......................................................117
9. Connétable P.F.M. Hanning of St. Saviour:........................................118
10. Deputy K.C. Lewis :..............................................................119
11. The Connétable of Grouville :.....................................................119
12. The Connétable of St. Brelade : ...................................................120
13. Connétable S.A. Yates of St. Martin:.............................................120
14. Deputy D.W. Mezbourian :........................................................121

ADJOURNMENT PROPOSED................................................................122 Senator L. Norman: .........................................................................122

ADJOURNMENT..............................................................................122

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

QUESTIONS

1. Written Questions

1. DEPUTY S.S.P.A. POWER OF ST. BRELADE TO THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING COSTS INCURRED BY THE JERSEY HERITAGE TRUST FOR THE AMPHIBIOUS VESSEL SERVICE TO ELIZABETH CASTLE:

Question

Can the Minister confirm the overall invoiced costs to the end of June 2008 for the year 2008 for repairs, maintenance, parts and labour charges incurred by Jersey Heritage Trust to the ongoing running costs of the Charming Betty and Charming Nancy, billed by Deveau Commercials Limited, and any other sub-contractor, mechanic or repair facility hired by JHT for the maintenance of the above two named vessels/vehicles?

Answer

In replying to this question, I think it may be helpful to point out that my department is not responsible for operational matters within the Jersey Heritage Trust. Education, Sport and Culture has responsibility for funding the JHT and for maintaining proper governance arrangements but the Trust is an independent body. I published its recent report on amphibious transport to Elizabeth Castle because I judged that it raised important matters of principle about which members should be properly informed. However, this question does not raise a matter of principle: it concerns operational detail. It should properly be put to the Jersey Heritage Trust. However, on this occasion I have invited the Trust to provide the most up-to-date information available and I am advised that the maintenance costs for the year to the end of May amount to £15,270.

2. DEPUTY S.S.P.A. POWER OF ST. BRELADE TO THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING CHARGES LEVIED BY AIRLINES AT JERSEY AIRPORT:

Question

Is the Minister prepared to obtain information from the individual airlines operating out of Jersey Airport showing the charges levied by them under the following headings:

1. charges by airlines using a normal bank debit card;
2. charges by airlines using a normal bank credit card;
3. any other charges by airlines either per passenger, per passenger leg or per booking. Answer

Anyone purchasing an airline ticket online is subject to pay any credit card and debit card charges as set out by the individual airline. The practice of charging for debit and credit cards applies not just to services to and from Jersey but across airlines' networks in the UK and internationally.

With the exception of Blue Island Airways, charges are levied by all airlines operating to and from Jersey.

All airlines are obliged to display any charges incurred, including those of credit and debit cards, as well as additional charges such as name or itinerary changes. Therefore, the customer has the option to complete or abandon the transaction.

Further charges may be incurred by passengers wishing to make changes to a reservation post confirmation.  Debit  and  credit  card  charges  may  once  again  be  levied  over  and  above  any administration  charge  to  alter  the  booking.  Again,  charges  incurred  are  up  to  the  individual company and are not just restricted to airlines.

It is worth noting the practice of charging for debit and credit card transactions is not just limited to the airline industry, but is consistent with many policies adopted globally for online transactions.

Charges1 by airlines using a normal credit card

Note 1. Please note that the information detailed above is based on information provided by the individual airlines at the time of preparing this answer. The information can be viewed online on the individual sites. Jersey Airport takes no responsibility for any subsequent change to the costs as detailed.

3. DEPUTY S.S.P.A. POWER OF ST. BRELADE TO THE CHAIRMAN OF THE COMITÉ DES CONNÉTABLES REGARDING THE CREATION OF A PARISH SOCIAL SECRETARY:

Question

Would the Chairman undertake to ask the Comité des Connétable s to consider the possibility of having either a full-time or part-time social secretary or social committee within each Parish, to harness and maintain the vital link that exists between the Parish Hall s/Public Hall and those in need within a Parish so that the parochial knowledge that existed under the previous welfare system is not lost forever?

Answer

Yes, I will undertake to ask the Comité des Connétable s to consider the matter.

4. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR TO THE CHIEF MINISTER REGARDING 1(1)(k) RESIDENTS:

Question

Would the Minister describe the role of the Migration Advisory Panel in the granting of permissions to 1(1)(k) residents to reside in the Island?

Answer

The Migration Advisory Group exists to steer the new migration policies, and in the interim seeks to ensure consistency in the application and development of the existing Housing (Jersey) Law, 1949, and Regulation of Undertakings and Developments (Jersey) Law, 1973.

The Housing Minister is wholly responsible for the exercise of powers and duties under the Housing (Jersey) Law, 1949, including those in relation to the granting of consent to purchase or lease property, whether under Regulation 1(1)(k) or any other provision.

5. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR TO THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING THE USE OF THE GREENFIELDS PLAYING FIELD:

Question

Given the under-utilisation of the Greenfields facility, would the Minister agree to the sharing of the playing field with the adjacent housing estate?

Answer

Greenfields is a secure unit and young people who are there have recreation facilities in the Sports Hall and also on a Ball Court within the facility.

The field which has been developed is for use by pupils who are on the Alternative Curriculum. It has always been the intention that when the field is ready for use, it will be available for use by members of the local community in evenings, weekends and school holidays. The field has been sown and it is expected that it will be ready for use from late autumn.

6. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR TO THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE ENABLING DEVELOPMENT' POLICY:

Question

Following the approval of the Rural Economy Strategy on 19th July 2005, when the then Environment and Public Services Committee was requested to consider the possibility of enabling development' and to bring forward for debate appropriate recommended changes to the Island Plan, would the Minister state whether such changes will be brought forward for debate by the Assembly and explain the basis for recent decisions?

Answer

The Rural Economy Strategy was approved by the States on 19 July 2005 and introduced the concept of enabling development in support of the Island's agricultural industry, specifically aimed at aiding the recovery of the rural economy.

In adopting The Rural Economy Strategy in July 2005, the States agreed that the then "Environment and Public Services Committee should review current planning policies, with the aim of facilitating enabling or linked' development in the countryside, in order to ensure planning gains, environmental improvements and reinvestment in the rural economy, and bring forward for debate appropriate recommended changes to the countryside policies in the Island Plan."

Enabling or linked development is the term given to development of a site for purposes outside the landowner's principal business, with the capital so raised being used to fund the construction of facilities which will enhance business performance and/or have a positive environmental benefit. The underlying principles are that the financial gain should not exceed the cost of investment necessary, and that it should not be the automatic first resort' of rural businesses wishing to fund improvements.

Interim policy framework

When the policy was presented to me on the 4th February 2008, I raised concerns about the adoption of the strategy prior to the Island Plan Review. However the officer advice I received at that meeting still recommended the adoption of an interim policy on the basis that there were two long standing applications then pending involving the proposed strategy, the principle of which was established in 2005 by the adoption by the States of the Rural Economy Strategy.

Following this officer advice, I adopted Supplementary Planning Guidance (Planning Advice note 7 – Enabling Development) in February 2008 as an interim measure. This guidance note states that I will regard the States decision of 19 July 2005 as a material consideration in considering any linked enabling development applications. It provides an interim working framework to consider applications with the principle of linked or enabling development. The intention then was that the assembly would have the opportunity to consider a full policy in 2009 when the matter is brought back for debate as part of the Island Plan Review.

Island Plan Review

The ongoing Island Plan Review, scheduled for debate towards the end of 2009, will address the changes facing the Island's agricultural industry and the issues concerning the management of the Island's countryside, including Linked or Enabling Development. It will consider the necessary balance between economic stimulation and the conservation of the island's rural environmental and cultural heritage and will provide formal comprehensive policy guidance in response to this situation.

Planning applications

With the Supplementary Planning Guidance interim policy for Enabling Development in place, the Planning Applications Panel and I were able to approach the two long outstanding linked and enabling applications within carefully prescribed parameters. These relate to Woodside Farms (in St Peter and Trinity ) and Cowley Farm, St Saviour. At Cowley Farm, the enabling development which will deliver the funding is still being negotiated and no permit has yet been issued, nor will be until the specific enabling development has been agreed and a planning obligation agreement entered into. At Woodside (St Peter) the Planning Applications Panel has agreed a principle that up to a maximum of 10 dwellings can be erected on the site of the existing farmstead (which comprises a large shed, two bungalows, a reservoir and a number of Portakabins' used for staff accommodation). However, this application may be determinable within other existing planning policies. I have made it clear that should any enabling development consent be forthcoming the following principles should be applied:

1. The development value created should be the minimum required to deliver the investment in the farm unit and that this should be subject to independent audit.
2. The number of residential units created should be the minimum number to minimise the impact on the countryside,
3. In most cases development should be in the Jersey vernacular architectural genre.

Deputy Le Hérissier's comments

Members will be aware that Deputy Le Hérissier has questioned the validity of these decisions. I have therefore asked for advice from the Law Officers on this issue. As I promised Deputy Le Hérissier when he first raised this issue if the Law Officers advice supports his view and it is shown that the advice I was given was flawed I undertake to immediately suspend the interim policy, publicly consult on a policy and bring a Report and Proposition to the States as soon as possible.

7. THE DEPUTY OF ST. MARTIN TO THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE HUMAN RIGHTS STATUS OF THE DRAFT HOWARD DAVIS FARM (JESREY) LAW 200-:

Question

Will the Minister inform members which, if any, Convention rights are potentially affected by the draft Howard Davis Farm (Abrogation of Covenant) Law 200- and the reasons for his view that the provisions of that Law are compatible with Convention rights?

Answer

I have considered carefully all the advice I have received and accordingly have felt able to make the statement, pursuant to Article 16 of the Human Rights (Jersey) Law 2000, that the draft Howard

Davis Farm (Abrogation of Covenant) Law 200 is compatible with the Convention rights. I am not aware of any Convention rights which might give rise for concern in this instance.

Members will appreciate that the reasons for making a Ministerial statement of compatibility under the Human Rights Law is not that the Minister's view is determinative of what is a legal question, nor even that it is of any evidential value to a court in that respect. The provisions requiring the statement to be made is there to ensure that Ministers and their officials focus on the need to have regard to the Human Rights Convention in their promotion of legislation for consideration by the States and as a result to ensure that all necessary legal advice is taken.

It is against this background that the statement of compatibility has been made.

8. THE DEPUTY OF ST. MARTIN TO THE MINISTER FOR HOME AFFAIRS REGARDING THE HUMAN RIGHTS STATUS OF THE DRAFT CUSTOMS AND EXCISE (AMENDMENT NO. 6) (JERSEY) LAW 200-:

Question

Will the Minister inform members which, if any, Convention rights are potentially affected by the draft Customs and Excise (Amendment No 6 (Jersey) Law 200- and the reasons for her view that the provisions of that Law are compatible with Convention rights?

Answer

I have considered carefully all the advice I have received and accordingly have felt able to make the Statement of Compatibility, pursuant to Article 16 of the Human Rights (Jersey) Law 2000, that "the draft Customs & Excise (Amendment No. 6) (Jersey) Law 200- is compatible with the Convention rights."

Members will appreciate that the reason for making a Ministerial statement of compatibility under the Human Rights Law is not that the Minister's view is determinative of what is a legal question, nor even that it is of any evidential value to a court in that respect. The provision requiring the statement to be made is there to ensure that the Minister and her officials focus on the need to have regard to the Convention rights in their promotion of legislation for consideration by the States and as a result to ensure that all necessary legal advice is taken.

It is against this background that the Statement of Compatibility has been made.

9. THE DEPUTY OF ST. MARTIN TO THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE HUMAN RIGHTS STATUS OF THE DRAFT MENTAL HEALTH (AMENDMENT NO. 2) (JESREY) LAW 200-:

Question

Will the Minister inform members which, if any, Convention rights are potentially affected by the draft Mental Health (Amendment) No 2 Law 200- and the reasons for his view that the provisions of that Law are compatible with Convention rights?

Answer

I have considered carefully all the advice I have received and accordingly have felt able to make the Statement of Compatibility, pursuant to Article 16 of the Human Rights (Jersey) Law 2000. The amendment to the Mental Health (Jersey) Law 1969 does not deprive anyone of anything, nor curtail any person's rights in any way and is compatible with the Convention rights.

The Deputy will appreciate that the reason for making a Ministerial statement of compatibility under the Human Rights Law is not that the Minister's view is determinative of what is a legal question, nor even that it is of any evidential value to a court in that respect. The provision requiring the statement to be made is there to ensure that the Minister and his officers focus on the need to have regard to the Convention rights in their promotion of legislation for consideration by the States and as a result to ensure that all necessary legal advice is taken.

The Mental Health (Amendment No 2) (Jersey) Law 200- relates to the remuneration of Mental Health Tribunal members' fees and expenses, it is against this background that the Statement of Compatibility has been made.

10. THE DEPUTY OF ST. MARTIN TO THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE HUMAN RIGHTS STATUS OF THE DRAFT SHIPPING (AMENDMENT NO. 2) (JERSEY) LAW 200-:

Question

Will the Minister inform members which, if any, Convention rights are potentially affected by the draft Shipping (Amendment No 2.) (Jersey) Law 200- and the reasons for his view that the provisions of that Law are compatible with Convention rights?

Answer

I believe that no rights under the European Convention on Human Rights are affected by the amendment.

I have considered carefully all the advice received. Accordingly, I have confidence in the Statement of Compatibility, pursuant to Article 16 of the Human Rights (Jersey) Law 2000, that the draft Shipping (Amendment No 2.) (Jersey) Law 200- is compatible with the Convention rights.

Members will appreciate that the reason for making a Ministerial statement of compatibility under the Human Rights Law is not that the Minister's view is determinative of what is a legal question, nor even that it is of any evidential value to a court in that respect. The provision requiring the statement to be made is there to ensure that the Minister and his officials focus on the need to have regard to the Convention rights in their promotion of legislation for consideration by the States and as a result to ensure that all necessary legal advice is taken. It is against this background that the Statement of Compatibility has been made.

The changes are mainly concerned with raising the monetary amounts to which ship owners can limit their liability in the event of a maritime claim against them. The basic limitations are already imbedded in international maritime law and have not, to our knowledge, been subject to any Human Rights challenge.

Furthermore, 29 other jurisdictions, including the UK and the Isle of Man, have already implemented these changes and have not considered them incompatible.

11. THE DEPUTY OF ST. MARTIN TO THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE HUMAN RIGHTS STATUS OF THE DRAFT COMPANIES, TAKEOVERS AND MERGER PANEL (JERSEY) LAW 200-:

Question

Will the Minister inform members which, if any, Convention rights are potentially affected by the draft Companies (Takeovers and Merger Panel) (Jersey) Law 200- and the reasons for his view that the provisions of that Law are compatible with Convention rights?

Answer

The aim of bringing this draft law before the States is to place the Takeover Panel on a statutory footing which will provide firmer safeguards for investors in Jersey companies. The intention is that the body appointed will have the same powers in Jersey as it does in the UK. As a result the Law mirrors the UK Act closely. The UK Act has been declared to be Convention compliant by the UK parliament.

I took advice as the draft Law could potentially affect the Article 6 Convention right to a fair hearing, since the Panel will determine civil rights and has a power to impose sanctions, potentially including financial penalties. However, Article 12 of the draft Law provides safeguards in relation to hearings by the Panel, including a right of appeal to an independent body which removes any potential for incompatibility.

12. THE DEPUTY OF ST. MARTIN TO THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE HUMAN RIGHTS STATUS OF THE DRAFT LIMITED PARTNERSHIPS (AMENDMENT) (JERSEY) LAW 200-:

Question

Will the Minister inform members which, if any, Convention rights are potentially affected by the draft Limited Partnerships (Amendment) (Jersey) Law 200- and the reasons for his view that the provisions of that Law are compatible with Convention rights?

Answer

Based on the advice I received I believe that there are no human rights issues in relation to the draft law. My view is that the provisions in the Law are compatible with the Convention rights.

13. THE DEPUTY OF ST. MARTIN TO THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE HUMAN RIGHTS STATUS OF THE DRAFT WATER (AMENDMENT NO. 3) (JERSEY) LAW 200-:

Question

Will the Minister inform members which, if any, Convention rights are potentially affected by the draft Water (Amendment No 3) (Jersey) Law 200- and the reasons for his view that the provisions of that Law are compatible with Convention rights?

Answer

I have considered carefully all the advice I have received and accordingly have felt able to make the statement, pursuant to Article 16 of the Human Rights (Jersey) Law 2000, that the draft Water (Amendment No. 3) (Jersey) Law 200- is compatible with the Convention rights.

Members will appreciate that the reasons for making a Ministerial Statement of Compatibility under the Human Rights Law is not that the Minister's view is determinative of what is a legal question, nor even that it is of any evidential value to a court in that respect. The provisions requiring the statement to be made is there to ensure that the Minister and officials focus on the need to have regard to the Convention rights in their promotion of legislation for consideration by the States and as a result to ensure that all necessary legal advice is taken.

It is against this background that the Statement of Compatibility has been made.

14. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT TO THE MINISTER FOR TRANSPORT AND TECHNICALSERVICES REGARDING FUME EXTRACTION AT LIBERATION STATION:

Question

Would the Minister advise of the capital cost and annual maintenance of fume extraction from the new bus station?

Answer

There are eight number extract fans fitted in the new bus station. The fans cost £60,000 to install and were fully funded by the developer as part of the base build of Liberation Station.

Annual running costs are difficult to predict as the fans are activated by air quality sensors which only operate when air quality falls below specified standards. However, manufacturer's estimates of annual running costs are £5,000 per year.

15. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT TO THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE PROPOSED SUNKEN ROAD ON THE WATERFRONT:

Question

With regard to the proposed sunken road at the Esplanade Quarter, would the Minister advise whether the annual maintenance and running cost of the fume extraction equipment is budgeted for within the suggested £500,000 annual spend, and would he further advise whether the fumes will be filtered before release into the atmosphere and, if so, the annual cost of so doing?

Would the Minister further advise precisely where, and what height, the fumes will be released? Answer

The estimated energy and routine maintenance costs for the tunnel ventilation plant are included in the suggested figure of £500,000 per annum for the total operating costs for the tunnel.

There are no plans to filter the air exhausted from the tunnel. The pollution extract system will move the air through the tunnel prior to it being discharged at the tunnel portals. The air will not be filtered prior to discharge.

16. DEPUTY A. BRECKON OF ST. SAVIOUR TO THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE JERSEY TOURISM WEBSITE:

Question

Would the Minister give details of the arrangements for the website for Jersey Tourism, including:

1. whether a tendering process took place and if so, how, where and when it was advertised;

Answer

Seven companies who had been identified by the Department as being able to undertake the development work were invited to make a written submission for the jersey.com project. From the written submissions a short list of two, which consisted of a joint proposal from two local companies and one external company were invited to make a presentation to the selection team (which consisted of officials and the Chairman of the Tourism Development Fund) from which the final choice was made. Each of the finalists had previously undertaken successful on-line projects for the department.

Question

2. whether a Service Level Agreement exists with the existing operator; Answer

The project brief was to design and deliver a website to a given specification. The question of a Service Level Agreement does not arise as there is no ongoing maintenance arrangement for this work and it was always envisaged that this would be integrated with existing service contracts for other States web projects. There was of course a contract for the work carried out on the new website.

Question

3. for what periods, if any, the website has been inaccessible to the public and when;

The website was never unavailable as it was possible to revert to the former site immediately once the problems occurred with the new site. At no time was the jersey.com service unavailable.

Question

4. whether any compensation or reduction in payment has been or is being negotiated? Answer

The final cost to the States is the subject of ongoing negotiation with the contractor. The Chief Officer of the Economic Development Department, in full consultation with the Director of ISD is personally handling the negotiations.

I have asked for an independent report on lessons learnt.

17. DEPUTY A. BRECKON OF ST. SAVIOUR TO THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE 2007 FINANCIAL REPORT AND ACCOUNTS:

Question

In the 2007 Financial Report and Accounts (Creditors falling due within one year), Income Tax receipts in advance show £13,369,000 in 2006 and £22,847,000 in 2007 – could the Minister explain the reason for this increase of over £9 million?

Answer

Receipts in advance are largely payments made by ITIS payers (employed taxpayers) who are paying on a current year basis, i.e. they cannot be formally served with a Notice of Assessment to tax until the following year when their Income Tax Return is received. They are paying tax on a current year basis, as they earn their wages / salaries. The first year that this happened was 2006 and all 2006 new taxpayers' that year paid their current year tax rather than the previous years tax. In 2007, both 2006 new taxpayers' and 2007 new taxpayers' paid their current year tax, hence the increase of over £9 million.

This was one of the planned benefits of ITIS, and the extra interest to the States from improved cash flow was built into the predicted yield from the Fiscal Strategy approved by the States.

18. DEPUTY G.P. SOUTHERN OF ST. HELIER TO THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE TAX RAISED FROM 1(1)(k) RESIDENTS: Question

Would the Minister provide members with updated figures for the number of, and the tax raised from 1(1)(k) residents?

Answer

• The number of 1(1)(k) residents who were liable to Jersey income tax for the year of assessment 2006 is 135.
• The amount of Jersey income tax payable for the year of assessment 2006 both personally and through any companies, trusts or settlements in which they have a direct connection is approximately £8 million

19. DEPUTY G.P. SOUTHERN OF ST. HELIER TO THE MINISTER FOR TREASURY AND RESOURCES REGARDING INCREASES TO INCOME SUPPORT TO COMPENSATE FOR G.S.T:

Question

Following the Minister's response to question number 3981 of 1st July 2008, when he stated that the average sum allocated to compensate those on Income Support (IS) for GST would be £318 per annum, will he now advise how this figure has been derived, given that a first-order estimate of this sum (total GST payment £1.75 million/number of IS households 8,079) would be £217?

Answer

The figure of 8,079 households quoted by the Deputy refers to all households receiving income support or protected payments and includes individuals in residential care. The value of £318 per annum represents the average annual increase in components for the 5,327 households that are eligible for Income Support at present.

20. DEPUTY G.P. SOUTHERN OF ST. HELIER TO THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE ANNUAL G.S.T. REVENUE TARGET: Question

In answers given to members on 1st July 2008, the Minister advised that the yearly GST bill paid by the average household will be £626, but as this would only yield approximately £23 million if multiplied by the 37,500 households in Jersey, will he explain to members how he expects to reach the GST revenue target of £37 million excluding the finance sector?

Answer

The explanation is relatively straightforward, and the model used for the GST revenue projections has been in the public domain since early 2005. The Crown Agents final report issued in February 2005 provided the methodology, key assumptions, limitations and projected revenue yield for a simple GST system.

The report can be downloaded from http://www.gov.je/TreasuryResources/Tax/Tax Proposals.

This first model has been revised and refined each year since to take into account any changes in tax liability (approved by the States) and the availability of more relevant/recent data. It can be seen that the total GST yield is derived from a number of sources and not just the two (domestic consumption/households and financial services industry) that have been identified above.

This is perhaps easier to understand from the illustration below:-

Estimated GST Yield (£ million)

visitor expenditure £6.8

irrecoverable input tax £3.1

financial services £8.0

household consumption £23.2

This current model shows an estimated total GST yield of £41.1 million and takes into account the most recent data available from the Income Tax Office (2006 reported incomes) and the Tourism Department (2007 visitor expenditure).

I should add that the original estimate of between £40 – 45 million which was based on the simple GST design concept has been adjusted to take into account a reduction of the tax base as a result of further exclusions (mainly exemptions) which have subsequently been debated and approved by the States.

21. DEPUTY G.P. SOUTHERN OF ST. HELIER TO THE MINISTER FOR TREASURY AND RESOURCES REGARDING G.S.T. SAVINGS IN RESPECT OF MEDICAL SUPPLIES AND SERVICES:

Question

Will the Minister inform members how much GST the average household will be saved as a result of the exemption on medical supplies and services?

Answer

When the issue of excluding medical services and products was first proposed in 2006 (under Proposition 86/2006) I provided in my report an estimate of the total revenue likely to be lost. This estimate in October 2006 was £800,000 per annum and I also stated that the impact on voluntary compliance and cost of administration would in each case be low.

Based on the current exclusions in the GST Law under Schedule 5 that relate most closely to the description of supplies you have provided above the total annual revenue loss would be in the region of £700,000. Using the latest adjusted household expenditure figures the estimate of GST saved by the average household will be around £19 per annum.

22. DEPUTY G.P. SOUTHERN OF ST. HELIER TO THE MINISTER FOR SOCIAL SECURITY REGARDING THE IMPACT OF THE NEW INCOME SUPPORT SYSTEM:

Question

Will the Minister agree to release the raw anonymised data to the Income Support scrutiny panel to enable further analysis to be undertaken to assess the impact of Income Support on the delivery of benefits to recipients, particularly in terms of After Housing Costs disposable incomes?

Answer

The analysis of raw Income Support data is a specialist task requiring detailed knowledge of the architecture of the data base and the rules surrounding the storage of data.

If the Scrutiny sub panel wish to appoint a specialist advisor to undertake this work, the department will make available the necessary anonymised raw data files.

23. DEPUTY G.P. SOUTHERN OF ST. HELIER TO THE CHIEF MINISTER REGARDING THE POLITICAL ELIGIBILITY OF PUBLIC SECTOR EMPLOYEES:

Question

Does the Chief Minister consider it to be a discriminatory condition of employment that a "politically eligible" States employee could be permitted to campaign for a candidate other than himself using normal holiday entitlement but is not able to do so under the same conditions if standing for election himself and, if so, will he seek to get this rule changed to better deliver the spirit in which the eligibility rules were recently liberalised?

Answer

There is clearly a significant difference between someone who campaigns for another person who is seeking election to the States and someone who is actually standing for election.

Under the relevant regulations, a "politically eligible" States employee is required to take unpaid leave of absence from the date of his/her official nomination until the election is over. I have been advised that this requirement does not contravene any other legislative provision.

In the United Kingdom Civil Service, employees, even those classified as "politically free," are required to resign from their employment if they wish to stand for election to Parliament. In UK Local Government employees who wish to stand for election to the Authority for which they work in paid employment are normally required to resign before they do so. We have stopped short of that requirement but nevertheless require such employees to take unpaid leave of absence when electioneering in order to avoid any conflict of interest (whether real or perceived).

24. DEPUTY G.P. SOUTHERN OF ST. HELIER TO THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE CONSTRUCTION OF ONE-BEDROOM FLATS IN THE ISLAND:

Question

Will the Minister inform members what number of (under 55) one-bed flats are under construction or have planning permission for 2008 and 2009, given that this was an area identified as over- supplied in the most recent Housing Needs Survey?

Answer

Unfortunately, at this time, the requested information on 1-bedroom units either under construction or with planning permission is not readily available and the provision of accurate figures would require recourse to original source material. This would involve considerable time and resources. The required figures will, however, be made available to States Members as soon as possible.

The 2007 Housing Needs Survey, and the resulting assessment of needs, states that there is predicated to be, in five years time, a potential surplus (supply over demand) of 1-bedroom units, in most qualification and tenure categories, based on a nil net migration scenario and the current 12- year housing qualification rule. It estimates that this overall potential surplus of 1-bedroom units will be above 1,300 units and that some 65% of these (890 units) will be in the qualified private rental sector, with most of the remainder being in the non-qualified sector.

It is important to note that the 2007 Survey does not say that there is at present over-supply of 1- bed flats.

The potential surplus is based on predications, that might or might not actually materialise. It is driven in large part by potential supply from existing private rental units in the qualified and non- qualified sectors, which would be released by occupiers wanting to move into the owner-occupied sector, or moving to larger homes in the rental sector. This reflects the aspirations of some 2,270 such households at the time of the 2007 Housing Needs Survey. These aspirations represent a snapshot in time and may well change in response to changing economic and social circumstances over the next few years. Furthermore, the potential surplus of 1-bedroom units is dependent on the complementary availability of larger accommodation so that the households in question can move in.

As Minister for Planning and Environment, and primarily through the Island Plan Review process, I will seek to ensure that an adequate supply of suitably  located  land is available to meet the requirements of Island residents over the next 5 years and beyond. This will include providing opportunities to allow for addressing identified potential shortfalls in 2-, 3- and 4-bedroom owner- occupied dwellings.

I  am, of course,  able to  directly  influence the  number, type and size of housing  units to  be developed on States' owned land and sites specifically zoned for Category A housing purposes. However, the largest proportion of new housing units come forward (and will continue to come forward) on private windfall' sites, as part of the normal planning application process. In such circumstances, the size of the units proposed is essentially dictated by the private market. As Members know, we are considering, within the Island Plan Review process, ways in which the Minister can ensure there is a better fit', by type and tenure, between housing demand and the supply of homes.

Clearly, if we are to ensure that the Island's housing needs are being met, we must continue to carefully monitor and review the housing situation at regular intervals and respond to changes in circumstances as necessary. The present Planning for Homes' process, overseen jointly by the Minister for Housing and myself, has been established to help achieve these ends. It is presently anticipated that the next Planning for Homes' document will be released in the first quarter of next year.

25. DEPUTY  G.P.  SOUTHERN  OF ST.  HELIER  TO THE  MINISTER  FOR EDUCATION, SPORT AND CULTURE REGARDING G.C.S.E. BENCHMARKS: Question

Will the Minister inform members what comparative figures he has to show student performance in Jersey and UK benchmark authorities in terms of:

Grades A – C in 5 or more GCSEs excluding English and Maths Grades A – C in 5 or more GCSEs including English and Maths? Answer

GCSE

% Passing 5+ A* to C disregarding  Math  & Eng

% of  entries  achieving 5+ A* to C inc Math & Eng

26. DEPUTY A. BRECKON OF ST. SAVIOUR TO THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE NEW TOURISM OFFICES:

Question

Is the Minister aware that P.22/2005 relating to the relocation and lease of the new Tourism Office states that the "relocation of Jersey Tourism into the new offices to be carried out at nil expense to the Public" and, if so, would he give details of how the one-off costs of £325,000' were incurred as outlined on page 8 of the Financial Report and Accounts for 2007'?

Answer

The move to the new offices at Liberation Place was completed in October 2007, and resulted in two sections of the Economic Development Department, Tourism and the Regulatory Services Directorate being relocated in the new building. Subsequently, the Ministerial and Chief Officer's Secretariat moved into the building.

The combined rental for the new building, storage facilities in St John, and 3 parking spaces for States owned vehicles located in the Waterfront car park remains at £109,300 which is the same rental paid for the previous Tourism building in Liberation Square.

The negotiated cost for the move as stated in the Report P.22 / 2005 referred to the rental and base costs. In the intervening period between the original agreement in 2002 and 2007 there were changes to the business operation of which account needed to be taken in the final fit out. The cost of these tenant variations, new furniture for each of the four floors, new retail display units for the retail area, internet access units, blackout blinds, AV systems and fees associated with the project management of the move comprised the one off cost outlined on page 8 of the financial reports and accounts.

As a consequence of the move, at nil rental increase, Jersey Tourism has a State of the Art office building comprising 6,650 square feet at a rental of £16.43 per square foot, which is significantly below current market value.

2. Oral Questions

1. Deputy  R.G.  Le  Hérissier  of  St. Saviour  of  the  Chief  Minister  regarding  the establishment of a whistle-blowing office:

Following his response to a question on 11th March 2008, does the Chief Minister intend to bring legislation establishing a whistle-blowing office to the Assembly and, if so, when?

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

In my response to Deputy Le Hérissier in March I said that my department's Business Plan for 2008 includes an assessment of the need for an independent person or agency to receive approaches from persons raising serious concerns. I can confirm that work is progressing on the review of the policy on reporting serious concerns to ensure that the avenues for raising those concerns within the Civil Service reflect best practice and provide a timely response for resolution of issues. Work is also continuing on the consideration of whether the several avenues whereby members of the public can raise concerns about serious issues are adequate. I have today published Professor Robert Upex's report which contains some useful information which needs to be considered in the formulation of an effective approach to whistle-blowing. I intend to publish a report to the States at the start of the next session which will contain a proposal to improve the way such matters are handled. In my response to Deputy Le Hérissier in March I said that I could not give a specific answer to the question of the date that proposals will be brought to the States as that presupposes that the outcome of the assessment would be that such proposals are necessary. My response has not changed and, therefore, I cannot confirm that legislation will be brought to the Assembly to establish a whistle-blowing office, nor can I at this stage confirm the timescales.

1. Deputy R.G. Le Hérissier:

Would the Minister confirm, in light of his answer of 11th March, that the work will be completed in July 2008 and, secondly, Sir on a scale of one to 10 - 10 being very enthusiastic - where does his feeling lie for this office?

Senator F.H. Walker :

I cannot answer the second part of the question because I do not have all the information as yet, but I can confirm that the work will be completed in July and, as I said in my answer to the question, I would propose to put a paper to the States in September.

2. Senator S. Syvret:

I have given notice to the Greffier and a draft proposition that I am going to be tabling which will ask the agreement of the Assembly to introduce a U.K. (United Kingdom) type Public Interest Disclosure  Act. Will the Chief Minister give his assurance that he will consider this matter carefully?

Senator F.H. Walker :

Without giving any assurance as to the final decision upon it, yes, I will give that assurance.

2. Deputy G.C.L. Baudains of St. Clement of the Chief Minister regarding the Managing Director of the Waterfront Enterprise Board:

Would the Chief Minister state whether he continues to have confidence in the Managing Director of the Waterfront Enterprise Board.

Senator F.H. Walker (The Chief Minister): The answer is yes I do.

1. Deputy G.C.L. Baudains:

Can the Chief Minister then confirm that he was satisfied with the situation this Assembly found itself in during and following the debate on the Waterfront because was that not a result of the information supplied by the Managing Director?

Senator F.H. Walker :

Yes, Sir, I have already made reference to that on more than one occasion in this House and at public meetings elsewhere. There was an issue with the Managing Director of W.E.B. (Waterfront Enterprise Board). He did not give me the information he should have done at that time for which he has since apologised. But the reason I can say I retain confidence in him is because he has done, in my estimation, a thoroughly good job in the work that W.E.B. has put in to the preparation of the Masterplan for the Waterfront. His contribution has been significant. It continues to be significant. I would prefer to judge him on his continuing work on behalf of the Island in that respect than on one, albeit serious, slip.

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

We have not heard or at least I have not heard any news yet about the position of the Chairman in respect of these recent developments. Could the Chief Minister update us please?

Senator F.H. Walker :

Discussions are continuing. I would hope to be in a position to inform Members of the planned position in the very near future.

3. Deputy S.C. Ferguson of St. Brelade :

I wonder if the Chief Minister could tell us who in fact owns the copyright of the Masterplan to the Waterfront?

Senator F.H. Walker :

It is not a question that would normally  be directed to me but  my understanding  is that the copyright to the Masterplan is owned by the Minister for Planning and Environment on behalf of the States.

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

Yes, Sir, I am interested to hear the words "planned position" with respect to the Chairman of the Waterfront Enterprise Board. Was the Minister not instructed to inform W.E.B. that the Chairman was sacked forthwith?

Senator F.H. Walker :

The Deputy has misunderstood my answer. The Chairman has gone. There is no question about that. I interpreted the question of Deputy Le Claire as being what is happening next and who will be the next Chairman of W.E.B. to which I do not yet have an answer, but the previous Chairman has left the office.

Deputy G.P. Southern : All is clarity.

3. Deputy K.C. Lewis of St. Saviour of the Minister for Treasury and Resources regarding the removal or lowering of the impôts duty on road fuel:

Further to his response to an oral question on 1st July 2008, would the Minister consider removing or lowering the impôts duty on road fuel to prevent transportation and food prices rising still further?

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

It is my duty each year as Minister for Treasury and Resources to review the level of all duties and taxes as part of the annual budget process. In doing so, I have to weigh up the revenue needs of the Island against the economic, social and other implications of all such taxes. An example in recent years has been the policy of above average increases in tobacco duty to dissuade people from smoking although that may well have an adverse revenue effect as purchases decrease. As I indicated in the previous reply, any reduction in fuel prices is probably best achieved by freezing or reducing the level of duty applicable. I will, therefore, be examining fuel duty along with other such taxes at the time of the budget. I would, however, remind Members that we already have made provision through Income Support to protect those on lowest incomes and the scale of those benefits has also been under regular review.

1. Deputy G.P. Southern :

Will the Minister for Treasury and Resources please inform Members what estimates he does have now for the March 2009 R.P.I. (Retail Price s Index) figures; the figures that will reflect the impact of G.S.T. (Goods and Services Tax) on the annual R.P.I. changes?

Senator T.A. Le Sueur :

The rate of inflation seems to be a constantly moving matter. At the present time I have no realistic estimates of the R.P.I. at March 2009 or any other future date.

2. Deputy G.P. Southern :

In that case will the Minister hazard a guess that it will be more or less than 5 per cent? Senator T.A. Le Sueur :

Any guess I hazard, Sir, would be totally meaningless and would simply perhaps give a false sense of credibility. I leave much of the R.P.I. to the Statistics Unit who are far more competent at these matters than I am.

3. Senator S. Syvret:

Will the Minister instead agree with me that the tax on transport fuel or motoring fuel should not in fact be reduced? We are entering an era where the cost of motoring is invariably going to rise and the most painless thing we could do is to try and wean society off of it to some extent.

Senator T.A. Le Sueur :

As I  have said, Sir,  it is part of the duty of a Treasury Minister  to  balance up the revenue implications of duties on fuel against the social and economic and environmental impacts of such taxes. I take on board very much what Senator Syvret says about dissuading the excess use of carbon fuels and that will be one factor influencing my decision as to what level of duty to recommend in the budget.

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

The duty on fuel would be ideally placed in many people's views towards an environmental tax. What proposals in the future will the Minister for Treasury and Resources make in this regard in transferring this duty into a set-aside environmental tax?

Senator T.A. Le Sueur :

We have just published the Business Plan today and Members will see the difficulty we have in achieving our desires within the spending envelope we have been permitted. Any transfer to the duty revenues through environmental taxes will reduce the money available for other services. If the Deputy is suggesting that we increase fuel duty and apply that money to environmental taxes that is a different proposition which again can be considered at the due time in the overall context of environmental taxes.

5. Deputy G.P. Southern :

In the light of the recent publication of the Business Plan 2009, will the Minister agree to seek estimates of the inflation rate for March 2009 from the Stats. Department in order that we may see how much of a cut in our quality of living most people in the Island are about to take?

Senator T.A. Le Sueur :

I can certainly ask the Statistics Unit to do that work, Sir, but as I say it is such a constantly moving target that it is not really particularly productive.

6. Deputy K.C. Lewis :

My reference to the price of road fuel, Sir, was not to encourage more people to use their cars but its consequential knock-on effect to food prices. Does the Minister not agree that this must be kept as low as possible?

Senator T.A. Le Sueur :

As I have said on a couple of occasions this morning, Sir, it is a matter of balance. While I appreciate that the impact of transport costs does impact on fuel prices, that has to be weighed-up against other considerations. That balance will be struck and Members will have the chance at the time of the budget debate to put an alternative point of view.

4. Deputy S.PowerofSt.Brelade of theMinister for Housing regardingthenumberof(j) category residents exercising their righttobuy(j)categoryaccommodationintheyears 2005, 2006 and 2007:

Can the Minister confirm how many (j) category residents have exercised their right to buy (j) category accommodation in the years 2005, 2006 and 2007 following changes to housing policy allowing them the right to buy property in Jersey immediately?

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

Yes, Sir, housing policy was not changed to introduce the right to buy. What has taken place is a change in administrative practice whereby employers are no longer compelled to buy a property for their employee with the employee then paying the mortgage and profit from the sale of the property. Instead the employee can now buy a property through their own holding company. This new practice more closely reflects the reality of private arrangements and reduces the burden on employers. As such it is also an element in encouraging the most skilled workers in Jersey supporting economic growth. The figures are as follows. In 2005, 1,700 purchase consents were issued of which 84 were for (j)s. In 2006, 2,000 purchase consents were issued of which 149 were for (j) s. In 2007, 1,900 purchase consents were issued of which 138 were for (j)s. Sir, it would be fair to say that numbers of (j)s purchasing has increased but they still remain a minority with over 90 per cent of properties being purchased by locals. Furthermore, the main reason for more (j)s purchasing is that more exist because of recent economic success and the expansion of public sector provision, and I say this, in particular; health and social services, healthcare, private residential care for the elderly and home care.

1. Deputy S. Power:

Does the Minister have any concerns about the effect the purchase of 371 houses in Jersey by (j)s and does it affect the price of housing in the Jersey market? Does he have any concerns?

Senator T.J. Le Main:

No, Sir, the average price I am trying to find but I think the average price at the moment for (j)s in 2008 is just under £700,000. We keep an eye on purchase prices, et cetera, but certainly any market competition does, I suppose, have an element of affecting the market but we do not believe in these cases this materially affects, as 90 per cent of the purchasers are still local people.

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

The answers that the Minister gave us were interesting. I just do not know what the first numbers exactly mean: "Purchase consents issued." In 2005, 1,700; 2006, 2,000; 2007, 1,900. Could the Minister for Housing please explain exactly what they are, and if they are just houses being sold in general could he tell us if he has any information about the mean prices of those, given that he has given us the mean prices of (j) category?

Senator T.J. Le Main:

The purchase consents are consents in a person's name by either purchasing a property, allowed to buy property in a company name, or purchasing a flying freehold property.

3. Deputy C.J. Scott Warr en of St. Saviour :

Will the Minister accept that there is some pressure on house price inflation because the (j) category people who have purchased houses in the last 3 years have not had another house to sell, therefore, they have been coming out of rented accommodation straight to buying a property? Can the Minister see that is causing house price inflation?

Senator T.J. Le Main:

Yes, of course there is an issue there but at the end of the day this Island is in a very fortunate position. We have been able to increase the funding considerably for health and social services. We have expanded our residential and home care for the aging population on this Island. We have a huge workforce and issue with family nursing and places like that. We found that by increasing the services provided for the people of Jersey that we have to bring specialised people. The issue is quite honestly that if you want increased and better healthcare and if you want economic success then the issue is that we need the skills to go with it. Yes, the issue is at the moment there are not enough homes in the marketplace generally to meet the needs and aspirations of a lot of people.

4. Deputy R.G. Le Hérissier:

Would the Minister identify, although he has given the average, in which particular sector of the market the (j)s are most active in buying properties? Which sector of the market?

Senator T.J. Le Main:

It is quite a mixture, Sir. Surprisingly there are quite a lot of (j)s in homes and apartments. It is quite a mixture at the moment but the majority of the (j) cats. are buying in the very high prices in the market on houses.

5. Deputy G.P. Southern :

Will the Minister confirm that he now accepts that the impact of (j) cats does have on house prices? Will he also confirm that while the average price might be £700,000 plus, that that reflects significant numbers below that around the £500,000 mark?

Senator T.J. Le Main:

No, Sir, I do not. As I say, it is a minimal impact on the market because the Deputy seems to know better all the time, Sir. He is always right of course. But the figures are quite clear. It is under 10 per cent of (j)s buying in the marketplace; 90 per cent still purchase. The majority of the homes are being sold well over the £500,000 mark.

6. Deputy G.P. Southern :

A supplementary if I may, Sir. Does the Minister not accept that any increase in demand without an increase in supply causes house price inflation?

Senator T.J. Le Main:

The Deputy does not listen. I said that a minute ago that, yes, any competition in the marketplace whether it be (j)s or otherwise or loads of young people getting married and leaving school, if you do not have enough supply in the marketplace it will cause some disruption. We are looking forward that the new Island Plan that has been proposed will identify and be able to put into the marketplace, as we hope, many more homes in the next few years.

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

The numbers that came out this morning which the Minister for Housing has given us may be of interest to Members generally. Would he be willing to share any information and detail he has in relation to those answers, particularly in relation to the purchase consents and the breakdown of those in the larger categories? Just as a piece of information for those of us who do not understand - we do not always know everything unlike some people - when somebody buys a flying freehold and they buy a flat in the middle of a building, what happens to the ownership when the building is knocked down? How do you sell on or own something that is no longer there?

Senator T.J. Le Main:

I do not understand that question at all, Sir. I do not know if anybody else did but I certainly do not. But all I can say is that I have and I continue to offer officers to work with Members. If any Members such as Deputy Le Claire would like some information on some of the figures here then they are more than welcome to go to the department, but I am not prepared to release figures that could compromise or, in fact, that would effectively identify individuals.

5. Deputy S.C. Ferguson of the Minister for Economic Development regarding the impact of the J.C.R.A.'s report on a 3rd supermarket in the Island:

Will the Minister explain what  level of importance he is attaching to the report on the third supermarket by the J.C.R.A. (Jersey Competition Regulatory Authority) in view of the criticism by the Jersey Chamber of Commerce?

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

The J.C.R.A. was set up to perform the important duties of the role of a Competition Commission and Office of Fair Trading, outlawing for the first time price-fixing and anti-competitive behaviour. Their reports are published, transparent and evidence based. Their report on a third supermarket operator or rather a retail issue focused on consumer welfare and economic considerations. The original retail strategy underpinning that was promoted by the former committee. I think there is a misnomer, Sir, that the reason was that we were seeking out a third supermarket operator. That is not the case. We have had applications under Regulation of Undertakings and Development for a new supermarket and they must be determined under the law. J.C.R.A. advice is one issue which we factor into our considerations. Others are economic matters, inflation, allocation of scarce resources having regard to environmental and planning issues, competition. I would say that the Chamber of Commerce, while being respectful of them, are a business lobby. They are promoting the interests of their shareholders. This Assembly and I need to have regard to that but also consumer welfare too.

1. Deputy S.C. Ferguson:

Is the Minister aware of the flaws in the J.C.R.A. report? They have based their comparison on the results of a local company - and I have the accounts - showing that company is losing money, has been for some years, does not pay a dividend, is geared up to the hilt and is trading on a gross margin of 0.6 per cent. Does the Minister still consider that this is a valid successful company that is a useful comparison for Jersey?

Senator P.F.C. Ozouf :

I am not going to comment on the accounts of a company in the Isle of Man but certainly I have reviewed that situation and I will repeat to the Deputy that the J.C.R.A. report is one factor that shall be taken into account. The Isle of Man market is a relevant market but I would repeat to the Deputy ; where is she getting her information from? Is she getting it from the lobby business community within Jersey who are going to be arguing naturally against competition? We need to balance the issues of our economy and consumers. Is there an issue with food and grocery prices in Jersey? Yes, there is and I hope she would agree.

2. Deputy C.J. Scott Warr en:

Does the Minister still favour a third major supermarket and, if so, could he give Members his reasons?

Senator P.F.C. Ozouf :

That is an incredibly important question. I would remind the Deputy that I am faced with needing to discharge my duty as an Economic Development Minister in determining applications for new supermarkets in the Island. I have confirmed to the Assembly we have had applications from French supermarkets and interest from the U.K. too. I must determine those but what I believe is that we need a competitive marketplace. I do think that we need a discount supermarket. There is much talk in the U.K. with rising food costs about the need for buying cheaper groceries, et cetera. That is the one that I particularly favour. There is still an ongoing debate to be had about the benefits of a big third supermarket on an existing site or otherwise.

3. Deputy G.P. Southern :

Does the Minister not accept that the narrowness of the terms of reference that he set the J.C.R.A. rendered their report virtually useless?

Senator P.F.C. Ozouf :

I am astonished by Deputy Southern 's comments in this regard. Deputy Southern purports to stand in this Assembly and represent the less well off and those people less fortunate than others.

Deputy G.P. Southern : Will he answer the question? Senator P.F.C. Ozouf :

Those members of the community are currently suffering, as other people around the world, rising food prices. Does he not want to join with me in trying to find a policy to ensure that our community can make their money go as far as possible by buying affordable household goods and food? Would he not want to agree in a constructive debate about this with me?

4. Deputy R.G. Le Hérissier:

On a scale of one to 10 [Laughter] - with 10 being very enthusiastic - would the Minister lay his cards on the table and tell us what his degree of enthusiasm is for a third supermarket?

Senator P.F.C. Ozouf :

It depends on the definition of a third supermarket operator. Competition authorities across the world have determined in other markets, large and small, that you need 3 players in order to have effective competition. There are a number of ways that you can do that. I note with interest that Sandpiper has recently set up Iceland, a discount food retailer. They are providing  value to consumers. I welcome that. There are a number of ways we can deal with this issue, but I want a competitive marketplace in which Jersey families can allow their money to go as far as possible in a rising food price economy. That is what I want. If it is a third supermarket operator in some way or form and that will deliver it then, yes, I am in favour.

Deputy R.G. Le Hérissier: Is it a 10?

Senator P.F.C. Ozouf :

I cannot really answer that. In terms I have explained the background of what we are trying to achieve.

5. Deputy G.P. Southern :

The Minister seemed to imply that the Chamber of Commerce were in some way misleading people by the information they were putting in the market. Can the Minister confirm that in fact he has faith in the goodwill of the Chamber of Commerce to bring proper, relevant facts to this debate?

Senator P.F.C. Ozouf :

It is an interesting world in which I am on this side of the Assembly arguing for consumers and Deputy Southern is arguing for the interest of the Chamber of Commerce.  [Laughter] [Approbation]. We cannot both be wrong then. Of course I listen to the interests of the Chamber of Commerce but it is important to know where they are coming from. Is the Chamber of Commerce wanting more competition? Probably not. Do I want to listen carefully to the views of the Consumer Council, the Women's Institute and other consumer organisations? Yes, I do too.

Deputy G.P. Southern :

Is the Minister saying that he does not wish to listen to the Chamber of Commerce? Senator P.F.C. Ozouf :

I did not say that, Sir. I said the Chamber of Commerce are an important organisation but one has to remember that they are a business lobby organisation and know where they come from and that is fine. That is a researched and properly good situation to have but you have to know where your directions are coming from.

6. Deputy S.C. Ferguson:

The Minister seems to think that I am merely a mouthpiece for the Chamber of Commerce. I do happen to have the accounts of the underlying company that is mentioned in the paper and I have done my own research. But does he not pay attention to the work of people like Lady Cranbrook who has found that preserving the small shops means that the elderly remain independent and it is also essential for food tourism because it keeps the essential significant different things? Also a third supermarket will not pay local tax and will reduce the local tax base because it will kill off local businesses.

Senator P.F.C. Ozouf :

I recently was away for a week and I read a number of books on the whole supermarket issue and the arguments for in favour. I certainly understood that there is a paralysed debate. I want a vigorously competitive retail environment in which small shops .. I congratulate the Co-Op on taking the Maufant store back to provide local community. [Approbation] We want farm shops. We want local shops. We also want households and families in Jersey to be able to buy competitive groceries and household goods. There is an evolving debate about how to achieve that. I would urge the Deputy if she wishes to come into my department to discuss the issue of the Isle of Man report, all is not clear from a set of accounts of a private company which do not necessarily give the whole picture. But I am happy to have her into the department to discuss that so that we can move forward on the common agenda.

Deputy S.C. Ferguson:

As a matter of fact, Sir, it was not a private company. It was quoted on A.I.M.

6. Deputy G.P. Southern of the Minister for Treasury and Resources regarding growth of profits in the Financial Services Industry:

In the light of the results of the most recent survey of financial institutions, does the Minister consider that further growth of profits in the financial services industry with consequent increases in tax revenues is probable this year - and I think the question should say - and next?

2.6.1 Senator T.A. Le Sueur (The Minister for Treasury and Resources): When corporate profits increase then all things being equal one would expect tax revenues on those corporate profits to increase. As Members will appreciate things are not always equal. While it is likely that there will be an increase in tax revenues this year, it may not be directly proportional to the increase in profitability. That is because of the basis on which tax is calculated. However, in broad terms I accept that an increase in corporate taxes this year is probable and next year probably also. Those to a large extent have been built into our future projections. However, with the advent of the Zero/Ten corporate tax structure which is now operational for all new companies and which will become operational for all existing companies from 1st January next year, overall tax revenues for such companies will in future fall quite considerably, as I have already made clear on several occasions. One should not, therefore, rely on such increases in revenue for future years.