States Meeting Transcript - 26/02/2008

STATES OF JERSEY OFFICIAL REPORT

TUESDAY, 26th FEBRUARY 2008

QUESTIONS......................................................................................7

1. Written Questions........................................................................7

1. DEPUTY P.V.F. LE CLAIRE OF ST. HELIER OF THE MINISTER FOR HOUSING REGARDING HOUSING QUALIFICATIONS:........................................7
2. DEPUTY P.V.F. LE CLAIRE OF ST. HELIER OF THE CHAIRMAN OF THE EXECUTIVE COMMITTEE OF THE COMMONWEALTH PARLIAMENTARY ASSOCIATION REGARDING ATTENDANCE AT C.P.A. EVENTS:.................8
3. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING TARGETS FOR PUBLIC SECTOR WAGE INCREASES:..........................................................................15
4. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE IMPACT OF GROWING THE ECONOMY BY INCREASING THE NUMBER OF WORKERS IN THE FINANCIAL SERVICES SECTOR: ........16
5. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HOUSING REGARDING THE DEMAND FOR 3 BEDROOM HOUSES:........................17
6. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE EMPLOYMENT RELATIONS (JERSEY) LAW 2007: .........................................................................................17
7. DEPUTY G.P. SOUTHERN OF ST. HELIER TO THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE JERSEY HOMEBUY' SCHEME:......18
8. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING INCREASING SUPPLY IN THE HOUSING MARKET:..............................................................................19
   9. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HOUSING REGARDING THE JERSEY HOMEBUY' SCHEME:................................22
9. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HOUSING WILL TABLE AN ANSWER TO A REGARDING HOUSING MAINTENANCE: ...23
10. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE INDEX LINKING OF PENSIONS:..................24
11. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE CHAIRMAN OF THE PRIVILEGES AND PROCEDURES COMMITTEE REGARDING THE WHAT IS SCRUTINY?' CONFERENCE: ........................................................25
12. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE CHIEF MINISTER REGARDING CHANNEL ISLANDER STATUS: ....................................25
13. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE CHIEF MINISTER REGARDING THE JERSEY LAW COMMISSION'S REPORT ON THE JERSEY LAW OF CHARITIES:................................................................26
14. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR SOCIAL

SECURITY REGARDING THE COST OF PRESCRIPTIONS FROM PHARMACIES:

27

16. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE COST OF PRESCRIPTIONS AT THE GENERAL HOSPITAL: ...............................................................27

2. Oral Questions...........................................................................27

1. Deputy G.P. Southern of St. Helier of the Minister for Social Security regarding breaches of the minimum wage legislation:......................................................28 Senator P.F. Routier (The Minister for Social Security): ......................................28

1. Deputy G.P. Southern :..................................................................28
2. Deputy G.P. Southern :..................................................................28
3. Deputy P.V.F. Le Claire of St. Helier : ..................................................29

4. Deputy G.P. Southern :..................................................................29

2. Connétable A.S. Crowcroft of St. Helier of the Minister for Home Affairs regarding the possible introduction of compulsory rear seat belt legislation:..........................29 Senator W. Kinnard (The Minister for Home Affairs):........................................29

1. The Connétable of St. Helier:...........................................................29
2. The Connétable of St. Helier:...........................................................29
   3. Deputy P.V.F. Le Claire of the Minister for Treasury and Resources regarding the potential purchase of confidential client details by foreign Governments to identify tax evasion:................................................................................30 Senator T.A. Le Sueur (The Minister for Treasury and Resources): ..........................30

1. Deputy R.G. Le Hérissier of St. Saviour:...............................................30
2. Deputy R.G. Le Hérissier: ..............................................................30
3. Deputy G.P. Southern :..................................................................31
   4. The Connétable of St. Helier of the Minister for Education, Sport and Culture regarding the range of day time activities provided by his Department for children over the age of 12 during the school holidays: ..........................................................31 Senator M.E. Vibert (The Minister for Education, Sport and Culture):........................31

1. The Connétable of St. Helier:...........................................................32
2. The Connétable of St. Helier:...........................................................32
3. Deputy F.J. Hill of St. Martin : ..........................................................32
4. The Deputy of St. Martin:..............................................................32
5. The Deputy of St. Martin:..............................................................32
6. Deputy R.G. Le Hérissier: ..............................................................33
7. Deputy R.G. Le Hérissier: ..............................................................33
8. Deputy R.G. Le Hérissier: ..............................................................33
9. Deputy J.A. Martin of St. Helier:.......................................................33
10. Deputy J.A. Martin: ...................................................................33
11. The Connétable of St. Helier:..........................................................34

5. Deputy R.G. Le Hérissier of the Minister for Planning and Environment regarding the operation ofIsland Plan Policy C16 on agricultural sheds:..............................34 Senator F.E. Cohen (The Minister for Planning and Environment):...........................34

1. Deputy R.G. Le Hérissier: ..............................................................34
2. Deputy G.P. Southern :..................................................................35
3. Deputy R.G. Le Hérissier: ..............................................................35

6. Connétable D.J. Murphy of Grouville of the Minister for Economic Development regarding the cost of a forthcoming briefing at the Radisson Hotel: ....................35 Senator P.F.C. Ozouf (The Minister for Economic Development):............................35

1. The Connétable of Grouville :...........................................................35
2. Deputy G.P. Southern :..................................................................36

7. The Deputy of St. Martin of the Minister for Home Affairs regarding an update of the review of the Rehabilitation of Offenders Law:.........................................36

Senator W. Kinnard (The Minister for Home Affair): ........................................36

1. The Deputy of St. Martin:..............................................................37
2. Deputy R.G. Le Hérissier: ..............................................................37
3. The Deputy of St. Martin:..............................................................37
4. Deputy R.G. Le Hérissier: ..............................................................38

8. Deputy K.C. Lewis of St. Saviour of the Minister for Education, Sport and Culture regarding the future use of the former Fort Regent swimming pool:....................38 Senator M.E. Vibert (The Minister for Education, Sport and Culture):........................38

1. Deputy K.C. Lewis :....................................................................38
2. Deputy R.C. Duhamel of St. Saviour:..................................................39
3. Deputy D.W. Mezbourian of St. Lawrence : ............................................39
4. Deputy K.C. Lewis :....................................................................39
5. Deputy D.W. Mezbourian :..............................................................39

9. Deputy G.P. Southern of the Minister for Education, Sport and Culture regarding the number of students, whose first language was not English, currently being taught in the Island's primary and secondary schools:................................................40 Senator M.E. Vibert (The Minister for Education, Sport and Culture):........................40

1. Deputy G.P. Southern :..................................................................40
2. Deputy G.P. Southern :..................................................................40
3. Deputy G.C.L. Baudains of St. Clement : ...............................................40
4. Deputy I.J. Gorst of St. Clement:.......................................................41
5. Deputy S.C. Ferguson of St. Brelade : ..................................................41
6. Deputy G.P. Southern :..................................................................41
7. Deputy S.C. Ferguson:..................................................................42

10. Deputy R.G. Le Hérissier of the Minister for Economic Development regarding the affect of high postal charges on small internet businesses or voluntary groups:.........42 Senator P.F.C. Ozouf (The Minister for Economic Development):............................42

2.10.1 Deputy R.G. Le Hérissier:...........................................................42

11. Deputy K.C. Lewis of the Minister for Home Affairs regarding the banning of so-called legal drugs Spice and Salvia: ...........................................................43 Senator W. Kinnard (The Minister for Home Affairs):........................................43

1. The Deputy of St. Martin : ...........................................................43
2. Deputy K.C. Lewis : .................................................................43
3. Deputy C.J. Scott Warr en of St. Saviour:............................................44
4. Deputy J.A. Martin: .................................................................44

12. The Deputy of St. Martin of the Minister for Housing regarding the purchase of residential property for speculative purposes:...........................................44 Senator T.J. Le Main (The Minister for Housing): ............................................44

1. The Deputy of St. Martin : ...........................................................45
2. Deputy G.P. Southern : ..............................................................45
3. Deputy G.P. Southern : ..............................................................45
4. Deputy A.D. Lewis of St. John:......................................................45
5. Deputy C.J. Scott Warr en:...........................................................46
6. Deputy P.V.F. Le Claire:............................................................46
7. Deputy J.J. Huet of St. Helier:.......................................................47
8. Deputy S.C. Ferguson:..............................................................47
9. Deputy S.C. Ferguson:..............................................................47
10. Deputy S.C. Ferguson:.............................................................47
11. Deputy C.J. Scott Warr en: .........................................................48
12. Deputy P.V.F. Le Claire: ..........................................................48
13. Deputy G.P. Southern :.............................................................48
14. Deputy G.P. Southern :.............................................................49

15. Deputy P.V.F. Le Claire: ..........................................................49
16. Deputy S.C. Ferguson:.............................................................49
17. Deputy C.J. Scott Warr en: .........................................................49
18. Deputy P.V.F. Le Claire: ..........................................................50

3. Questions to Ministers Without Notice - The Minister for Health and Social Services ...........................................................................................50

1. Deputy R.G. Le Hérissier: ..............................................................50 Senator B.E. Shenton (The Minister for Health and Social Services):.........................50

1. Deputy R.G. Le Hérissier: ..............................................................51
   2. Deputy J.A. Hilton of St. Helier:........................................................51

3.2.1 Deputy J.A. Hilton:.....................................................................51

3. Deputy G.P. Southern :..................................................................51
4. Deputy S.C. Ferguson:..................................................................52

3.4.1 Deputy S.C. Ferguson:..................................................................52

5. Deputy J.J. Huet:.......................................................................52
6. The Deputy of St. Martin:..............................................................53
7. Deputy C.J. Scott Warr en: ..............................................................53
8. Deputy J.A. Martin:....................................................................53
9. Deputy D.W. Mezbourian :..............................................................53

4. Questions to Ministers Without Notice - The Chief Minister..........................54

1. Deputy J.J. Huet:.......................................................................54 Senator F.H. Walker (The Chief Minister):...................................................54

1. Deputy J.J. Huet:.......................................................................54
   2. The Connétable of St. Helier:...........................................................55

4.2.1 The Connétable of St. Helier:...........................................................55

3. Deputy R.G. Le Hérissier: ..............................................................55
4. Deputy S.C. Ferguson:..................................................................55

4.4.1 Deputy S.C. Ferguson:..................................................................56

5. The Deputy of St. John:................................................................56
6. Deputy S. Pitman of St. Helier:.........................................................56
7. Deputy G.P. Southern :..................................................................57
8. The Connétable of St. Helier:...........................................................57
9. Deputy P.V.F. Le Claire: ...............................................................57
10. Deputy P.N. Troy ofSt.Brelade:.......................................................57
11. Deputy R.C. Duhamel: .................................................................57
12. Deputy G.P. Southern :..................................................................58

4.12.1 Deputy G.P. Southern : ..............................................................58

STATEMENTS ON A MATTER OF FINANCIAL RESPONSIBILITY......................58

5. Statement by the Chief Minister regarding the police investigation into historic child abuse in the Island.......................................................................58

1. Senator F.H. Walker (The Chief Minister):.............................................59 5.1.1 Deputy P.N. Troy :.......................................................................60
   2. Senator S. Syvret:......................................................................60
   3. Deputy J.J. Huet:.......................................................................60
   4. Senator S. Syvret:......................................................................61
   5. The Very Reverend R.F. Key, B.A., The Dean of Jersey:...............................61
   6. The Deputy of St. Martin:..............................................................62
   7. Deputy P.N. Troy : ......................................................................62

Senator P.F.C. Ozouf :........................................................................62

8. Deputy R.G. Le Hérissier: ..............................................................63
9. The Connétable of St. Helier:...........................................................63
10. Deputy P.V.F. Le Claire:............................................................63
11. The Connétable of Grouville :........................................................64
12. Mr. W.J. Bailhache Q.C., H.M. Attorney General: ..................................64

PUBLIC BUSINESS.............................................................................64

6. Draft Public Elections (Amendment No. 3) (Jersey) Law 200- (P.2/2008).............64

6.1 Deputy G.P. Southern :..................................................................65

1. Senator P.F.C. Ozouf :..................................................................67
2. The Connétable of St. Helier:...........................................................68
3. The Deputy of St. Martin:..............................................................69
4. Deputy G.W.J. de Faye of St. Helier:...................................................69

LUNCHEON ADJOURNMENT PROPOSED..................................................70 The Deputy Bailiff :...........................................................................70

LUNCHEON ADJOURNMENT................................................................70 The Deputy Bailiff :...........................................................................70

5. Connétable K.P. Vibert of St. Ouen:....................................................71
6. Deputy J. Gallichan of St. Mary:........................................................71
7. Deputy C.J. Scott Warr en: ..............................................................72
8. Deputy G.P. Southern :..................................................................73 The Deputy Bailiff :...........................................................................74

7. Re-use and Recycling facilities: capital and revenue funding (P.7/2008)..............75

7.1 Deputy J.B. Fox of St. Helier:..........................................................75 Senator F.E. Cohen:..........................................................................77

1. Senator T.A. Le Sueur:.................................................................77
2. Deputy G.W.J. de Faye:................................................................77
3. Deputy R.C. Duhamel: .................................................................79
4. Deputy J.J. Huet:.......................................................................80
5. Deputy C.J. Scott Warr en: ..............................................................82
6. Connétable M.K. Jackson of St. Brelade:...............................................82
7. Deputy P.V.F. Le Claire: ...............................................................82
8. Deputy J.G. Reed of St. Ouen:..........................................................84
9. Deputy J.B. Fox:........................................................................85 The Deputy Bailiff :...........................................................................86

8. Waterfront Skateboard and Youth and Community Centre (P.8/2008)...............86

The Deputy Bailiff :...........................................................................86 8.1 Deputy J.B. Fox:........................................................................87 Senator F.E. Cohen:..........................................................................89

1. The Connétable of St. Brelade:.........................................................89
2. Senator P.F. Routier: ...................................................................90
3. Deputy K.C. Lewis :....................................................................90

4. Deputy R.C. Duhamel: .................................................................90
5. Deputy S.C. Ferguson:..................................................................91
6. Deputy S. Power of St. Brelade : ........................................................91
7. Senator B.E. Shenton:..................................................................92

8. Deputy A.J.H. Maclean of St. Helier:...................................................93
9. Connétable S.A. Yates of St. Martin:...................................................95
10. Senator L. Norman:..................................................................96
11. Deputy J.A. Martin: .................................................................97
12. Deputy G.W.J. de Faye: .............................................................98
13. Deputy G.P. Southern : .............................................................100
14. The Connétable of St. Helier:......................................................101
15. Deputy C.J. Scott Warr en:..........................................................101
16. Deputy I.J. Gorst :..................................................................102

ADJOURNMENT PROPOSED................................................................103 Senator F.H. Walker :........................................................................103 The Deputy Bailiff :..........................................................................103

ADJOURNMENT..............................................................................103

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

QUESTIONS

1. Written Questions

1. DEPUTY P.V.F. LE CLAIRE OF ST. HELIER OF THE MINISTER FOR HOUSING REGARDING HOUSING QUALIFICATIONS:

Question

1. What documentation does a qualified islander need to be given from the Housing Department to be able to prove that they have their housing qualifications?

Answer

The Population Office provides an individual with written confirmation of their housing qualifications in the form of a letter, once they have adequately proved an appropriate period of residence.

When that individual subsequently enters into a transaction to purchase or lease property, a consent or exemption, depending on the means by which that individual qualified, will be granted by the Population Office following joint application by the purchaser and vendor, or the lessee and leaser. These consents or exemptions, of course, will only be approved once the appropriate housing qualifications are evidenced to the appropriate files.

Question

2. How many people have qualified for housing purposes in the last 3 years in each ofthe different categories?

Answer

A variety of detailed provisions exist around obtaining housing qualifications, with the most common routes being an aggregated period of 10 years residence for persons born locally; 10  years  residence  for  persons  who  arrived  in  the  Island  as  minors  (aggregated  or continuous depending on the status of the parents); or 12 years continuous residence for someone born outside the Island. Over the last 3 years, the following numbers of people in each category have qualified under these routes –

For this purpose, the above commentary excludes those who purchase or lease a property having obtained housing qualifications other than through a period of residence, specifically this relates to those who can transact as essential employees ("j's") or as wealthy migrants ("k's") or through hardship provision ("g's"). There are 1,700 "j's" in the Island, and only a handful, less than 10 in each case, of "k's" and "g's" are granted each year.

The above analysis obviously does not account for people who leave the Island, or who die, and as such, is not reflective of net changes in the numbers of qualified people in the Island.

Question

3. Will the Minister agree to update members on a 6 monthly basis as to the numbers in each category?

Answer

The States is updated on the numbers of people qualifying as and when it is proposed to change the qualification period. In recent years, this has meant statistics have been provided on an annual basis. It seems sufficient and reasonable to continue this practise of reporting on an annual basis, and this will be done, irrespective of whether or not it is proposed that the qualification period change.

2. DEPUTY  P.V.F.  LE  CLAIRE  OF ST.  HELIER  OF  THE  CHAIRMAN  OF  THE EXECUTIVE  COMMITTEE  OF  THE  COMMONWEALTH  PARLIAMENTARY ASSOCIATION REGARDING ATTENDANCE AT C.P.A. EVENTS:

Question

1. Would the Chairman advise  members how many delegations  from Jersey have attended Commonwealth Parliamentary Association (CPA) conferences and seminars in the past 6 years?
2. Who attended as delegates, where did they attend and what did attendance at these events cost?

Answer

1. & 2.The table below shows all CPA conferences and seminars attended by delegations from Jersey since 2002 together with the associated costs. It may firstly though be helpful to set out details of the arrangements that are in place for attendance at the various annual events.

In general Jersey delegations attend 3 separate types of CPA events as follows – British Islands and Mediterranean Regional conference

The Annual Regional Conference brings together delegates from the 13 branches of the British Islands and Mediterranean Region (Alderney, Cyprus, Falkland Islands, Gibraltar, Guernsey,  Isle  of  Man,  Jersey,  Malta,  Northern  Ireland,  St.  Helena,  Scotland,  United

Kingdom, Wales). The conference is hosted by one of the regional branches each year and was last hosted by Jersey in 2005. Under the Regional Constitution Jersey is entitled to send 4 members and a secretary to each Regional conference. The funding arrangements for the Regional  conference  are  that  delegations  pay  their  own  travel  costs to the  conference location but all accommodation and other costs are then met by the host branch. The Jersey Branch provides members with a £15 a day expenses allowance to meet minor incidental costs such as meals during the journey, laundry and any meals that are not covered as part of the conference programme (no other expenses claims from delegates are permitted).

Small Countries and Commonwealth Parliamentary (Plenary) conferences

These two conferences take place in a different Commonwealth country each year. The two

day Small Countries conference brings together parliamentarians from jurisdictions with a population of less than 500,000 and this conference is followed by the Plenary conference which brings together some 600 delegates from all Commonwealth countries. Jersey is entitled  to  send  three  members  and  a  secretary  to  the  conferences.  The  funding arrangements are different from the Regional conference as the CPA Secretariat refunds the full cost of travel to the conference location (by the cheapest economy fare) and the host branch  meets  all  accommodation  and  other  costs  on  arrival.  The  Jersey  Branch  only therefore has to pay for the £15 per day expenses allowance although, on occasions, it is necessary to pay for one additional night's accommodation if delegates arrive in advance of the official arrival day (as delegates must travel in Economy Class the Jersey Branch will allow members to arrive one day early on long haul flights).

Seminars

One annual seminar is organised by the CPA Secretariat in conjunction with a different host

branch each year. These seminars bring together a small number of parliamentarians from across  the  Commonwealth  for  an  intense  programme  of  discussions  on  various  issues relating to the parliamentary process. Jersey has been fortunate in obtaining a place on many of the seminars in recent years. Normally one member is selected per seminar and the funding arrangements are similar to those for the Regional conference. Jersey must meet all travel costs to the seminar location but, on arrival, all costs are met by the host branch. The £15 per day expenses allowance is paid to any member attending from Jersey. A number of seminars are also organised at Westminster by the United Kingdom CPA Branch and a number  of  members  from  Jersey  have  attended  these  in  recent  years.  The  funding arrangements are the same as for the seminars organised by the CPA Secretariat.

Events attended since 2002

Notes.

1. Former  Senator  J.A.  Le  Maistre  was  a  Regional  Representativeon the CPA International Executive Committee between the end of 2002 and September 2005. In this capacity, in addition tothe Regional conferences shownabove,healsoattended the Bangladesh, Canada and Fiji Plenary conferences during this period and 3 mid- year Executive Committee meetings held in Uganda, Australia and the Isle ofMan. The expenses of Regional Representatives attendingthese meetings are met by the CPA Secretariat and are not the responsibility of the Branch.
2. The Regional Conference was held in Jersey in 2005 and, as explained above, Jersey, as host branch, had to meet all the accommodation and other expenses for the delegates who attended. The cost to the Jersey Branch was £47,262.

Question

3. How  are  selections  of  delegates  made  under  current  rules  and,  what  was  the  recent application of those rules in this regard by the Executive Committee?

Answer

3. The Executive Committee of the Jersey Branch is keen to encourage as many members ofthe States  as  possible  to participate  in  CPA  activities.  At  the beginning  of each  year  all members are invited to express an interest in attending the various events which the Branch has been notified about and the Executive Committee then meets to make a choice of delegates. At this meeting a complete list ofall the various conferences and seminars that members  have previously attended  is available.  Members of the Committee who have expressed  an  interest  in  attendingan event  leave  the  meeting  during  the selection  of delegates for that event.

The Branch will usually select one experienced member to lead the delegation. The Branch regards Regional conferences as an excellent starting point' for participation in CPA events and, as there are four places available, will always try, if possible, to choose two delegates who have not previously attended a CPA conference. Because of the nature of the Small Countries and Plenary conferences the Executive Committee considers that, if possible, it is preferable to send three members who already have some experience of CPA events. In relation  to  seminars,  the  Branch  considers  that  these  are  also  ideally  suited  to  newer

members of the Assembly and the Committee will often choose from applicants who have never previously attended any CPA events.

When the selection of delegates is made the conference topics are not always known but,

occasionally, this information is available and it is then possible to select one or more delegates who have a particular interest in the subject. For example the Branch was notified this year that the theme of the Regional Conference is the Environment' and the Chairman of the Environment Scrutiny Panel who had expressed an interest was a logical choice to join the delegation.

I should point out that there are almost always more applicants than there are places available

and, for this reason, some members will always be unsuccessful. This may be particularly true if members limit their interest to only one event where they may be competing against 15 or more of their colleagues for only three or four places. The Branch will also be conscious, when making selections, of applications from members who express continued interest in CPA matters over a period of time rather than simply expressing a one off' interest in a particular conference destination.

I am satisfied that the recent selection of delegates for 2008 as set out below met the

Committee's usual criteria.

Question

4. What CPA events will Jersey delegations be attendingin 2008, what are the themes ofthese events and which delegates have been selected to attend?
5. What is the anticipated cost of attending the 2008 conferences and how will these costs be met?

Answer

4. & 5.To date Jersey has received three invitations to attend CPA events in 2008. These are as follows –

Westminster Seminar organised by the UK Branch – 3rd to 14th March 2008. Deputy

K.C. Lewis will attend this seminar. This annual seminar is an intense learning experience on a wide range of parliamentary practices and procedures. The total cost to the Jersey Branch will be the cost of a return air fare to London (£96.80 return), travel to central London (£28.80 return) and the £15 per day expenses allowance (£180).

Regional Conference in Gibraltar – 11th to 15th May 2008

Senator Ozouf , the Connétable of St. Martin and Deputies Duhamel and Le Claire will attend

this year's Regional Conference accompanied by the Hon. Secretary, Michael de la Haye. The overall theme for the conference is the Environment'. No firm bookings have been made for the conference yet but the costs to the Jersey Branch will be the return air fares to Gibraltar and the £15 per day expenses allowance.

Small Countries and Plenary conferences in Malaysia – 3rd to 10th August 2008

Senators Vibert and Perchard and the Deputy of St. Martin will attend this conference accompanied by the Hon. Secretary, Michael de la Haye who will also attend the Society of Clerks conference which is always held in parallel with the CPA Annual Conference. No details of the conference topics have been received yet. The figures given in answer to

questions 1 and 2 above show that the average total cost to the Jersey Branch of attending these annual conferences over the last six years has been approximately £1,767 and it is probable that the 2008 cost will be similar.

All direct costs associated with attendance are met from the annual grant from the States

referred to in answer 6 below.

Jersey has applied for one place on the 2008 CPA Seminar which is being held in Ottawa in

June. The Branch will hear in April whether or not its application for a place has been successful.

Question

6.  Are the accounts of the Jersey Branch available for inspection and, if so, where can they be inspected and who is entitled to view them?

Answer

6. The Jersey Branch receives an annual grant from the States that is shown as part of the States Assembly estimates in the Annual Business Plan. In recent years the amount of the grant has been fixed at £40,000 per year. A substantial proportion of this grant goes towards Jersey's annual subscription to the Association which this year amounted to £26,629. This subscription is Jersey's contribution to the Association's work across the Commonwealth which, in addition to the conferences and seminars shown above, includes post-election seminars as well as training and general assistance for parliamentarians, particularly in developing countries, to help them improve and enhance democratic structures. Membership also enables the Jersey Branch to access the research facilities provided by the CPA Secretariat.

Detailed accounts of the manner in which the annual grant is spent are kept by the States

Greffe under the supervision of the Treasurer of the States in his capacity as Honorary Treasurer of the Jersey Branch. Annual accounts are circulated to members and considered at the Jersey Branch's AGM each year. The accounts are not confidential and can be made available to anyone who wishes to inspect them through the Honorary Secretary, Mr. Michael de la Haye, at the States Greffe.

3. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING TARGETS FOR PUBLIC SECTOR WAGE INCREASES:

Question

1. Will the Minister inform members what budget limit he proposes to set as Annual Business Plan targets for public sector pay awards for 2009?

Answer

The Annual Business Plan has not yet been finalised by Ministers, and in any case I cannot

reveal the exact provision for pay awards as this would prejudice negotiations, but I can confirm that it does not allow for the effect of GST on the RPI.

Question

2. Given that the full impact of GST will be reflected in the March 2009 figures, are the proposed limits to be based on RPI, RPI(X) or the new index CPI and, if there is a proposed change from current practice, will he state why?

Answer

The purpose of GST is to raise additional tax revenues to meet the shortfall caused by the

move to the 0/10% corporate tax rate.

If the States raises the money through GST and then pays it back to staff through increased

pay awards, the money will have gone full circle and the States will still have a shortfall to meet which will require a further rise in taxes. Worse still, if the cost of GST is then added to private sector pay awards, following a lead given by the States, this will result in private sector employers having to increase their prices, leading in turn to claims for higher pay awards and hence risking an inflationary spiral, which would only be broken by the Island becoming uncompetitive and entering a recession. Clearly this can not be allowed to happen so public and private sector employers must strenuously resist claims for pay awards that include GST. The new RPI (Y) index enables a more precise measure of the underlying change in consumer prices, in a way that excludes the effects of mortgage interest payments and of indirect taxes such as impots and GST. Accordingly RPI (Y) should be the basis for pay awards in 2009 and thereafter.

Question

3. Does the setting of a target constitute a policy of wage restraint which has not received specific approval fromthe Assembly and, if so, will he bring thematterto the States for debate?

Answer

The 2009 Business Plan expenditure proposals will include the provision for pay awards

excluding any allowance for GST, which the States can either approve or amend as it sees fit.

4. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE IMPACT OF GROWING THE ECONOMY BY INCREASING THE NUMBER OF WORKERS IN THE FINANCIAL SERVICES SECTOR:

Question

Would the Chief Minister inform members whether he accepts the comments of OXERA on page 19 of the report entitled What  is the impact of Jersey's ageing population' that growing the economy by increasing the proportion of workers in the financial services sector to its maximum of around 40% is inadvisable since "the resulting economy would be very one-sided, and given the current reliance of the sector on temporary residents to satisfy its skill mix needs, it is likely that such an economy would not provide a good match for the labour skills and desires of the current and future permanent residents." and, if not, would he explain why?

Answer:

I do accept the comments that OXERA made. There is no doubt that increasing the proportion of workers in the financial services sector from 25% of the working population as it stands today, to the theoretical maximum of about 40% over time would result in our economy becoming very one- sided.

The report goes on to suggest, however, that there may be scope for some additional increase in the proportion of the working population employed in the financial services sector.

The Imagine Jersey 2035 consultation outlines the effects of a smaller 5% shift in the working population into the financial services industry as a part of the growing the economy option'. This option also includes consideration of making the economy more productive and encouraging more people of working age to join the workforce.

This approach is entirely consistent with the points that OXERA have made.

5. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HOUSING REGARDING THE DEMAND FOR 3 BEDROOM HOUSES:

Question

In light of the figures given in his written answer on 12th February 2008 which showed an average monthly demand over the past year for 106 three bedroom social rental homes, would the Minister state whether or not he has assured the Minister for Planning and Environment, as stated by that Minister, that there is no demand for such accommodation?

Answer

The current demand for three bedroom homes can be met from within existing resources and

from completions planned for 2008, namely Field 40, St Clement (10 x three bed homes) and Field 690a, St Martin (19 x three bed homes). The current need is at a historically low level. Now is the time to turn our attention to giving States Tenants the opportunity to purchase their home.

The greatest demand overall continues to be for one bedroom accommodation. The provision

of such homes will enable 3 bedroom properties to be "recycled".

I work closely with the Minister for Planning and Environment. The demand for homes will

be monitored through a number of means, including of course the Housing Needs Survey'. Planning For Homes' produced in collaboration with colleagues at Planning will continue to inform on the current and future provision of homes.

6. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE EMPLOYMENT RELATIONS (JERSEY)LAW 2007:

Question

1. Further to his written answer of 12th February 2008 would the Minister state whether he isawareofanyother jurisdictions which have employment legislation equivalent to paragraph 38 of Code 2 and Article 5(3) ofthe Employment Relations Law, which make provision regarding States employees and secondary action such as define certain actions as secondary even though all workers are employed by a single body namely the States Employment Board?

Answer

The Minister is not aware of a direct parallel, noting that other comparable jurisdictions generally do not have a single body as the sole employer of all public sector employees. The provisions were drafted to meet Jersey's particular circumstances.

Question

2. Notwithstanding his written answer to part 6 of the above questions, would the Minister confirm that he is responsible for putting the codes of conduct attached to the Employment Relations Law into effective practice and, if so, will the Minister inform members what action, through JACS or the States Employment Board or otherwise, he will take to ensure that appropriate minimum service agreements are established in all areas deemed to be essential services covered by Articles 31 to 35 of Code 2 and, if none, will he explain why?

Answer

The Minister confirms that following a widespread, extended consultation process that he brought forward the Codes of Practice to accompany the Employment Relations Law and made an Order bringing them into effect. The Deputy will no doubt recall that he proposed a rescindment to that Order which the States rejected.

Guidelines and regular training sessions giving practical advice about the Law and the codes of practice are available from the Jersey Advisory and Conciliation Service (JACS). JACS is also available to help employers and trade unions to negotiate agreements, adopting an appropriate role depending on the needs of the parties; offering alternative dispute resolution procedures such as conciliation and mediation.

It is a matter for employers, not the Minister, to seek to negotiate minimum service level agreements with trade unions within the terms of the relevant Code of Practice.

7. DEPUTY G.P. SOUTHERN OF ST. HELIER TO THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE JERSEY HOMEBUY' SCHEME: Question

1. In answer to a written question on 12th February 2008 the Minister stated that "Adopting the Jersey Homebuy scheme proposed enables those people who cannot afford to acquire first-time buyer homes at the market rate to purchase their own home. In the absence of such a scheme, they will have to rent property in the local market which would include the social rented sector", implying that the proposed "Jersey Homebuy" scheme would be open to those who would normally be in the social rental sector. Would the Minister state whether or not this is indeed the case?

Answer

The Minister for Housing and I are proposing that Jersey Homebuy dwellings would be available to qualifying first time buyers through a system of financial means testing known as a gateway'. That will include some of those in the social rented sector. This would be managed by the Housing Department in a similar way to its existing waiting list for States rental accommodation.

2. Will the Minister give realistic estimates of how much money will be released over the longer term into the provision of additional housing from the 35%ofthe resale price ofthe "Jersey Homebuy" houses and state when it is anticipated that such sums will be realised?

Answer

If the purchaser sells  a property that has been purchased under  the Jersey Homebuy scheme, the sale will have to be to a first time buyer who would then pay 100% of the prevailing first time buyer value. The seller would take away 65% of the sale proceeds and the other 35% would be retained by a not-for-profit body. The retained money would be re- invested into affordable housing provision to be ascertained at the time. However it is unlikely that significant sums would materialise for many years as the generation of funds depends entirely on the home owners deciding when, or if, they wish to sell.

It  is  not  possible to say  how  much  money will  be realised  from the resale of  Jersey Homebuy properties or at what point that money will be realised simply because we do not know when the buyer will sell that house on.

8. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING INCREASING SUPPLY IN THE HOUSING MARKET:

Question

Would the Minister accept that the current housing problems, with significant increases in house prices, can only be solved by an overall increase in supply in all sectors of the market, that is, both rental and for purchase?

Answer

Recent figures relating to increases in purchasing and renting property in Jersey present a very mixed picture. The table below from the recent Jersey House Price Index details the price performance from the first quarter of 2002. Price s are the mean prices (£,000) for individual property types.

Thus it can be seen that over the past five years the change in the average price of houses has been notably different to that of flats:

• the average price of a 3-bedroom house has risen by about a third (33%) comparing calendar year 2002 with 2007. Furthermore, the most recent annual rate of increase for this property type has been greater than seen previously during the period. Other sizes of house have also seen considerable increases in average price, with both 2- and 4- bedroom houses up by around a quarter (22% and 28%, respectively) comparing 2002 with 2007, and have also experienced higher annual rates of increase most recently than seen previously;
• in contrast, flats have seen lower rates of increase, overall and most recently: 1- bedroon flats have increased in average price by about 15% comparing 2002 with 2007, whilst 2-bedroom flats have seen little change over the period, the average price in 2007 being only 1% greater than that in 2002.

The picture in the private sector rental market is summarised in the table below, extracted from the same report..

Overall, private sector rents for houses and flats have risen similarly over the five-year period: houses by 17%, comparing calendar 2002 with 2007, and flats by 15%.

Recently States Members were supplied with details of the number of homes the Planning Department has recently approved. These figures revealed that the Department approved at least 833 new homes during 2007. This is a much higher figure than in recent years. The Housing Needs Survey, due for publication in the next few weeks, will provide an up to date analysis of the demand for homes. This will form one of the key inputs for the Island Plan Review to ensure that proposals are brought forward to the States to adequately match supply to demand in all sectors of the housing market in the coming years.

1.9. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HOUSING REGARDING THE JERSEY HOMEBUY' SCHEME:

Question

1. In a written answer on12th February 2008 the Minister for Planning and Environment stated that "The Minister for Housing will operate the gateway. The gateway will assess applicants and will categorise applicants as being eligible or not for Jersey Homebuy. Financial limits have not yet been set and the results of this consultation and the recent Housing Needs Survey are awaited in order that these maximum income levels can be established." Will the Minister inform members what role the Housing Needs Survey will play in setting the boundaries for the "gateway"?

Answer

The Housing Needs Survey will be the most up to date evidence of the need, aspiration and financial ability to purchase for a significant part of the population of Jersey and will clearly have an important role in the setting of the boundaries for the "gateway".

Question

2. Is the Minister yet able to set out for members the proposed income boundaries between those who will fall into the categories being proposed through the "gateway" of those –

1. unable to buy at all, and eligible for social rental housing;
2. who do not qualify for the above, but are unable to buy on the open first time buyer market and qualify for "Jersey Homebuy"; and
3. who are able to enter the first time buyer market unaided;

for the following categories –

Single persons;

Married couples;

Married couples with children;

and, if not, when does he anticipate that precise figures will be agreed?

Answer

No. It seems prudent to await the response to this consultative document and certainly the results

of the Housing Needs Survey before the details of these income boundaries are established. The results of the Housing Needs Survey are due out in March. There will undoubtedly be a need for further analysis for the purpose of establishing the "gateway" but I expect to be in a position to release confirmation of the proposed income boundaries as soon as possible thereafter.

10. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HOUSING WILL TABLE AN ANSWER TO A REGARDING HOUSING MAINTENANCE:

Question

1. In view ofthe fact that Table 6.2 ofthe Jersey Annual Social Survey (JASS) indicates that less that 60% of users rate the housing maintenance service as Very Good' or Good' is the Minister satisfied that this finding is an accurate reflection of the service provided?

Answer

The Housing Department carries our regular Customer Satisfaction Surveys, the most recent of which in respect of the Maintenance service was carried out in August 2007 and was a random  sampling  of  those  customers  who  had  received  maintenance  work  during  the preceding 6 months. This confirmed a 98% satisfaction level. The JASS is a useful survey and I am not at all discouraged by the responses.

Question

2. Would  the  Minister  provide  details  of  the  sums  allocated  to, and  spent  on,  repair  and maintenance, in both emergency and routine categories, in each ofthe past 8 years? What sums does the Minister plan to allocate in the forthcoming Annual Business Plan 2009?

Answer

The current accounting system only dates back to 2003 and analysis of data prior to this has significant  resource  implications. Therefore table  below  illustrates the expenditure on planned and responsive maintenance since 2003 and the anticipated spend in 2008 and 2009.

Question

3. Does the Minister intend to take any steps to improve the rating shown in the JASS and, if so, would he specify what these steps will be and the timescale envisaged? Does the Minister intend to take any steps to increase the monitoring ofthe quality ofwork undertaken by outsourced repair and maintenance contractors?

Answer

Significant work has already gone into improving the service and this will continue. This will include the vigorous pursuit of value for money as demonstrated by the adoption of fixed price repair schedules, seeking opportunities to make staff available for increased quality control and empowering the end customer our tenants' to certify their satisfaction with the quality of work before the contractor gets paid.

Question

4. Will the Minister undertake to lift any ban on repair work for thosetenantswho are in rental arrears to ensure that States properties do not suffer further unnecessary deterioration?

Answer

It is only those tenants in unmanaged arrears, that is to say those who refuse to engage in a repayment plan, who will  not  receive a routine  maintenance service. However,  capital improvements,  planned  maintenance  (such  as  external  decorations  or  heating  system servicing), repairs of a wind and watertight nature or those with a significant Health & Safety aspect will always be carried out regardless of rent arrears.

11. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE INDEX LINKING OF PENSIONS:

Question

1. Does the Minister have any plans to amend the current statutory provisions linking increases in pensions to the Average Earnings Index and will he undertake to review the position if the Average Earnings Index falls behind the Retail Price s Index, to ensure that pensioners are not made worse off relative to RPI, or RPI (pensioner), in 2008 or 2009?

Answer

There are no plans to alter the statutory provisions set out at Article 13 of the Social Security

(Jersey) Law 1974 which provides for the automatic uprating of all contributory benefits by the Jersey Earnings Index annually. Since 1990, the Average Earnings Index has increased at an average annual rate about 1 percentage point greater than that of the RPI. The graph below plots the two indices since 1990.

Source, Jersey Economic Digest 2007

The members will be aware that the UK government, as part of their pension reform programme, have introduced the Pensions Act 2007 which includes a commitment to link the annual increases in state pension with earnings rather than prices, as has been the case in Jersey for many years. The UK government hope to achieve this by 2012.

From time to time, the increase in RPI is above that of average earnings – this has happened 4 times in the last 17 years. These occasional anomalies do not detract from the general principle that contributory benefits should be linked to wages, and that this automatic link has been of great benefit to pensioners since it was introduced.

Question

2. What are the Minister's intentions with regard to other benefits whichunlike pensions arenot linked to the Average Earnings Index?

Answer

Members will be aware that under the Income Support (Jersey) Law 2007 an annual review of rates has to be carried out. In reviewing these rates statutory provision provides that regard shall be given to changes in the cost of living and in the general standards of living of the community together with other factors that the Minister considers relevant. The component rates in Income Support are set under Regulations and the Minster will provide full details to the Assembly of the basis for any amendments to rates when the Minister brings forward a proposition on the annual review.

12. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE CHAIRMAN OF THE PRIVILEGES AND PROCEDURES COMMITTEE REGARDING THE WHAT IS SCRUTINY?' CONFERENCE:

Question

Would the Chairman state the fee paid to the facilitator for the recent "What is Scrutiny?" seminar?

Answer

The fee paid to the facilitator for the conference was £5,000. This included all personal preparation, telephone meetings with the States Greffe, and attendance on 5th and 6th

February 2008. All members who were present would agree that the facilitator was very well briefed on the issues facing scrutiny in Jersey, as well as those facing the Island which are listed in the Strategic Plan, and it was clear that he had read and digested numerous key documents prior to his arrival.

13. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE CHIEF MINISTER REGARDING CHANNEL ISLANDER STATUS:

Question

During the research undertaken in connection with the preparation of R.9/2008 entitled Status of Channel Islanders in the European Union' did the Chief Minister's Department receive any evidence of Islanders whose applications for work permits had been refused as a result of the Channel Islander status stamp in their passport?

Answer

During the preparation of the Report on the status of Channel Islanders in the European Union, the Chief Minister's Department collated evidence from a variety of sources, including letters in the correspondence column of the local newspaper and advice from the Passport and Immigration Department on the number of individuals potentially affected. Information was also obtained on the procedures to apply for a work permit from an EU member state and the opportunities for Channel Islanders to study in the EU.

The Report stated:

"In recent times there has been correspondence in the media, including letters pages of the Jersey Evening Post, from members of the public regarding the position of Channel Islanders in the EU. These letters indicate a level of concern about the issue and indicate a feeling that the arrangements are in some ways unfair or discriminatory against Channel Islanders.

For the individuals affected, the existing arrangements can be the cause of concern and distress."

The purpose of the report, whilst recognising those real concerns, was to explain how this position has come about, to discuss the policy options and to identify the assistance that would be provided to Channel Islanders who are affected.

It was therefore not necessary to carry out a wider public consultation exercise or seek further views from those affected, as it was already recognised that the status of Channel Islanders seeking to work in the European Union is a problem causing some concern.

14. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE CHIEF MINISTER REGARDING THE JERSEY LAW COMMISSION'S REPORT ON THE JERSEY LAW OF CHARITIES:

Question

Would the Chief Minister outline the progress to date, if any, with reviewing and implementing the proposals contained in the Jersey Law Commission Consultation Paper 7(B) entitled The Jersey Law of Charities'?

Answer

The process by which the Jersey Law Commission ("JLC") makes recommendations for legislative reform is that the JLC first issues a consultation paper. After responses to the consultation paper have been received, the JLC conducts further research and does additional work as necessary before producing a topic report, which contains the JLC's considered recommendations on the basis of the responses to the consultation.

The JLC has not as yet produced a topic report on the Jersey Law of Charities. Once this report is produced we will review the proposals contained in it.

However, the Island's AML/CFT Strategy Group has considered the JLC Consultation Paper 7(B). This was on 8 January 2007 with specific regard to the need to comply with Special Recommendation VIII ("SR VIII") of the Financial Action Task-Force. The Strategy Group noted that the JLC's proposed timeframe for addressing issues raised by SR VIII was inadequate to ensure compliance with this standard before the IMF assessment in October 2008. It is well known that obtaining a positive rating by the IMF is critical to sustaining Jersey's finance industry.

Accordingly, the Strategy Group put forward an approach contained in their Consultation Paper No 1 of 2008, Registration and Monitoring of Non-Profit Organisations' which deals specifically with compliance with SR VIII.

15. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE COST OF PRESCRIPTIONS FROM PHARMACIES:

Question

Would the Minister advise members of the average cost to his Department and/or the Health Insurance Fund for each prescription dispensed by a pharmacy (excluding the cost of the medicines)?

Answer

The fees paid for dispensing a prescription are set out in the Health Insurance (Pharmaceutical benefit (General Provisions) Order. From 1 October 2007, a standard dispensing fee of £2.85 is paid for every item dispensed. Various other sundry fees are paid, depending on whether the item is, for example, prepared by the pharmacist or is a controlled drug under the Misuse of Drugs legislation and details entered in a register. These sundry fees equate to an average £0.05 per item. Therefore the average cost to the Health Insurance Fund for the dispensing of a prescription item is £2.90.

16. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR HEALTH ANDSOCIALSERVICESREGARDINGTHECOSTOFPRESCRIPTIONSATTHE GENERAL HOSPITAL:

Question

Would the Minister advise members of the average cost of dispensing a prescription (excluding the cost of the medicines) to outpatients at the General Hospital?

Answer

The average cost of dispensing a prescription to outpatients at the General Hospital was £2.30 in the year 2007. This figure has been arrived at by dividing the total number of outpatient prescriptions (129,575) by the estimated employment costs of the relevant staff (£298,583).

2. Oral Questions

1. Deputy G.P. Southern of St. Helier of the Minister for Social Security regarding breaches of the minimum wage legislation:

What explanation can the Minister offer for the finding on page 10 of the Jersey Annual Social Survey that around 600 workers reported that they earned less than the minimum wage and what steps, if any, will the Minister take to investigate this finding and to ensure that any breach on this scale of the minimum wage legislation is dealt with and eliminated?

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

The Deputy appears to be reaching conclusions which really shows that his understanding of the survey results are a bit lacking. The survey results do not state that 600 workers reported that they earned less than the minimum wage. A very small number, less than 20, of the employed people who responded to the survey reported that they earned less than the minimum wage. Among those 20 there are self-employed people who are not subject to the minimum wage regulations, there are individuals with disabilities who are engaged in therapeutic work schemes, there are trainees and apprentices who have a lower minimum wage. There are also workers in the tourism and agricultural industries who receive board and lodging allowances as part of their wage. It may also include some individuals who have reported their net wages instead of their gross wages. In saying all that, there are no doubt some people who should be being paid the minimum wage and who are not. The department regularly surveys business for infractions of both social security and employment legislation, including any new businesses within 6 months of them setting up. The department also targets those industries where employees are commonly lower paid. This proactive work is ongoing.

1. Deputy G.P. Southern :

I thank the Minister for his answer. However, it does show that he does not understand the nature of numbers because scaling-up 20 in the survey does produce a number of 600. Nonetheless, his explanation contains some of the areas where people might report receiving less than the minimum wage. Is the Minister prepared to take any steps to investigate in any specific way how many of the population of employees are in fact receiving less than the minimum wage?

Senator P.F. Routier:

With regard to the scaling-up of the numbers, the Statistics Unit have verified to me that it is very unreliable to scale up 20 to the number of 600. They have made it very clear to me it is a very risky thing to try and do that. Saying all that, the department does have a compliance unit which does check that minimum wages are being paid. In fact, last year 51 businesses in the hospitality industry were surveyed and 22 minimum wage infractions were identified and those people are now being paid the minimum wage.

2. Deputy G.P. Southern :

Is the Minister not somewhat surprised, and indeed should be shocked, by the fact that 20- something out of 50 inspections revealed infractions of the minimum wage regulations? That is a very high proportion. What is he going to do to make sure that breaches of minimum wage legislation are not ongoing?

Senator P.F. Routier:

There were 51 businesses which have large numbers of employees, the hospitality industry which has large numbers of employees, and from that there were 22 individuals who were receiving lower than minimum wage. It goes to show that we are making sure that our compliance team does follow-up on things and are making sure that people are being paid the minimum wage. I would ask anybody who feels that they are not being paid the minimum wage to use the services of J.A.C.S. (Jersey Advisory and Conciliation Service). They have in many circumstances assisted people to ensure that they do receive the minimum wage. That is the correct way of ensuring that people do receive the minimum wage.

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

It has been reported to me by a number of people that over the Christmas period when they were hired on a temporary basis that they did not receive any form of contract as required by law from their employers. Would the Minister not agree that it is important that employers issue employees with contracts and would it not be perhaps advantageous to take an opportunity to ensure that employers are aware of this and that in those contracts the minimum wage stipulation is laid out and the reason for their pay is clearly set so that anybody who is receiving less than what they believe they should be would be able to complain under those circumstances?

Senator P.F. Routier:

I agree entirely with the Deputy and the employment legislation provides for all those circumstances he made.

4. Deputy G.P. Southern :

The Minister informed us that 22 persons working in 51 companies were found to be paid less than the minimum wage. Will he inform the House how many companies this involved and whether any of those companies were prosecuted?

Senator P.F. Routier:

I do not have the details of how many companies were involved. What I can say is that only 5 cases went to the tribunal and they were resolved at the tribunal stage.

2. Connétable A.S. Crowcroft ofSt.Helierofthe Minister for Home Affairs regarding the possible introduction of compulsory rear seat belt legislation:

Did the Minister or the former Home Affairs Committee approve in principle the introduction of compulsory rear seatbelt legislation and, if so, on what date was the decision made and what action, if any, was taken?

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

The old Defence Committee reviewed seatbelt legislation on several occasions between February 1994 and April 1999. On 3rd November 2005 the then Home Affairs Committee, with reference to appropriate safe forms of child restraint in vehicles for children over 3 years, noted European directives and agreed in principle that a review should be undertaken concerning current legislation governing the wearing of seatbelts and to consider amending the then current Motor Vehicles (Wearing of Seatbelts by Children) (Jersey) Order 1998 with a view to incorporating changes from the European directive. At that time there was no decision on introducing compulsory wearing of rear seatbelts by the Home Affairs Committee.

1. The Connétable of St. Helier :

Could the Minister advise us whether that view of the former Committee was conveyed to the then Public Services Department with any recommendations that D.V.S. (Driver and Vehicle Standards Department) should carry out the appropriate review?

Senator W. Kinnard:

I can say that the Home Affairs responsibility for seatbelt legislation was transferred to Transport and Technical Services (T.T.S.) in May 2006 and the legislation, I believe, is now included in T.T.S.'s 2007 Business Plan. I understand that a report and recommendations have now been completed and approved by T.T.S.'s management for their Minister's consideration.

2. The Connétable of St. Helier :

I thank the Minister for her helpful remarks but that still means that a delay of nearly 2 years has taken place since the transfer of responsibility from her department to that of the Transport and Technical Services Minister. Does she think it is satisfactory that the Island has waited for 2 years before this matter has been properly progressed?

Senator W. Kinnard: No, Sir.

3. Deputy P.V.F. Le Claire of the Minister for Treasury and Resources regarding the potential purchase of confidential client details by foreign Governments to identify tax evasion:

The recent purchase of confidential client details by the German Government to identify tax evasion in Liechtenstein has raised a number of issues internationally. What is the position in Jersey in this regard, please?

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

Unlike Liechtenstein, Jersey is fully committed to the principles of the O.E. C.D . (Organisation for Economic Co-operation and Development) on transparency and information exchange. That is why we have signed a tax information exchange agreement with the United States of America and with the Netherlands and we are very close to signing an agreement with Germany. When that agreement is signed there will be an accompanying political declaration in which Germany will welcome Jersey as a member of the community of nations committed to co-operation and information exchange on tax matters and assuring Jersey that it will be fully and equally treated as such by the German authorities. Germany also recognises Jersey's commitment to a good neighbour policy, reflected inter alia in the signing by Jersey of an agreement on the taxation of savings income with Germany and other E.U. (European Union) member states. As with other E.U. countries, we have agreed a programme of deducting income tax at source from interest earned by German residents from bank deposits made in Jersey and remitting the bulk of that tax to the German authorities. The Council of Ministers is convinced that our approach to these tax agreements is in the best long-term interests of the Island.

Deputy P.V.F. Le Claire: I thank the Minister.

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

The British Government is pursuing a more aggressive policy towards non-domiciled residents and part of that policy is to pursue funds into offshore sectors, if necessary, that are being decanted from Britain. How up to speed is the Minister and his Ministry in keeping an eye on this development and what steps are they taking to co-operate with the Government?

Senator T.A. Le Sueur :

In relation to non-domicility, yesterday I sent a letter to representatives of Her Majesty's Treasury setting out Jersey's response to the consultation they are doing on non-domiciles and expressing our concern about certain matters relating to the Island's activities. Other than that, I would point out that Jersey does have an existing double-taxation agreement with the United Kingdom, of limited scope, which does allow for some transfer of information in certain circumstances.

2. Deputy R.G. Le Hérissier:

So the Minister can then reassure the House that there need be no fear on the part of the Island authorities in terms of action taken by the U.K. (United Kingdom) authorities in this regard, that everything is well and that there will be no hounding of the Island authorities?

Senator T.A. Le Sueur :

I do not think there will be any hounding of the Island authorities but certainly any U.K. taxpayer who does not comply with the U.K. tax legislation can expect the wrath of the Inland Revenue to descend upon them and we will do what we need to do to co-operate with the Revenue should that occur.

3. Deputy G.P. Southern :

Does the Minister not agree that signs of such aggressive action on the part of the German Government bode very badly for the prospects of our own taxation in terms of the E.U. Code of Business Taxation?

Senator T.A. Le Sueur :

No, not at all because, as I said in my introduction, the approach of Liechtenstein is far different from the approach of Jersey which has been one of co-operation and acceptance of transparency and information exchange. That is not the case of Liechtenstein, which may be why Germany took the action it did. They have no cause to take similar action in respect of Jersey which has already demonstrated its willingness to co-operate.

4. The Connétable of St. Helier of the Minister for Education, Sport and Culture regarding the range of day time activities provided by his Department for childrenover the age of 12 during the school holidays:

Would the Minister explain what daytime activities for children over the age of 12 during school holidays, half terms and public holidays are provided by his department and is he satisfied that he is currently making sufficient provision?

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

My department provides activities available to children over the age of 12 during school holidays in a variety of ways. The Youth Service, although it mainly works during term-time weekday evenings, offers a range of provisions targeting young people aged 12 to 18 years. It does, however, offer a range of other opportunities such as Island residential activities, off-Island trips, outdoor activities and various specialist programmes offering specific activities during school holidays. As well as these specialist events, the Youth Service recognises the desire for all the youth projects to be open for more hours throughout the year and to extend their opening hours into school holidays, half terms and weekends where possible. With this in mind the Youth Service has increased the amount of sessional youth workers' face-to-face hours during the last few years from 156 per week in 2005 to 260 per week currently and the Youth Service hope to increase this even more in 2008, especially for additional projects being offered in the school holidays. In addition to this increase in the core face-to-face hours offered by the Youth Service, there have been a number of significant new partnerships with Parishes developed during the last year which have led to additional opening hours of youth projects. I am extremely grateful for this support from the Parishes. It certainly makes a significant difference to what the Youth Service can offer young people. Also the Sport and Leisure Division of E.S.C. (Education, Sport and Culture) works with sports' governing bodies to co-ordinate and advertise a comprehensive range of sports activities for young people during school holidays. These activities are for children from 6 years and above. Activity clubs, formerly known as play schemes, are organised for 6 to 11 year-old children. In 2007 a club was set up for those over 12 years old. This only had 3 young people signed up so the club was merged with another group. Also, since 2006 my department has employed a community development officer with funding from Building a Safer Society. In 2007 15 different projects were delivered at 20 different venues across the Island; over 11,200 from 8 to 18 years old attended these programmes during term time and the holidays. I believe my department is providing