States Meeting Transcript - 29/04/2008

STATES OF JERSEY OFFICIAL REPORT TUESDAY, 29th APRIL 2008

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

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

1.1.  DEPUTY G.P. SOUTHERN OF ST. HELIER TO THE ATTORNEY GENERAL REGARDING THE LEGAL POSITION OF THE STATES OF JERSEY WITH RESPECT TO ITS EMPLOYEES UNDER THE EMPLOYMENT RELATIONS (JERSEY) LAW 2007 AND ITS CODES OF PRACTICE:................................9

2. DEPUTY P.V.F. LE CLAIRE OF ST. HELIER TO THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE AMOUNT SPENT ON ROAD SAFETY IMPROVEMENTS OVER THE LAST 3 YEARS:...............10
3. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT TO THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE MASTER PLANNING EXERCISE RELATING TO THE FUEL FARM:.......................................11
4. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT TO THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE CONNEX BUS SERVICE CONTRACT:..................................................................11
5. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT TO THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE RESURFACING OF ST. CLEMENT'S COAST ROAD: ...................................................12

6. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT TO THE CHIEF MINISTER REGARDING MEETINGS TO DISCUSS THE HAUT DE LA GARENNE ISSUE: ..12
7. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT TO THE CHIEF MINISTER REGARDING THE TOWN REGENERATIOIN STRATEGY: ........................13
8. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT TO THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING SUPPORT FOR ECONOMIC DIVERSIFICATION: .....................................................................14

9. DEPUTY S.S.A.P. POWER OF ST. BRELADE TO THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING MILK IMPORTATION:..............14

10. DEPUTY S.S.A.P. POWER OF ST. BRELADE TO THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE ANNULMENT OF THE MOTOR VEHICLES (CONSTRUCTION AND USE) (AMENDMENT) (JERSEY) ORDER 2007:..................................................................15

11. THE CONNÉTABLE OF ST. JOHN TO THE MINISTER FOR HOME AFFAIRS REGARDING POLICE AND CIVILIAN STAFF NUMBERS: .........................16

12. DEPUTY S.S.A.P. POWER OF ST. BRELADE TO THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE TIME LMITS FOR ABORTIONS:..17

13. DEPUTY S.S.A.P. POWER OF ST. BRELADE TO THE MINISTER FOR HOME AFFAIRS REGARDING THE USE OF VICTORIA AVENUE'S OVERTAKING LANES:....................................................................................18

14. DEPUTY D.W. MEZBOURIAN OF ST. LAWRENCE TO THE MINISTER FOR HOME AFFAIRS REGARDING STAFF SUSPENSIONS:..............................18

15. SENATOR S. SYVRET TO THE MINISTER FOR HOME AFFAIRS REGARDING THE ISSUE OF WARRANTS:............................................................22

16. SENATOR S. SYVRET TO H.M. ATTORNEY GENERAL REGARDING CONFLICTS OF INTEREST:............................................................22

17. SENATOR S. SYVRET TO THE MINISTER FOR HOME AFFAIRS REGARDING PROSECUTIONS RELATING TO CHILD ABUSE CASES:...........................23

18. DEPUTY G.P. SOUTHERN OF ST. HELIER TO THE CHIEF MINISTER REGARDING STATEMENTSS MADE AFTER THE IMAGINE JERSEY EVENT:.24

19. DEPUTY G.P. SOUTHERN OF ST. HELIER TO THE MINISTER FOR SOCIAL SECURITY REGARDING G.P. CHARGES AND THE IMPACT OF THE REMOVAL OF TRANSITION SUPPORT:............................................................25

20. DEPUTY S. PITMAN OF ST. HELIER TO THE CHIEF MINISTER REGARDING THE COMMUNITY RELATIONS TRUST:.............................................32

21. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR TO THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE RUNNING COSTS OF GREENFIELDS:..........................................................................33

22. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR TO THE MINISTER FOR HOME AFFAIRS REGARDING THE USE OF FILM AND PHOTOGRAPHIC FOOTAGE OF PUBLIC EVENTS:....................................................................33

2. Oral Questions...........................................................................34

1. Connétable A.S. Crowcroft of St. Helier of the Minister for Planning and Environment regarding the decision to approve a large residential development on the headland above Portelet:................................................................................34 Senator F.E. Cohen (The Minister for Planning and Environment):...........................35

1. The Connétable of St. Helier:...........................................................35
2. Deputy G.P. Southern of St. Helier:....................................................35
3. Deputy C.J. Scott Warr en of St. Saviour:...............................................36
4. Deputy P.V.F. Le Claire of St. Helier : ..................................................36
5. Deputy G.P. Southern :..................................................................36
6. Deputy A.D. Lewis of St. John : ........................................................36
7. Deputy R.G. Le Hérissier of St. Saviour:...............................................36

2. Deputy S. Power of St. Brelade of the Minister for Economic and Development regarding the presentation by a member of the Tourism Development Fund Advisory Panel of a grant application for an organisation with which he was closely involved in a management capacity: ..................................................................37 Senator P.F.C. Ozouf (The Minister for Economic and Development):.......................37

1. Deputy S.Power:.......................................................................37
2. Deputy P.V.F. Le Claire: ...............................................................38
3. Deputy P.V.F. Le Claire: ...............................................................38
4. Deputy of St. John:.....................................................................39
5. Deputy S.Power:.......................................................................39

3. Deputy of St. John of the Minister for Treasury and Resources regarding the management of the asset values and future return expectations of the Strategic Reserve: .........................................................................................39 Senator T.A. Le Sueur (The Minister for Treasury and Resources): ..........................40

1. Deputy of St. John:.....................................................................40
2. Deputy D.W. Mezbourian of St. Lawrence : ............................................40
3. Deputy P.V.F. Le Claire: ...............................................................40
4. Deputy S.C. Ferguson of St. Brelade : ..................................................40
5. Deputy of St. John:.....................................................................41

4. Deputy S. Pitman of St. Helier of the Minister for Education, Sport and Culture regarding the affordability ofschool uniform requirements in Island schools:..........41 Senator M.E. Vibert (The Minister for Education, Sport and Culture):........................41

1. Deputy S.Pitman:......................................................................41
2. Deputy S.C. Ferguson:..................................................................42
3. Deputy G.P. Southern :..................................................................42
4. Deputy J.A. Martin of St. Helier:.......................................................42
5. Deputy S.Pitman:......................................................................42

5. Deputy G.P. Southern of the Minister for Social Security regarding the exclusion of utility bills from special payments for those on Income Support:.......................43 Senator P.F. Routier (The Minister for Social Security): ......................................43

1. Deputy G.P. Southern :..................................................................43
2. Deputy G.P. Southern :..................................................................43
3. Deputy G.P. Southern :..................................................................44

6. Deputy R.G. Le Hérissier of the Minister for Transport and Technical Services regarding the extension of the current contract of Connex to provide Public Transport Services:..44 Deputy G.W.J. de Faye of St. Helier (The Minister for Transport and Technical Services):...44

1. Deputy R.G. Le Hérissier: ..............................................................45
2. Deputy C.J. Scott Warr en: ..............................................................45
3. Deputy R.G. Le Hérissier: ..............................................................45

7. Deputy S. Power of the Minister for Home Affairs regarding the appropriateness of a statement made by the Deputy Chief of Police on 23rd February 2008 in relation to the Haut de la Garenne historic child abuse investigation: ..................................45 Senator W. Kinnard (The Minister for Home Affairs):........................................45

1. Deputy S.Power:.......................................................................46
2. Senator S. Syvret:......................................................................46
3. Senator J.L. Perchard:..................................................................46
4. Deputy J.B. Fox of St. Helier:..........................................................46
5. Deputy A.J.H. Maclean of St. Helier:...................................................46
6. Deputy C.J. Scott Warr en: ..............................................................47

8. Deputy R.G. Le Hérissier of the Minister for Planning and Environment regarding measures to improve the way in which applications for large projects are handled:.....47 Senator F.E. Cohen (The Minister for Planning and Environment):...........................47

1. Deputy R.G. Le Hérissier: ..............................................................47
2. Deputy R.G. Le Hérissier: ..............................................................48

9. Connétable D.J. Murphy of Grouville of the Minister for Planning and Environment regarding the advancement of tidal power technology:..................................48 Senator F.E. Cohen (The Minister for Planning and Environment):...........................48

1. The Connétable of Grouville :...........................................................48
2. Deputy P.V.F. Le Claire: ...............................................................49
3. Senator S. Syvret:......................................................................49

4. Deputy P.V.F. Le Claire: ...............................................................49

10. Deputy P.V.F. Le Claire of the Chief Minister regarding the policy pertaining to the residency status of new European Union accession country citizens working in the Island: ..................................................................................49 Senator F.H. Walker (The Chief Minister):...................................................50

1. Deputy P.V.F. Le Claire:............................................................50
2. Deputy P.V.F. Le Claire:............................................................50
3. Deputy R.G. Le Hérissier:...........................................................50
4. Deputy P.V.F. Le Claire:............................................................51

11. Deputy A.E. Pryke of Trinity of the Minister for Health and Social Services regarding the redeployment of the nursing team on Chevalier Ward :..............................51 Senator B.E. Shenton (The Minister for Health and Social Services):.........................51

1. Deputy A.E. Pryke:..................................................................51
2. Deputy C.J. Scott Warr en:...........................................................51
3. Deputy S.C. Ferguson:..............................................................52
4. Deputy I.J. Gorst of St. Clement:....................................................52
5. Deputy R.G. Le Hérissier:...........................................................52
6. Deputy R.G. Le Hérissier:...........................................................53
7. Deputy A.E. Pryke:..................................................................53

12. Deputy S. Pitman of the Minister for Transport and Technical Services regarding the fitting of seatbelts on Connex buses:....................................................53 Deputy G.W. J. de Faye (The Minister for Transport and Technical Services): ...............53

1. Deputy P.V.F. Le Claire:............................................................54
2. Deputy J.B. Fox:....................................................................54
3. Deputy J.B. Fox:....................................................................54
4. Deputy K.C. Lewis of St. Saviour:..................................................54
5. Deputy C.F. Labey of Grouville :....................................................55

13. Deputy F.J. Hill of St. Martin of the Minister for Home Affairs regarding the progress of the draft Sexual Offenders Law: ........................................................55 Senator W. Kinnard (The Minister for Home Affairs):........................................55

1. The Deputy of St. Martin : ...........................................................56
2. Senator S. Syvret:....................................................................56
3. Deputy of St. Martin : ................................................................56
4. Deputy J.A. Hilton of St. Helier : ....................................................56

14. Deputy K.C. Lewis of the Chief Minister regarding the actual population of Jersey as of March 2008:............................................................................57 Senator F.H. Walker (The Chief Minister):...................................................57

1. Deputy K.C. Lewis : .................................................................57
2. The Deputy of Grouville : ............................................................57
3. The Deputy of St. John:..............................................................57
4. Deputy C.J. Scott Warr en:...........................................................57

15. Deputy J.J. Huet of St. Helier of the Chairman of the Jersey Executive Branch of the Commonwealth Parliamentary Association regarding alleged complaints of bad

behaviour received by the Jersey Executive Branch of the Commonwealth Parliamentary Association concerning one of the Jersey delegates attending a conference in 2007:....58 Senator M.E. Vibert (Chairman of the Jersey Executive Branch of the C.P.A.):..............58 2.15.1 Deputy J.J. Huet:....................................................................58

16. The Deputy of St. Martin of the Minister for Home Affairs regarding the impact of the rift between Customs Officers and the Police upon the amount of successful drugs seizures in 2007:........................................................................59 Senator W. Kinnard (The Minister for Home Affairs):........................................59

3. Questions to Ministers without Notice - The Minister for Home Affairs..............59

1. The Deputy of St. Martin:..............................................................59 Senator W. Kinnard (The Minister for Home Affairs):........................................59
2. Deputy S.Power:.......................................................................60
3. Deputy S.C. Ferguson:..................................................................60
4. Deputy R.G. Le Hérissier: ..............................................................60
5. Deputy C.J. Scott Warr en: ..............................................................60
6. Deputy C.H. Egré of St. Peter:..........................................................61
7. Deputy K.C. Lewis :....................................................................61
8. The Deputy of St. Martin:..............................................................61
9. Deputy S.Pitman:......................................................................61
10. Deputy D.W. Mezbourian :..............................................................61

3.10.1 Deputy D.W. Mezbourian : ..........................................................62

11. Deputy R.G. Le Hérissier: ..............................................................62
12. Deputy S.C. Ferguson:..................................................................62
13. Deputy J.A. Hilton:.....................................................................62

4. Questions to Ministers without Notice - The Minister for Housing ....................63

1. Deputy S.Power:.......................................................................63 Senator T.J. Le Main (The Minister for Housing): ............................................63

1. Deputy S.Power:.......................................................................63
   2. Deputy I.J. Gorst : ......................................................................63

4.2.1 Deputy I.J. Gorst : ......................................................................64

3. Deputy K.C. Lewis :....................................................................64
4. Deputy D.W. Mezbourian :..............................................................64
5. Deputy S.C. Ferguson:..................................................................64

4.5.1 Deputy S.C. Ferguson:..................................................................65

6. The Deputy of Grouville :...............................................................65
7. Deputy S.Pitman:......................................................................65
8. Deputy G.P. Southern :..................................................................65

4.8.1 Deputy G.P. Southern :..................................................................66

9. Deputy R.G. Le Hérissier: ..............................................................66
10. Deputy P.N. Troy ofSt.Brelade:.......................................................66
11. Deputy of St. Martin:...................................................................66

STATEMENT ON A MATTER BY THE CHIEF MINISTER................................67

5. Statement by the Chief Minister regarding P.43/2008 being withdrawn..............67

5.1 Senator F.H. Walker (The Chief Minister):.............................................67

5.1.1 Deputy S.C. Ferguson:..................................................................68

PUBLIC BUSINESS.............................................................................68

6. Draft Health Implementation (Jersey) Law 200- (P.34/2008)..........................68

1. Senator B.E. Shenton (The Minister for Heath and Social Services):....................68

1. Deputy G.P. Southern :..................................................................69
2. Deputy D.W. Mezbourian :..............................................................70
3. Deputy G.C.L. Baudains of St. Clement : ...............................................70
4. Connétable M.K. Jackson of St. Brelade:...............................................70
5. Senator B.E. Shenton:..................................................................70 Deputy D.W. Mezbourian :....................................................................71 Senator B.E. Shenton:........................................................................71

The Bailiff :...................................................................................72 Deputy J.A. Martin (Vice-Chairman, Health, Social Security and Housing Scrutiny Panel): ..73

2. Senator B.E. Shenton:..................................................................73

1. The Connétable of St. Brelade:.........................................................73
2. Senator B.E. Shenton:..................................................................73 The Bailiff :...................................................................................73 Mr. W.J. Bailhache Q.C., H.M. Attorney General:............................................74 The Bailiff :...................................................................................74

7. Draft Sea Fisheries (Inshore Trawling Netting and Dredging) (Amendment) (Jersey) Regulations (P.36/2008)..................................................................74

7.1 Senator P.F.C. Ozouf (The Minister for Economic Development):......................74

1. Deputy D.W. Mezbourian :..............................................................74
2. Deputy R.C. Duhamel of St. Saviour:..................................................75
3. Deputy G.C.L. Baudains:...............................................................77

4. Deputy C.J. Scott Warr en: ..............................................................77
5. The Connétable of St. Brelade:.........................................................77
6. Senator P.F.C. Ozouf :..................................................................78 The Bailiff :...................................................................................79

Deputy G.P. Southern (Chairman, Economic Affairs Scrutiny Panel): ........................80 Senator P.F.C. Ozouf :........................................................................80 The Bailiff :...................................................................................81 Deputy S.C. Ferguson:........................................................................81 Senator P.F.C. Ozouf :........................................................................82

LUNCHEON ADJOURNMENT PROPOSED..................................................82 The Bailiff :...................................................................................82 The Attorney General:........................................................................82

LUNCHEON ADJOURNMENT................................................................83 Deputy R.C. Duhamel:........................................................................83

8. Health Services Disciplinary Tribunal: constitution and appointment of Members (P.37/2008)...............................................................................83

8.1 Senator P.F. Routier (The Minister for Social Security):................................83

1. Deputy G.C.L. Baudains:...............................................................84
2. The Deputy of St. Martin:..............................................................84
3. Deputy J.B. Fox:........................................................................84

4. The Deputy of Trinity :..................................................................84
5. Senator P.F. Routier: ...................................................................84 The Bailiff :...................................................................................84

9. Draft Harbours (Amendment No. 41) (Jersey) Regulations 200- (P.39/2008) .........85

9.1. Deputy A.J.H. Maclean (Assistant Minister for Economic Development - rapporteur):.85

1. Deputy S.Power:.......................................................................87
2. Deputy J.B. Fox:........................................................................88
3. Senator B.E. Shenton:..................................................................89
4. The Deputy of St. Martin:..............................................................90
5. Deputy R.G. Le Hérissier: ..............................................................90
6. The Deputy of St. Ouen:................................................................91
7. Deputy G.C.L. Baudains:...............................................................91
8. Deputy C.J. Scott Warr en: ..............................................................91
9. Senator P.F.C. Ozouf :..................................................................91
10. Deputy A.J.H. Maclean:.............................................................92 The Bailiff :...................................................................................97 Deputy G.P. Southern (Chairman, Economic Affairs Scrutiny Panel): ........................97

9.2 Deputy A.J.H. Maclean: ................................................................97

1. The Connétable of St. Brelade:.........................................................97
2. Deputy R.G. Le Hérissier: ..............................................................98
3. Deputy A.J.H. Maclean: ................................................................98 The Attorney General:........................................................................98 The Bailiff :...................................................................................98

Senator W. Kinnard:..........................................................................99

10. Draft Goods and Services Tax (Amendment) (Jersey) Regulations 200- (P.42/2008) .99

10.1 Deputy G.P. Southern (Chairman, Economic Affairs Scrutiny Panel): ..................99

1. Senator T.A. Le Sueur:.............................................................101
2. Senator M.E. Vibert :...............................................................102
3. The Connétable of St. Brelade:.....................................................103
4. Deputy C.J. Scott Warr en:..........................................................103
5. Senator P.F.C. Ozouf : ..............................................................103
6. Deputy J.A. Martin: ................................................................104
7. Senator L. Norman:................................................................105
8. The Deputy of St. Martin : ..........................................................106
9. Senator F.H. Walker :...............................................................106 Deputy C.J. Scott Warr en: ..................................................................107 The Bailiff :..................................................................................107
10. Senator P.F. Routier:..............................................................107 Connétable K.P. Vibert of St. Ouen:........................................................107 The Bailiff :..................................................................................107 Deputy G.P. Southern :......................................................................107 The Attorney General:......................................................................107
11. Deputy K.C. Lewis :..............................................................108
12. Deputy S.C. Ferguson:............................................................108
13. Deputy I.J. Gorst : ................................................................108
14. Deputy S.Power:.................................................................109
15. Deputy G.W.J. de Faye:..........................................................109 Deputy C.J. Scott Warr en: ..................................................................110
16. Connétable P.F.M. Hanning of St. Saviour : ......................................111
17. Deputy G.P. Southern :............................................................111 The Attorney General:......................................................................111 Senator W. Kinnard:........................................................................112

11. Draft Centeniers (Terms of Office) (Amendment) (Jersey) Law 200- (P.44/2008)...112

11.1 The Connétable of St. Ouen (Chairman, Comité des Connétable s):....................113 The Greffier of the States (in the Chair):....................................................113 Deputy P.J.D. Ryan of St. Helier (Chairman, Corporate Services Scrutiny Panel):..........113

12. Working Party to Review Appropriateness of Departmental Structure (P.49/2008)113

12.1 Deputy G.C.L. Baudains:..............................................................113

13. Chief Minister election: advance notice of intention to stand (P.52/2008)............114

13.1 Deputy S. Pitman:.....................................................................114

1. Deputy C.J. Scott Warr en:..........................................................114
2. Deputy J.B. Fox:...................................................................115
3. Deputy G.P. Southern : .............................................................115
4. Deputy G.W.J. de Faye: ............................................................116
5. Senator B.E. Shenton: ..............................................................118
6. Deputy S.Pitman:..................................................................118

14. Health and Safety Appeal Tribunal: appointment of members (P.56/2008)..........122

14.1 Senator P.F. Routier (The Minister for Social Security):..............................122 The Bailiff :..................................................................................122 Deputy S.C. Ferguson:......................................................................122

15. Draft Financial Services (Amendment of Law) (No. 3) (Jersey) Regulations 200- (P.45/2008)..............................................................................122

15.1 Senator P.F.C. Ozouf (The Minister for Economic Development):....................123

1. Deputy R.G. Le Hérissier:..........................................................123
2. Senator P.F.C. Ozouf : ..............................................................123 The Bailiff :..................................................................................124 Deputy G.P. Southern (Chairman, Economic Affairs Scrutiny Panel): ......................124 The Bailiff :..................................................................................124

ARRANGEMENT OF PUBLIC BUSINESS FOR FUTURE MEETINGS ..................124

16. Connétable D.F. Gray ofSt. Clement (Chairman, Privileges and Procedures Committee): ........................................................................................125

1. Senator P.F.C. Ozouf :.................................................................125
2. Deputy C.J. Scott Warr en: ............................................................125

ADJOURNMENT..............................................................................125

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

QUESTIONS

1. Written Questions

1.1.  DEPUTY G.P. SOUTHERN OF ST. HELIER TO THE ATTORNEY GENERAL REGARDING THE LEGAL POSITION OF THE STATES OF JERSEY WITH RESPECT TO ITS EMPLOYEES UNDER THE EMPLOYMENT RELATIONS (JERSEY) LAW 2007 AND ITS CODES OF PRACTICE:

Question

"In relation to the legal position of the States of Jersey with respect to its employees under the Employment Relations (Jersey) Law 2007 and its related codes of practice, will the Attorney General advise members:

1. whether he is aware of any other jurisdiction where government employees, whilst being regarded as employed by a single unified body, equivalent to the States of Jersey Employment Board, for all other employment and contractual purposes, are in the matter of employment disputes, regarded as being employed by the relevant Minister?
2. Ofthe arguments on either side ofthe question of whether the treatment applied by the States to its employees (above) could be found to be a disproportionate restriction on the right of States employees to take secondary industrial action in supportofother States employees?
3. In the event of employers and trade unions failing to agree over which services(or elements of services) minimum service agreements outlined in articles 31to35ofCode 2 should apply to and what level of minimum services should apply, what legal position would pertain to –

(i) individual ministers as employers; (ii)the States Employment Board;

3. trade unions concerned;
4. the Minister for Social Security;

in respect of their duty of care to provide and maintain essential services to Islanders?"

Answer

1. I am not aware of a direct parallel, but have not undertaken a comprehensive analysis of other jurisdictions on the point raised.
2. Article 5(3) of the Employment Relations (Jersey) Law 2007 is intended to ensure that certain disputes between Minister and employees are treated as falling within the definition of "collective employment dispute", where the Minister is not the contractual employer.

Article 5(3) and paragraphs 36 to 38 of Code 2, taken together, are also intended to prohibit

secondary action where an employer or employees are not party to a dispute.

Restrictions or prohibitions in respect of secondary industrial action exist in other

jurisdictions e.g. the United Kingdom. The existence of any such limitations does not automatically result in a contravention of ILO obligations or a breach of applicable human rights legislation.

It is ultimately for the courts, in an appropriate case, to determine whether such provisions are

disproportionate. It is understood that the provisions were drafted to meet Jersey's constitutional framework and particular circumstances.

(c)(i) Each Minister is a corporation sole and may have duties under statute and/or the customary law. Failure to provide essential services may, under certain circumstances, constitute a breach of statutory duty. Any liability arising would be subject to the particular facts of the case and to the jurisdiction of the courts.

2. In relation to the provision and maintenance of essential services, it is unlikely that the States Employment Board would be held toowe a dutyof care or be subject to legal liability in such circumstances.
3. Registered trade unions possess some immunities under the 2007 Law in relation to their activities. There are circumstances in which a registered trade union acting outside the 2007 Law (e.g. unreasonable conduct as defined within an approvedcodeof practice) would not benefit from such immunities (see especially Arts 18 to 20 of the 2007 Law). In such circumstances, proceedings might conceivably be brought against a registered trade union in tort. Such action has no precedent in Jersey, even though the immunities only came into existence relatively recently with the passage of the 2007 Law, and is also understood to be rare in other jurisdictions.
4. The Minister for Social Security would not be in a different position to that of any other Minister, and the answer to (i) above applies.

2. DEPUTY P.V.F. LE CLAIRE OF ST. HELIER TO THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE AMOUNT SPENT ON ROAD SAFETY IMPROVEMENTS OVER THE LAST 3 YEARS:

Question

"Would the Minister advise how much has been spent on road safety improvements and traffic measures in the last 3 years and how much of this sum relates specifically to pedestrian safety?"

Answer

During the last 3 years, Transport and Technical Services has spent a total of £403,000 on schemes that include road safety improvements, £265,000 of which relates specifically to pedestrian safety at road junctions, pedestrian crossings and town centre streets. Of this latter amount, £95,000 has been contributed by other agencies – the Parish of St Helier, WEB and a developer contribution - for specific schemes.

Included in these figures are schemes for the installation of new or improved pedestrian facilities during traffic signal controlled junction refurbishments, improvements to pelican crossings by installing high brightness, low energy lamps and the laying of skid resistant material at junctions and bends.

The department seeks to include safety improvements in all of its road improvement schemes and pedestrian improvements often form part of a larger scheme.

3. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT TO THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE MASTER PLANNING EXERCISE RELATING TO THE FUEL FARM:

Question

"In answering my question regarding fuel farm relocation on 1st April 2008, the Minister stated

that the Economic Development Department, Jersey Harbours and WEB were undertaking a master planning exercise which included the site of the current fuel farm. Would the Minister advise which of these is the lead body with responsibility for co-ordinating the work involved?"

Answer

The master planning exercise being undertaken by the Economic Development Department, Jersey Harbours and WEB, which includes the site of the current fuel farm, is a genuine example of a common effort between departments.

The Managing Director of WEB chairs the meetings and project management provision is provided by WEB.

4. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT TO THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE CONNEX BUS SERVICE CONTRACT:

Question

With regard to the Connex bus service, would the Minister state:

1. whether he intends putting the service outtotender when the current contract expires and if not, why not,
2. over what period the new buses were amortised from the start ofthe service and their present value,
3. whether he has considered purchasing the fleet in order to facilitate a changeofoperatorif desired,
4. whether he believes in the user pays principle' and, if so, why he does not apply this to the bus service?"

Answer

1. I have not yet made a decision as to whether the bus service will be put out to tender when the current contract expires in September 2009 but I can assure the Deputy that I will inform States members as soon as a decision has been made.
2. The original fleet of vehicles were leased over the length of the contract, that is 7 years and the residual value at the end of the contract was assumed to be £18,000 per vehicle. I do not know the current value of these originals vehicles as the fleet has been supplemented since 2002.

3. I have considered whether the States, through the Vehicle and Garage Plant Account, should purchase the fleet not only to facilitate the changeover of operator but also to reduce the risk should an operator choose to leave the Island and to ensure an appropriate vehicle replacement programme is implemented to smooth the procurement cycle. However, the current contract specifically includes the facility for an incoming service provider to acquire the current operator's fleet at market value and I am comfortable at present that this provides the security the Island requires.
4. In general, I do support the user pays principle' but not where there is clearly an element of providing a service for social reasons. If all bus passengers, including our senior citizens and children, paid the full costoftheservice,theaveragefarewouldbe£1.80. I do not believethatthis would be acceptable to the public and certainly it would not support efforts to optimise public transport to reduce congestion and pollution from road traffic.

5. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT TO THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE RESURFACING OF ST. CLEMENT'S COAST ROAD:

Question

"With regard to the recent re-surfacing of the St Clement coast road near Brig Y Don, will the Minister advise whether he has yet discovered the reason for the ripple effect' that exists, especially towards the western end of the work, and further advise what he intends to do about it?"

Answer

When the Deputy refers to the "ripple effect" I presume he means the effect caused by the joints in the asphalt surfacing. On all surfacing contracts there will inevitably be a number of joints where one sequence of asphalt laying meets another.

For operational reasons this joint sequencing at La Route de la Côte was closer spaced than would normally be desirable which has resulted in the perceived "ripple effect". An inspection was carried out in March of this year and where "out of specification" works were identified, remedial works were instructed. These remedial works have now been completed at the Contractor's expense and as in all TTS surfacing contracts the contractor remains responsible for any defects that occur within the first twelve months

6. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT TO THE CHIEF MINISTER REGARDING MEETINGS TO DISCUSS THE HAUT DE LA GARENNE ISSUE:

Question

Would the Minister confirm that Civil Servants and politicians were meeting every day to discuss the Haut de la Garenne issue, whether they are still doing so, and the purpose of those meetings?

Answer

Following the announcement by the States of Jersey Police on Saturday, 23rd February 2008 of physical findings at Haut de la Garenne, an Emergency Co-ordination Centre (ECC) was established in the Chief Minister's Department. The ECC had the following aim:

"to ensure States of Jersey manages the issues around the Haut de la Garenne Police investigation, and any subsequent historical child abuse inquiries, in an efficient and effective manner, maintaining public reassurance, as well as the professional reputation, and economic wellbeing, of the Island."

Two distinct groups were formed with the following purposes:

1. The Chief Minister's Advisory Group - to support the Chief Minister in issues of assessment and decision-making;
2. Officer Group - to support the Chief Executive in issue assessment, management strategy development and implementation, to include overall strategy management and review, risk strategy - assessment and contingency, recording and logging.

Meeting dates – The Officer group met 11 times, from 27th February 2008 to 14th March. The Chief Minister's Advisory Group met 10 times from 28th February to 12th March. No such meetings are currently taking place but future meetings may be called should circumstances change.

7. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT TO THE CHIEF MINISTER REGARDING THE TOWN REGENERATIOIN STRATEGY:

Question

"The Draft Business Plan for 2009 contains, under Chief Minister's Department, 2009 Additional Spending Pressures' a sum of £200,000 for Town Regeneration Strategy'. Would the Minister give details of the work to which this sum relates?"

Answer

This funding pressure relates to the initial funding for the St Helier development and Regeneration Strategy. In the longer term profits from the Waterfront developments will be used, but they will not be available for some time.

Members will be aware of the proposed arrangements for driving forward the strategy for the regeneration of St Helier which are described in P.194/2007 which proposes the establishment of the Jersey Enterprise Board.

P.194/2007 proposes the setting-up of a Regeneration Task Force (RTF) which will take lead responsibility for implementing the Regeneration Strategy, and will be supported by an executive, for whose work there is presently no funding available. The establishment of RTF will enable a more cohesive, integrated, cross-departmental approach to regeneration. In the first instance, it is necessary to turn the Strategy into a detailed implementation plan, and RTF will oversee its implementation in partnership with business and developers.

The funding will replace the Urban Renewal Fund' which has been used by the Planning and Environment Department in recent years to fund schemes of improvement to parts of the Town's public realm. Examples include:

Broad St Regeneration (2005) – £530,000 New Street improvements (2005) - £90,000 Charing Cross (2005-7) - £105,000

Conway St pedestrian improvements (2007) - £215,000

It is intended that works under the Street Life' programme would continue under this funding, and would include improvements to shopping streets such as Beresford St, Waterloo St, Burrard St and Minden Place and the narrow section of Bath St. It would be used to improve the main pedestrian routes into central St Helier and some of the smaller areas of public open space around the town. The RTF could also consider using this funding for more innovative purposes in line with the strategy to improve accommodation and the environment across the wider urban area of the town and other settlements.

Additionally the funding would be used to commission more detailed local area plans for the Key Areas of Change' identified in the St Helier Strategy, and Development Briefs for large private development sites as referred to in the recent Town Development Guidelines' planning policy guidance published by the Planning and Environment Minister.

8. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT TO THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING SUPPORT FOR ECONOMIC DIVERSIFICATION:

Question

"Given that the Draft 2009 Business Plan postulates a spend of £199,000 to directly market the Island's finance industry' and a £203,000 decrease in destination marketing', would the Minister explain how this position squares with the States avowed aim to diversify the Island's economy?"

Answer

The Draft 2009 Business Plan referred to by the Deputy is a first draft of top line figures that was submitted to the Treasury in January 2008. The Economic Development Department is presently working on the detail of the 2009 States of Jersey Business Plan.

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

In addition the government is doing a great deal to diversify the economy through its Business Enterprise strategy. This will further diversify the Island's economy by broadening the business base of the Island's key industry.

As regards the visitor economy we are making better use of the funds available and we have seen growth in the sector in 2007. Early indications for the 2008 are encouraging and we will continue the change of emphasis as further investments are made in transportation through the development of the route network upon which all Jersey business is dependent.

9. DEPUTY S.S.A.P. POWER OF ST. BRELADE TO THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING MILK IMPORTATION:

Question

"Would the Minister explain how and why imported fresh milk, such as 'St. Ivel (with Omega 3)' (which contains fresh whole milk, Omega 3 (derived from fish oils) and milk proteins), is allowed to be sold in Island supermarkets and would this situation change if the Jersey Dairy decided to sell fresh milk with an Omega 3 additive?"

Answer

The Customs and Excise (Import and Export Control) (Jersey) Order 2006 requires that 'cows milk in liquid form, whether or not processed' shall not be imported except under the authority of a licence. The purpose of this restriction is to protect the local dairy industry. Licences for milk based products are only issued by Custom and Excise Department following consultation with the Economic Development Department (Rural Economy Section). EDD only recommend the issue of import licenses on modified milk products where ingredients have been added to pure milk that

provide a nutritional benefit and where an equivalent product is not available locally. Close liaison is maintained with Jersey Dairy prior to any licence being issued.

Examples of fortified milk products would be St Ivel Advance which contains Omega 3, or Flora Pro-Activ which contains plant sterols to help reduce cholesterol. Customs and Excise have currently issued licenses to some 4 businesses permitting them to import 'Omega 3' type products. For completeness other similar products which are currently licensed on import include 'mini pots' of milk and cereals which include a portion of milk in each carton ('Kellogs 2 Go') as similar products are not available from the local industry.

EDD and Jersey Dairy have been monitoring the effect of modified milk products on the Island milk market. The total liquid milk sales in Jersey amount to approximately 9.5m litres per annum. Information available to Jersey Dairy would suggest that retail sales in Jersey of Soya, Goats and Omega 3 (St Ivel Advance) milk in 2007 totaled circa £320k of which Omega 3 milk accounted for circa £110k. Using retail price per litre of 94.5p this suggests that sales of Omega milk in Jersey were circa 116k litres. Omega 3 products therefore account for 1.2% of the total milk market.

In addition, the latest market figures show that for the 52 week period ending 24/02/08, volume sales of modified milk have fallen by 35.0% to 17.1m litres, 9.2m litres less than the previous year. Consumer expenditure has also fallen over the period, by 30.8% (£6.6m) to £14.8m. The decline in sales would seem to be based on the price differential over pure milk, the products fishy taste and a realisation that you would have to drink 25litres to get the same omega 3 as one piece of salmon.

Jersey Dairy did actively consider introducing naturally enhanced omega 3 milk produced by adjusting a cow's diet with a natural meal made from lupin seed. The size of the potential market and the current declining sales in the UK of omega 3 products have demonstrated the investment costs by Jersey Dairy in the omega 3 market would not be economic. With the above in mind Jersey Dairy have no objection to the current modified milk products on sale.

10. DEPUTY S.S.A.P. POWER OF ST. BRELADE TO THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THEANNULMENTOFTHE MOTOR VEHICLES (CONSTRUCTION AND USE) (AMENDMENT) (JERSEY) ORDER 2007:

Question

"Following the States decision to annul the Motor Vehicles (Construction and Use) (Amendment No. 9) (Jersey) Order 2007 which required all heavy goods vehicles, medium goods vehicles of GLW over 3.5t and vehicles drawing trailers (among others) to display a 30' mph sticker, would the Minister advise whether the owners of the said vehicles will receive a re-imbursement to meet the costs of the redundant signage and stickers affixed to their vehicles?"

Answer

The implementation date of the Motor Vehicles (Construction and Use) (Amendment No 9) (Jersey) Order 2007 was 1st January 2008 and the act annulling the Order is dated 1st April 2008. During those dates, it was law to display a 30 mph sticker on certain vehicles and those motorists and hauliers who affixed appropriate signage or stickers did so to comply with the law. The fact it is no longer law is as a result of a States decision and not a reversal of the Minister's decision.

I understand that most of the stickers were priced about £4.50 with some of the more rigid signage being a little more. I do not consider that it is appropriate that the costs of this be reimbursed as people were correctly complying with the law as it stood at that time.

11. THE CONNÉTABLE OF ST. JOHN TO THE MINISTER FOR HOME AFFAIRS REGARDING POLICE AND CIVILIAN STAFF NUMBERS:

Question

"Would the Minister advise the Assembly of the total amount of staff employed by the States of Jersey Police on an annual basis from 1996 inclusive to date, providing a breakdown of police officers by rank and showing separate numbers for civilian staff?"

Answer

It is not possible to provide the actual amount of staff employed by the States of Jersey Police as the number of persons actually employed can vary on a weekly basis as people enter and leave the organisation. It is however possible to give some details of the authorised strength which is usually close to the number actually employed. During recent years the HR computer system used to record these details has been changed and some old records deleted. However some earlier details are available from manual sources.

The 1996 Clothier Report indicates that in 1996 the States of Jersey Police had an authorised strength of 247 police officers, 17 port control officers and 69 civilian workers.

The Police Annual Report for the same year gives the following breakdown of rank: 1 Chief Officer

1 Assistant Chief Officer

3 Superintendents

14 Inspectors

36 Sergeants

and 187 Constables

(giving a total of 242)

It is believed that this reflects actual rather than authorised strength at the time the report was written and that the force was carrying vacancies at that time.

The totals for years in respect of which more accurate records are available are as follows:

It sho uld

be not

ed that the authorised strength for constables refers to officers who have completed the initial phase of their training and who have been authorised to undertake operational duties. Recruits in training may be additional to that total.

The current actual strength and rank structure is as follows. It should be noted that these figures exclude officers who have given notice of their intention to leave the force:

1 Chief Officer

1 Deputy Chief Officer

1 Superintendent

3 Chief Inspectors

15 Inspectors

41 Sergeants

164 Operational Constables and 17 recruits in training

This gives an overall total of 226 operational officers, 19 below the authorised strength, although this should reduce to 2 below the authorised strength when the new recruits become operational in a few weeks time. It is planned to engage a further intake of recruits in January 2009 for deployment in May 2009.

Taken overall there has been no significant change in police strength during this period, although since 1996 there has been some reduction in senior ranks in favour of more junior posts and an increase  in civilian  staff,  largely to address additional requirements  in IT,  COMMS,  and the Criminal Justice System.

12. DEPUTY S.S.A.P. POWER OF ST. BRELADE TO THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE TIME LMITS FOR ABORTIONS:

Question

"Given that improvements in neo-natal care have led to increasing numbers of babies surviving at earlier stages of gestation, would the Minister consider reducing the current abortion time limit of 24 weeks?

Can the Minister give an indication to the Assembly of his position on the proposed Human Fertilisation and Embryology Bill that will be coming to the House of Commons very soon?

What is the Minister's position on the results of research by Newcastle University that has produced human-animal "admixed" embryos?

What is the Minister's position on stem-cell cord blood research, whereby medical scientific research views that the harvesting and saving of blood contained in the umbilical cords of babies could hold the key to a range of life-saving treatments?"

Answer

The Deputy is alluding to some interesting developments concerning neonatal care and forthcoming changes to legislation on the mainland which will be debated in the House of Commons very shortly. The field of neonatology and stem cell cord research is a highly complex field of medicine which has attendant ethical dilemmas of great significance.

The Deputy is quite unrealistic if he believes that by Tuesday 29th April I can put myself in a position of considering these matters of medicine and of ethics, taking authoritative professional advice, and determining my own personal political position in all of this. I am assuming that the Deputy would wish me to deal with this subject with the seriousness and the application it deserves. Accordingly, might I suggest that the Deputy and I meet with appropriate clinicians within my Department in order that we can jointly explore these matters. I can then in due course advise the Deputy of 'my position' on the matters to which he alludes.

13. DEPUTY S.S.A.P. POWER OF ST. BRELADE TO THE MINISTER FOR HOME AFFAIRS REGARDING THE USE OF VICTORIA AVENUE'S OVERTAKING LANES:

Question

"What is the position of the States of Jersey Police to vehicles driving at less than a safe and appropriate speed on both the eastbound and westbound lanes on Victoria Avenue, which are supposed to be used for overtaking?

What is the position of the States of Jersey Police on overtaking in the inside lane when drivers sit in the overtaking lane and drive well below the speed limit?"

Answer

The States of Jersey Police are committed to promoting road safety and enforcing the traffic laws and regulations. It is acknowledged that driving on any road at an exceedingly slow speed can cause danger to other road users with regard to traffic build up and frustration on the part of other road users. It is also acknowledged that "undertaking" slower moving vehicles on a dual carriageway is not best practice for motorists. The Road Traffic (Jersey) Law provides for an offence of driving without due consideration of other road users and, depending on the circumstances, motorists may be warned or reported for driving in either of these ways.

14. DEPUTY D.W. MEZBOURIAN OF ST. LAWRENCE TO THE MINISTER FOR HOME AFFAIRS REGARDING STAFF SUSPENSIONS:

Question

"Would the Chief Minister advise the Assembly of the total number of staff, by Department, who were suspended as a result of disciplinary infractions during the year 2007 and, in each case, identify  the  employee  group  concerned,  the  nature  of  the  alleged  infraction,  the  period  of suspension and the means of disposal of the case?

Would the Minister advise the Assembly of the total number of staff who were suspended during the period 2006 to 2007, and who remain suspended, and identify in each case the Department concerned, the employee group  concerned, the nature  of the alleged  infraction, the period of suspension and the reason why the employee remains suspended?"

Answer

EMPLOYEE SUSPENSIONS

Table A – This table shows in an anonymised form the employees (defined by Department) who were suspended between January and December 2007

1 Case significantly delayed due to employee sickness 2 Case significantly delayed – see note to Table B

Notes to Table A.

Consistent with my response I gave to the Deputy on this subject in 2007, despite asking for the nature of the infraction, this has not been given in this report as there is a concern that it could  be  possible  to  identify  an  individual  from  the  description  of  the  nature  of  the infraction. Given that a suspension is carried out in the first instance on an accusation that upon investigation could subsequently be unfounded, it could be considered reckless and unreasonable of the employer to run the risk of identifying an employee in this way. This is of particular concern in a small island community such as Jersey where an individual's professional reputation could be severely affected by a spurious or unfounded allegation. However, it is factual to say that suspensions are carried out due to alleged behaviour or actions which, if proven, would constitute gross misconduct.

There were 21 employees who were either suspended in 2007 or whose suspension carried over into 2007 (excepting those employees already identified in my previous report to the Deputy in early 2007). The 21 employees belonged to the following pay groups:

6 x Civil Service

3 x Police

4 x Nurses & Midwives

3 x Manual Workers

1 x Fire Service

1 x Highlands College managers

1 x Teachers

1 x Doctors & Dentists

1 x Prison Officer

As I informed the Deputy in 2007, following a report and recommendations presented to the States  Employment  Board  (SEB)  in  May  2006,  the  situation  regarding  employee suspensions in the public sector has become more closely monitored. Foremost in that report were the recommendations that:

All suspensions be notified to the Employee Relations Section of the Chief Minister's Department at the time of the suspension thus enabling the level and duration of the suspension to be monitored; and,

Chief Officers to ensure that all suspensions were formally reviewed one month from the suspension date and no less frequently than a month thereafter.

The maximum time between suspension date and the disciplinary hearing be 8 weeks (with an expectation that it will be done before that time if possible).

• The SEB continues to review all employee suspensions by way of a twice yearly report.
• Of the 21 employees suspended in 2007, a total of 17 were actually suspended in 2007, with the remaining 4 whose suspensions carried over from 2006. Of the 17 actually suspended in 2007, the SEB was pleased to note that 11 (65%) were dealt with in, or very close to, the 8 week period recommended in the above mentioned Report. The remaining cases have been generally been delayed due to the need for an internal or external investigation or because the employee has been signed off sick. These are considered by the SEB to be genuine reasons for a delay to a case being resolved.

EMPLOYEE SUSPENSIONS (CONT.)

Table B – This Table depicts the number of employees (by department) who were suspended during the period 2006 to 2007 and who remain suspended.

Notes to Table B

• There is one employee who was suspended by his Department in 2006 and who remains suspended. As identified in Tables A and B, that employee is a member of the Doctors and Dentists pay group employed in the Health and Social Services Department and has been suspended since 19/10/06. The totality of the information provided to the Deputy shows this is clearly an exceptional case and involves agencies outside of the Department for which the employee works. As explained in the notes to Table A, it is not appropriate to identify the nature of the infraction.

15. SENATOR S. SYVRET TO THE MINISTER FOR HOME AFFAIRS REGARDING THE ISSUE OF WARRANTS:

Question

"1. Will the Minister for Home Affairs supply the following information –

(a)How many warrants have been applied for by the States of Jersey Police Force in

connection with the present investigation into historic child abuse?

(b)Of those warrants applied for in connection with the present investigation, how many have

been agreed?

(c)Of those warrants applied for in connection with the present investigation, how many have

been refused?

2. For each ofthe years from1995to 2007 inclusive, will the Minister for Home Affairs provide the following information –

(a)In each year, how many warrants were applied for by the States of Jersey Police Force in

connection with child protection matters?

(b)In each year, how many of those applications were agreed? (c)In each year, how many of those applications were refused?

3. In the eventofany of the warrants referred to in questions 1 and 2 having been refused, could the Minister inform the Assembly of the reasons cited for each such refusal?"

Answer

1. (a) One arrest warrant and one search warrant. (b)The arrest warrant was granted.
   100. The search warrant was refused.
2. Senator Syvret has agreed to a 2 week extension to allow this informationto be provided by May 13th
3. Thereasongivenwasthattherewasno legislation covering the issue of warrants in the circumstances of this operation as the application did not fall within the provisions of the Police Procedures and Criminal Evidence Law.

16. SENATOR S. SYVRET TO H.M. ATTORNEY GENERAL REGARDING CONFLICTS OF INTEREST:

Question

"Will the Attorney General provide a detailed explanation of what formal, written policy exists to guide him, the Solicitor General and members of the judiciary in respect of avoiding conflicts of interest and the appearance of conflicts of interest?

Will the Attorney General explain how members of the public are able to access any such policy?" Answer

There are currently no formal written departmental policies to guide me and the Solicitor General in respect of avoiding conflicts of interest. In practice however, in a small jurisdiction like Jersey, we are conscious of the need to be sensitive to real and perceived conflicts of interest. There are a number of steps we take to avoid potential conflicts of interest including ensuring that the matter is dealt with by the appropriate Crown Officer or, in some cases, by taking independent advice. It is, for example, always the case that any criticism of the Attorney General is dealt with by the Solicitor General and vice versa. But above all, it requires an attitude of mind and a commitment to acting with integrity which is something which Islanders have always expected of their Crown Officers.

I believe, accordingly, that there are effective safeguards in place. I propose however to consider with the Solicitor General the extent to which the situation may be improved by the creation of a formal written policy and whether this would add value to the way the Crown Officers' business is done. If it is concluded that such a policy would be helpful, it would of course be made publicly available.

I have been authorised by the Bailiff to state that the Jersey Judicial Association, comprising all those exercising judicial functions in Jersey, adopted a Code of Conduct in July 2007. The Code deals, amongst other matters, with conflicts of interest. The Code has not yet been published, but I am advised the Association is giving consideration to the desirability of doing so.

17. SENATOR S. SYVRET TO THE MINISTER FOR HOME AFFAIRS REGARDING PROSECUTIONS RELATING TO CHILD ABUSE CASES:

Question

"(1) Will the Minister for Home Affairs supply the following information –

(a)How many cases for prosecution have been submitted to the Law Officers' Department by

the States of Jersey Police Force in connection with the present investigation into historic child abuse?

(b)Of those cases submitted for prosecution in connection with the present investigation, how

many have been accepted by the Law Officers' Department?

(c)Of those cases submitted for prosecution in connection with the present investigation, how

many have been rejected by the Law Officers' Department?

2. Of those individuals who have had charges against them submitted to the Law Officers' Department by the States of Jersey Police Force for prosecution in connection with the present investigation into historic child abuse –

(a)How many have been accepted for prosecution for all of the charges submitted by the

Police?

(b)How many have been accepted for prosecution for only some of the charges submitted by

the Police?

3. For each ofthe years from1995to 2007 inclusive, will the Minister for Home Affairs provide the following information –

(a)How many cases for prosecution in connection with offences relating to child abuse have

been submitted by the States of Jersey Police Force to the Law Officers' Department?

(b)Of those cases submitted, how many were accepted for prosecution? (c)Of those cases submitted, how many were rejected for prosecution?

4. Ofthose individuals who have had charges againstthem submitted for prosecution by the States of Jersey Police Force to the Law Officers' Department in each ofthe years from 1995 – 2007 inclusive –

(a)How many were accepted for prosecution for all of the charges submitted by Police?

(b)How many were accepted for prosecution for only some of the charges submitted by the

Police?

5. In the event of any of the cases for prosecution referred to in questions 1, 2, 3 and 4 having been refused, could the Minister inform the Assembly ofthe reasons cited for each such refusal?

Answer

1 (a) Two cases have been submitted. One prosecution file and one evidence bundle

have gone to the Advocates in the Law Officers Department, Morier House

2. Charges have been laid in respect of the prosecution file. A reply is pending in respect of the evidence bundle.
3. See above.

2.(a) & (b)

In respect of the file referred to above, some additional charges have been added and some may be discontinued.

3. Senator Syvret has agreed to a 2 week extension to allow this information to be provided by May 13th.
4. Senator Syvret has agreed to a 2 week extension to allow this informationto be provided by May 13th.
5. Not applicable.

18. DEPUTY G.P. SOUTHERN OF ST. HELIER TO THE CHIEF MINISTER REGARDING STATEMENTSS MADE AFTER THE IMAGINE JERSEY EVENT:

Question

In response to my question of 1st April 2008, the Chief Minister promised to give me evidence in writing that the statement "The survey and initial conference votes indicated a strong opposition to any increase in taxes and contributions" was correct; will he now do so?

Answer

All the evidence is presented in the report of the consultation findings published by Involve in February 2008. This document is publicly available and the Deputy continues to make selective quotes and ignores the context within which they are made. The section from Involve's report referring to all the information that came out of the Imagine Jersey consultation process is reproduced below so that members can see exactly what was reported.

"There were mixed feelings among participants about the proposals to increase taxes and contributions to maintain current levels of public services. The submissions to the written consultation revealed a level of support for paying more, although some respondents stated that they would only support this if the finance industry would not be adversely affected, or only if the States of Jersey did more to control spending.

The survey and the initial conference votes indicated a strong opposition to any increase in taxes and contributions. However, when asked how much more people were prepared to pay, few participants maintained this position. In fact, when asked to come up with their own answers to the predicted budget deficit in 2035, all of the citizen groups choose to include an increase in taxes and contributions as part of their solution.

This may mean that whilst people do not actively support increases in taxes and contributions, many are willing to accept some level of increase in order to sustain public services.

Concerns raised in response to this option related to how tax increases would affect the cost of living, in particular for those less well off, and how it  would affect Jersey's attractiveness to overseas businesses.

Suggestions put forward included paying directly for some services, introducing social insurance schemes and raising the taxes for businesses and high earners."

19. DEPUTY G.P. SOUTHERN OF ST. HELIER TO THE MINISTER FOR SOCIAL SECURITY REGARDING G.P. CHARGES AND THE IMPACT OF THE REMOVAL OF TRANSITION SUPPORT:

Question

The Minister for Social Security will table an answer to the following question asked by Deputy G.P. Southern of St. Helier –

1. Furthertomyquestionof1stApril2008regarding Household Medical Accounts (HMAs) will the Minister give the level of means assessment previously applied to Health Insurance Exemption (HIE) applicants, and list those benefits that were disregarded, along with that currently applied for Income Support(IS) in the caseof households containing a single individual?

Answer

The table below sets out whether or not benefits were included in the income assessment of HIE and Income Support

* These benefits have all been replaced by Income Support. HIE status was only available to certain individuals:

It was available to lone parents with children under 11, who did not work more than 25 hours per week.

It was available to pensioners who did not work more than 25 hours per week.

It was available to individuals with a 75% (or higher) LTIA award who did not work more than 25 hours per week

If the individual satisfied the conditions for HIE status, it was granted to a single person with an assessed income, excluding rent, of less than £145.50 per week and to a couple with up to £241.35 per week. These limits were increased for lone parents with dependant children.

Income support is available to anyone with an income below the limit set for their circumstances. As it takes account of personal circumstances, there is no single limit to receive income support. A single person, living in States accommodation at the fair rent of £143.50 per week, can have a gross income of up to £306.73 per week (if working) and £296.03 (if a pensioner) and qualify for income support. An individual with a disability or chronic illness is likely to qualify for additional assistance, which will increase the level to which benefit is paid.

Question

2. Can he yet confirm that all GPs will not charge the previously agreed £5 fee per visit directly to the patient, and that this has now been agreed with GP representative bodies? Further, will he state what the average payment per visit to a GP was to be paid froman individual's HMA under the previous arrangement (with £5 direct) and whether this will change under the new arrangement, and if so how?

Answer

GPs in Jersey are independent businesses and will set their own fees, there is no statutory framework under which they are required to charge specific fees. A GP in Jersey may be a member of the Primary Care Body (formerly the Jersey Medical Society). This organisation is a non statutory professional association and membership is voluntary. The £5 consultation charge was originally proposed by GP representatives but most if not all surgeries have decided not to implement the charge.

The standard rate of saving for an HMA has been set at £0.49 per week per visit (on an annual basis). 49p per week represents £25.48 per annum, plus the medical benefit that is provided through the Health Insurance Law provides a total of £40.48 per visit.

We will monitor these rates carefully to ensure that they cover the average cost of a GP visit. GPs have historically provided a high rate of discounting within their fee structure and this needs to be taken into account when setting benefit rates.

Question

3. Is the Minister now in a position to confirm that where a person on IS, whether with a HMA or not, requires home visits from their GP, the full costs of these visits is not allowed for in the calculation ofthe level ofIS, and if so, will he assure IS recipients and GPs that these costs will be met from special payments?

Answer

If a person on income support does not have an HMA, the person is responsible for their GP costs, as they were before the introduction of income support. If the person has a serious illness requiring a number of home visits, or any other exceptional medical expenses, they can apply for a special payment under Income Support (Special Payments) (Jersey) Regulation 2007.

If a person on income support has an HMA, the level of saving will be set to match the expected number and cost of visits for that individual. As HIE was not based on an individual's clinical need, the Department does not have all the medical facts to set an appropriate rate tailored to the individual's medical need. It is necessary to have the individual's consent to obtain relevant medical facts and as such information is being gathered at present. It will thus take some time to complete this for all households with an HMA. In the meantime, individuals have been allocated a level of savings sufficient to cover 8 or 12 surgery visits per annum. This funding can of course be used in respect of a smaller number of home visits, or some combination of the two. Special payments are available for additional GP medical services.

If an individual has need of regular home visits, GPs can and are writing to the Department to confirm this need and thus the necessary arrangements regarding the HMA can be made to pay additional benefit into these accounts.

Question

4. Does the Minister accept that the removal of free access to a GP under HIE, which covered many households on the lowest incomes, and its replacement with HMA rather than making these households better off under IS has made them in fact worse off?

Answer

No, those on the lowest incomes have benefited from the introduction of income support. Question

5. Not withstanding his answer above, will the Minister explain to members how the following example, which typifies what Social Security actually delivers for many single people, transfers benefits to the least well off?

Previous weekly income = £165.76 (Invalidity Benefit). States Rent = £118.95 less abatement £80.43 = rent £38.52 = net After Housing Cost (AHC) disposable income = £127.24 with free access to GP (monthly visits)

Current weekly income = £165.76 (Invalidity Benefit)

Transition = £80.43 split Housing £74.55 HMA = £5.88

Rental payment = £44.40

Net AHC disposable income = £165.76 – £44.40 – £5.88 = £115.44

This person's calculated IS is £74.62 therefore when transition support is removed in October

of this year he will be a further £5.81 worse off (before adjustment for GST and indexation). This person will have £17.61 less available to spend than he did in January.

Future Net AHC disposable income = £109.63

Can the Minister justify a reduction of nearly 14% in this person's disposable income under

Income Support? Does this person, and many hundreds like him, qualify as one of the better off who were bound to be losers? Will he point out where, in any documentation or speech he has given to members, has he indicated that those existing on a single benefit were to be made worse off under his new scheme? Did he know that such an outcome would result from his scheme and if so, when did he know, and if not why not?

Answer

I can assure members that the example set out by the Deputy does not "typify what Social Security actually delivers" as it contains many errors and completely misrepresents the new system.

The Deputy suggests that the Income Support for this individual is £74.62. There is no explanation of this figure. The calculation of income support for a single person receiving invalidity benefit and paying £118.95p per week rent is as follows:

In  addition,  Income  support  now  provides   two  additional  levels  of  personal  care component that were not previously available. If this individual has a long term medical condition or disability, they are likely to qualify for one of these two new benefits.

If the individual qualified for the lowest rate personal care component, their benefit would be increased to £105.30 per week.

The question suggests that the individual is receiving transition support which will be removed in October. This is not correct. This individual is receiving Income Support at a higher rate than previous cash benefits and he will see an increase in Income support components in October 2008.

Question

6. Is  the  Minister  aware,  and  if  so when  was  he  aware,  that the  status  of Attendance Allowance was to be radically changed under his IncomeSupport scheme in that this payment  "for  people  who are  severely  disabled,  who  need  constant  care  by  day or night.. payable in addition to any ofour benefits or allowances" (SS doc AA1, April 1998) is now not disregarded in the calculation for the level ofIS and has therefore been effectively removed from many households?

Answer

Attendance Allowance is one of the 14 benefits that has been replaced by Income Support. As such, it no longer exists. Individuals with high personal care needs receive a personal care component under the Income Support Scheme.

Income Support has introduced 2 components that had no direct equivalent in the previous system. The personal care level 1 component provides £20.37 per week to individuals with some personal care needs and the carer's component (£41.79 per week) provides additional support to a full time carer in an Income Support household.

Question

7. Will the Minister point to any document or speech he has delivered to members which clearly setsoutthatoneof the consequencesofthe introduction ofIS would be to remove this benefit from many households?

Answer

The States have debated propositions in relation to income support in 2004, 2005, 2006 and 2007. An RC was also published in 2004. The income support proposals have been subject to in-depth scrutiny analysis including two published reports SR 5/2006 and SR 17/2007. Public consultation has been undertaken. There are references to the replacement of disability benefits in all public documentation and each of the above States debates.

Question

8. In P.90/2007, Schedule 1 Part 2: Special Components B: Impairment Component, it states –

"The impairment component replaces existing non-contributory disability benefits (such as

Attendance Allowance and Disability Transport Allowance) the fundamental principle in this benefit replacement is a move from effectively a "universal" system of benefits to a targeted "means-tested" system. In a means-tested system there are no lump sums paid regardless of income and instead benefit decreases from a maximum figure as income rises until no benefit is received a t all."

Will the Minister clearly set out for members the income levels over which the means test

operates and the deduction rate applied in the case of –

9. a couple where one person is on attendance allowance and the other is in receipt of carers allowance;

(ii)a couple where one person is caring for a child with disability in receipt of attendance

allowance?

Answer

Members will be well aware that income support provides targeted benefit to low income families dependent on their income, rent and other personal circumstances. There are no fixed income levels. However, to illustrate the level of support that is available here are two examples. In both cases, a household with high personal care needs is compared with a household with no additional care needs.

1. Married couple, living in one bedroom states flat:

Household A. One individual is disabled and receives the level 3 personal care component The partner cares for the disabled person.

Household B. The same married couple but without high personal care needs

This represents the maximum Income Support payable.

2. Married couple, living in a three-bedroom states house, with two children, Household A: one child has a severe disability.

Household B: The same household but with no personal care needs

As  household  income  increases,  Income  Support  benefit  will  be  withdrawn  until  the household assessed income exceeds the Income Support components.

Question

(i) In 2006 there were 762 recipients of attendance allowance at around £400 per month. Will the Minister inform members how many of those recipients are now in receipt of the equivalent of the personal care elements under IS and at what level of payment?"

Answer

Every  individual  who  applied  for  Income  Support,  and  previously  was  in  receipt  of attendance allowance, has been automatically allocated personal care component at level 3, with a component value of £122.85 pw, compared to a weekly value of attendance allowance of £102.63 pw. An additional component, the Carer's component (£41.79 per week) is now available to a carer looking after an individual with high personal care needs.

As members are aware, all income support households receiving income support at a rate below that of their previous benefit, are fully protected to the same level of benefit until October 2008. I gave an undertaking in the States on April 1 to produce a full report to States members on transitional benefits in May 2008 and I would like to maintain this timetable.

However,  I  must  point  out  that  there  is  an  impact  on  officer  resources  which  are continually diverted to answer the Deputy 's questions and address the misleading claims that they make. This may lead to a delay in the production of the report on transition.

20. DEPUTY S. PITMAN OF ST. HELIER TO THE CHIEF MINISTER REGARDING THE COMMUNITY RELATIONS TRUST:

Question

Would the Chief Minister inform members as to the breakdown of expenditure, per year, of the Community Relations Trust since it was officially established?

Answer

The breakdown of expenditure, per year, of the Jersey Community Relations Trust since it was established is as follows:

2005 £70,851 2006 £56,089 2007 £23,461

21. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR TO THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE RUNNING COSTS OF GREENFIELDS:

Question

"What are the weekly running costs for Greenfields?"

Answer

The new Secure Unit on the Greenfields site was opened in October 2006 at a cost of £6m.

I perhaps need to remind the Deputy that the purpose of Greenfields is to provide a high standard of care for children – children who may exhibit extremely challenging behaviour. This extremely challenging behaviour can puts these children themselves at risk (from self harm), which puts other children at risk, and which puts staff at risk. To provide the appropriate level of care to children and the appropriate staffing resources to protect against harm – as well as optimising the life chances of the children residing there, the weekly running costs' of Greenfields are £15,873.00 per week when the secure unit is fully operational with eight clients residing there. This means that the weekly cost of placing a child at Greenfields is £1,984.00.

It is a mark of the success of Greenfields and the supporting range of services to children and families provided by the Children's Executive that the new Greenfields Centre has never been fully occupied. Occupancy levels have varied since its opening in October 2006 from no child being located there to five children at the same time.

It will always be the case that in a small island community there will be considerable volatility in the numbers of children placed in such a specialist centre. When staff are not required to work in Greenfields they are deployed to other services which includes the children's homes of Heathfields and Le Preference, the Youth Action Team and other such services. This ability to "flex" staffing in this way to meet sharp and volatile fluctuations of demand at Greenfields is good practice in a small island and a means of ensuring good value for the tax payer.

22. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR TO THE MINISTER FOR HOME AFFAIRS REGARDING THE USE OF FILM AND PHOTOGRAPHIC FOOTAGE OF PUBLIC EVENTS:

Question

"Would the Minister outline the policy applied by the Police when videotaping and photographing demonstrations and other public events and advise as to what use the photos and videos are put?"

Answer