States Meeting Transcript - 03/02/2009

STATES OF JERSEY

OFFICIAL REPORT

TUESDAY, 3rd FEBRUARY 2009

MATTERS OF PRIVILEGE .....................................................................8

1. Connétable J. Gallichan of St. Mary (Chairman, Privileges and Procedures Committee):8

1. Senator S. Syvret:........................................................................8
2. Deputy P.V.F. Le Claire of St. Helier : ...................................................9 The Bailiff :....................................................................................9
3. Deputy M.R. Higgins of St. Helier:......................................................9
4. Senator S. Syvret:........................................................................9 The Deputy of St. John:........................................................................9
5. The Connétable of St. Mary:............................................................10

NOTIFICATION OF VOTING ERROR .......................................................11

2. The Deputy of St. John:................................................................11

QUESTIONS.....................................................................................13

3. Written Questions.......................................................................13

1. THE CONNÉTABLE OF ST. LAWRENCE OF THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING SCHOOL SUSPENSIONS:..................13
2. THE DEPUTY OF ST. JOHN OF THE MINISTER FOR SOCIAL SECURITY REGARDING A REVIEW OF OFFSHORE COMPANIES' REDUNDANCY POLICIES:.............................................................................15
3. THE DEPUTY OF ST. JOHN OF THE CHAIRMAN OF THE COMITÉ DES CONNÉTABLES REGARDING THE 2008 ELECTIONS:............................15
4. THE DEPUTY OF ST. JOHN OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE ANNUAL FUEL COSTS TO ALL STATES DEPARTMENTS:......................................................................16
5. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE PROVISION OF BAGGAGE SPACE ON BUSES TO THE AIRPORT:.................................18
6. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING GREATER EFFICIENCIES WITHIN THE EDUCATION, SPORT AND CULTURE DEPARTMENT:............18
7. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING LAYING NEW POLICY INITIATIVES BEFORE THE STATES:...............................................19
8. THE DEPUTY OF GROUVILLE OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE APPOINTMENT OF A U.K. CONSULTANT TO DRAW UP A SOCIAL NEEDS HOUSING POLICY:.............................20
9. THE DEPUTY OF GROUVILLE OF THE CHAIRMAN OF THE COMITÉ DES CONNÉTABLES REGARDING THE CRITERION FOR ADMITTING PEOPLE ONTO PARISH WAITING LISTS FOR SHELTERED HOUSING:...................22

10. DEPUTY P.V.F. LE CLAIRE OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE HEALTH AND SOCIAL SERVICES DEPARTMENT'S TRAVEL POLICY:................................................23
11. THE DEPUTY OF ST. MARTIN OF THE CHIEF MINISTER REGARDING THE ARCHITECTS EMPLOYED WITHIN THE PROPERTY HOLDINGS SECTION:...25
12. THE DEPUTY OF MARTIN TO THE CHIEF MINISTER REGARDING THE UNITED NATIONS CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES:........................................................................27
13. DEPUTY S.S.P.A. POWER OF ST. BRELADE OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE USE OF STATES LAND FOR ALLOTMENTS:.......................................................................29
14. THE CONNETABLE OF ST. LAWRENCE OF THE CHIEF MINISTER REGARDING THE TOTAL NUMBER OF STAFF SUSPENSIONS DURING 2008: 29
15. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE NUMBER OF ONE-BED FLATS UNDER CONSTRUCTION OR WITH PLANNING PERMISSION IN 2008 AND 2009:......32
16. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGRADING THE ON-LINE AVAILABILITY OF THE OXERA REPORT INTO LAND VALUE TAX: ................................................33
17. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE IMPACT OF CHANGES IN CIRCUMSTANCES TO INCOME SUPPORT RECIPIENTS:...................................................33
18. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING A LIKE FOR LIKE COMPARISON OF BENEFIT SYSTEMS:.............................................................................36
19. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING CHARGES FOR X-RAYS AND OTHER SCANS FOR THOSE ON INCOME SUPPORT:......................................37

4. Oral Questions...........................................................................38

1. Deputy R.G. Le Hérissier of St. Saviour of the Minister for Health and Social Services regarding the policy in respect of private work undertaken by Hospital consultants: ....38 Senator J.L. Perchard (The Minister for Health and Social Services):.........................38

1. Deputy R.G. Le Hérissier: ..............................................................38
2. Senator S. Syvret:......................................................................38
3. Deputy R.G. Le Hérissier: ..............................................................39

2. Deputy S. Power of St. Brelade of the Minister for Economic Development regarding the costs of travelling to St. Malo by Condor from Jersey to Weymouth:...................39 Senator A.J.H. Maclean (The Minister for Economic Development):.........................39

1. Deputy S.Power:.......................................................................40
2. Deputy J.B. Fox of St. Helier:..........................................................40
3. Deputy R.G. Le Hérissier: ..............................................................40
4. The Deputy of St. John:................................................................40
5. Deputy M.R. Higgins of St. Helier:.....................................................41
6. Deputy S.Power:.......................................................................41

3. Deputy G.P. Southern of St. Helier of the Minister for Social Security regarding the introduction of protection for Jersey employees from redundancythroughinsolvency:.41 Deputy I.J. Gorst of St. Clement (The Minister for Social Security):..........................42

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

4. Deputy F.J. Hill of St. Martin of the Chief Minister regarding the implementation of the Draft Human Rights (Jersey) Law (P.197/99):..........................................42

Senator T.A. Le Sueur (The Chief Minister):.................................................42

1. The Deputy of St. Martin:..............................................................43
2. Deputy M.R.Higgins:..................................................................43
3. Deputy G.P. Southern :..................................................................43
4. Senator S. Syvret:......................................................................44
5. Deputy A.E. Jeune of St. Brelade:......................................................44
6. The Deputy of St. Martin:..............................................................44

5. Deputy P.V.F. Le Claire of St. Helier of the Minister for Health and Social Services regarding the policy for overseas travel support for patients:............................44 Senator J.L. Perchard (The Minister for Health and Social Services):.........................44

1. Deputy P.V.F. Le Claire: ...............................................................45
2. Deputy P.V.F. Le Claire: ...............................................................45
3. Deputy P.V.F. Le Claire: ...............................................................45

6. Deputy S. Power of the Minister for Economic Development regarding airlines' limits on hold baggage at holiday times:..........................................................45 Senator P.F. Routier (Assistant Minister for Economic Development - rapporteur):..........46

1. Deputy S.Power:.......................................................................46
2. Senator S.C. Ferguson:.................................................................46
3. Connétable D.W. Mezbourian of St. Lawrence:........................................46
4. The Connétable of St. Lawrence:.......................................................47
5. The Deputy of St. John:................................................................47
6. Deputy G.P. Southern :..................................................................47
7. Deputy J.B. Fox:........................................................................48
8. Deputy S.Power:.......................................................................48

7. Deputy J.A. Martin of St. Helier of the Minister for Social Security regarding appropriate replacements for H.I.E. Travel cards and free Activecards:............................48 Deputy I.J. Gorst (The Minister for Social Security):.........................................48

1. Deputy J.A. Martin:....................................................................49
2. Deputy P.V.F. Le Claire: ...............................................................49
3. Deputy J.A. Martin:....................................................................49
4. Deputy G.P. Southern :..................................................................49
5. Connétable M.K. Jackson of St. Brelade:...............................................50

8. Deputy C.F. Labey of Grouville of the Minister for Housing regarding waiting lists for housing built on re-zoned land:.........................................................50 Senator T.J. Le Main (The Minister for Housing): ............................................50

1. The Deputy of Grouville :...............................................................50
2. Deputy J.A. Martin:....................................................................51
3. Deputy D.J.A. Wimberley of St. Mary:.................................................51
4. Deputy G.P. Southern :..................................................................51
5. Deputy T.M. Pitman of St. Helier:......................................................51
6. Deputy J.A. Martin:....................................................................52
7. The Deputy of Grouville :...............................................................52

9. Deputy A.E. Pryke of Trinity of the Minister for Health and Social Services regarding the provision of care beds for the elderly in the Island: .................................52 Senator J.L. Perchard (The Minister for Health and Social Services):.........................52

1. The Deputy of Trinity :..................................................................53
2. Deputy P.V.F. Le Claire: ...............................................................53
3. Deputy R.G. Le Hérissier: ..............................................................53
4. Deputy P.V.F. Le Claire: ...............................................................53
5. The Deputy of Trinity :..................................................................53

10. The Deputy of St. Martin of the Minister for Home Affairs regarding the involvement of the Association of Chief Police Officers in the Historic Child Abuse Enquiry:..........54

Senator B.I. Le Marquand (The Minister for Home Affairs): .................................54

1. The Deputy of St. Martin : ...........................................................54
2. The Deputy of St. Martin : ...........................................................54
3. Senator S. Syvret:....................................................................54

11. Deputy P.V.F. Le Clare of the Chief Minister regarding the need for passports when travelling to the United Kingdom from2014:...........................................55 Senator T.A. Le Sueur (The Chief Minister):.................................................55

1. Deputy P.V.F. Le Claire:............................................................55
2. Deputy P.V.F. Le Claire:............................................................55

12. Deputy G.P. Southern of the Minister for Treasury and Resources regarding the deferral of "20 percent means 20 per cent" taxation proposals on middle and high earners: ....56 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................56

1. Deputy G.P. Southern : ..............................................................56
2. Deputy G.P. Southern : ..............................................................56

13. Deputy R.G. Le Hérissier of the Minister for Health and Social Services regarding lessons learnt following the death of a patient during an operation:.....................57 Senator J.L. Perchard (The Minister for Health and Social Services):.........................57

1. Deputy R.G. Le Hérissier:...........................................................57
2. Deputy R.G. Le Hérissier:...........................................................57
3. Senator S. Syvret:....................................................................58
4. Deputy P.V.F. Le Claire:............................................................58
5. Deputy R.G. Le Hérissier:...........................................................59

14. The Deputy of St. John of the Minister for Treasury and Resources regarding staff purchase cards:.........................................................................59 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................59

1. The Deputy of St. John:..............................................................59
2. Senator S.C. Ferguson:..............................................................59
3. The Deputy of St. John:..............................................................60

15. Deputy T.M. Pitman of the Minister for Chief Minister regarding an inquiry into the suspension of the Chief Officer of the States of Jersey Police: ..........................60 Senator T.A. Le Sueur (The Chief Minister):.................................................60

1. Deputy T.M.Pitman:................................................................60
2. The Deputy of St. Martin : ...........................................................60
3. Connétable A.S. Crowcroft of St. Helier : ............................................61
4. Deputy P.V.F. Le Claire:............................................................61
5. Deputy M.R.Higgins:...............................................................61
6. The Deputy of St. John:..............................................................61
7. Senator S. Syvret:....................................................................62

5. Questions to Ministers Without Notice - The Minister for Education, Sport and Culture...................................................................................62

1. The Deputy of Grouville :...............................................................62 Deputy J.G. Reed of St. Ouen (The Minister for Education, Sport and Culture):..............62
2. The Connétable of St. Helier:...........................................................62
3. Senator B.E. Shenton:..................................................................63
4. The Deputy of St. Martin:..............................................................63
5. Deputy G.P. Southern :..................................................................63

5.5.1 Deputy G.P. Southern :..................................................................64

6. Senator S.C. Ferguson:.................................................................64
7. Senator S. Syvret:......................................................................64
8. The Connétable of St. Clement:........................................................64
9. Deputy S. Pitman of St. Helier:.........................................................65

10. The Connétable of St. Lawrence:.......................................................65
11. Senator P.F. Routier: ...................................................................65
12. Deputy R.G. Le Hérissier: ..............................................................66

6. Questions to Ministers Without Notice - The Minister for Health and Social Services ...........................................................................................66

1. Deputy J.A. Hilton of St. Helier:........................................................66 Senator J.L. Perchard (The Minister for Health and Social Services):.........................66

1. Deputy J.A. Hilton:.....................................................................66
   2. The Deputy of Trinity :..................................................................67
   3. The Connétable of St. Helier:...........................................................67
   4. Senator S. Syvret:......................................................................67

6.4.1 Senator S. Syvret:......................................................................68

5. Deputy R.G. Le Hérissier: ..............................................................68

6.5.1 Deputy R.G. Le Hérissier: ..............................................................68

6. Deputy A.E. Jeune :.....................................................................68
7. The Deputy of St. John:................................................................69
8. Senator S.C. Ferguson:.................................................................69

STATEMENT ON A MATTER OF OFFICIAL RESPONSIBILITY.........................70

7. Statement by the Minister for Health and Social Services regarding a review following the death of a patient during an operation: ............................................70

7.1 Senator J.L. Perchard (The Minister for Health and Social Services):...................70

1. Senator S. Syvret:......................................................................71
2. The Deputy of St. Martin:..............................................................71

3. Deputy R.G. Le Hérissier: ..............................................................71
4. Deputy R.G. Le Hérissier: ..............................................................72
5. The Deputy of St. John:................................................................72
6. The Deputy of St. John:................................................................72
7. Deputy A.E. Jeune :.....................................................................72
8. Deputy A.E. Jeune :.....................................................................73
9. Deputy T.M.Pitman:...................................................................73
10. Senator S. Syvret:....................................................................73

PUBLIC BUSINESS.............................................................................74

8. Draft Gender Recognition (Jersey) Law 200- (P.174/2008)............................74

1. Senator T.A. Le Sueur (The Chief Minister):...........................................74 Senator S.C. Ferguson (Chairman, Corporate Affairs Scrutiny Panel):........................77
2. Senator T.A. Le Sueur:.................................................................77

1. Deputy R.G. Le Hérissier...............................................................78
2. The Deputy of St. Martin:..............................................................78 Mr. T.J. Le Coq Q.C., H.M. Solicitor General:................................................78
3. Deputy J.A. Martin:....................................................................78
4. Senator T.A. Le Sueur:.................................................................78

3. Senator T.A. Le Sueur:.................................................................80

4. Draft Gender Recognition (Jersey) Law 200- (P.174/2008): amendment (P.174/2008 Amd.)....................................................................................82

LUNCHEON ADJOURNMENT PROPOSED..................................................82 The Deputy Bailiff :...........................................................................82

LUNCHEON ADJOURNMENT................................................................82

PUBLIC BUSINESS - resumption..............................................................82

1. Senator T.A. Le Sueur (The Chief Minister):...........................................82
2. Deputy M. Tadier of St. Brelade:.......................................................83
3. Deputy T. Pitman: ......................................................................85
4. Deputy M.R.Higgins:..................................................................86
5. Deputy J.A. Martin:....................................................................86
6. Senator S.C. Ferguson:.................................................................86
7. Senator B.E. Shenton:..................................................................87
8. The Very Reverend R.F. Key, B.A., The Dean of Jersey:...............................87

9. Deputy G.P. Southern :..................................................................88
10. The Deputy of St. John:..............................................................89
11. The Connétable of St. Helier:........................................................89
12. Deputy A.E. Jeune : ..................................................................90
13. Deputy R.G. Le Hérissier:...........................................................90 The Solicitor General:........................................................................90
14. Senator S. Syvret:....................................................................91
15. Senator B.I. Le Marquand:..........................................................92
16. The Connétable of St. Clement:......................................................92
17. The Deputy of St. Martin : ...........................................................92
18. Senator P.F.C. Ozouf : ...............................................................93
19. Senator P.F. Routier:................................................................94
20. Deputy J.M. Maçon of St. Saviour : ..................................................94
21. Connétable J.L.S. Gallichan of Trinity : ..............................................95
22. The Connétable of St. Mary : ........................................................95
23. The Deputy of St. Mary:.............................................................95
24. Senator T.A. Le Sueur:..............................................................96

5. Draft Gender Recognition (Jersey) Law 200- (P.174/2008) as amended...............98

8.5.1 Senator T.A. Le Sueur:.................................................................98

ARRANGEMENT OF PUBLIC BUSINESS..................................................100

9. The Connétable of Mary:..............................................................100

9.1 The Deputy of St. Mary:..............................................................100 The Connétable of St. Brelade : ..............................................................101 The Connétable of St. Mary:................................................................101 Deputy M.R. Higgins:.......................................................................102

10. Draft Employment (Minimum Wage) (Amendment No. 5) (Jersey) Regulations 200- (P.180/2008)............................................................................102

10.1 Deputy I.J. Gorst (The Minister for Social Security):..................................103

1. Deputy R.G. Le Hérissier:..........................................................103
2. Deputy A.K.F. Green of St. Helier : ................................................103
3. Deputy M. Tadier :..................................................................103
4. Deputy G.P. Southern : .............................................................104
5. The Deputy of St. John:............................................................104
6. Senator A. Breckon:................................................................104
7. Deputy I.J. Gorst :..................................................................105 Senator A. Breckon (Chairman, Health, Social Security and Housing Panel): ...............106

11. Draft Companies (Amendment No. 10) (Jersey) Law 200- (P.185/2008) .............106

11.1 Senator A.J.H. Maclean (The Minister for Economic Development):..................107

1. Deputy R.G. Le Hérissier:..........................................................107
2. Senator A.J.H. Maclean:............................................................107 Deputy M.R. Higgins (Chairman, Economic Affairs Scrutiny Panel):.......................108

12. Draft Companies (Amendment No. 3) (Jersey) Regulations 200- (P.186/2008)......109 Senator A.J.H. Maclean (The Minister for Economic Development):........................109
13. Rôle of Unelected Members of the States: review (P.5/2009) .........................109

1. The Deputy of St. Martin:.............................................................110

2. Rôle of Unelected Members of the States: review (P.5/2009) - second amendment (P.5/2009 amd.).........................................................................113

1. The Connétable of St. Mary (Chairman, Privileges and Procedures Committee):...113
2. The Deputy of St. Martin : ..........................................................114
3. Deputy R.G. Le Hérissier:..........................................................115
4. Deputy T.M.Pitman:...............................................................116
5. The Connétable of St. Helier:......................................................116
6. Deputy M. Tadier :..................................................................117
7. Senator T.A. Le Sueur:.............................................................118

7. The Deputy of St. John:............................................................119
8. Senator P.F.C. Ozouf : ..............................................................119 The Deputy Greffier of the States (in the Chair):............................................121

ADJOURNMENT..............................................................................121

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

MATTERS OF PRIVILEGE

The Bailiff :

I have been notified that the Chairman of the Privileges and Procedures Committee wishes to raise a matter of privilege.

1. Connétable J. Gallichan of St. Mary (Chairman, Privileges and Procedures Committee): I wrote to you last week to give notice as required under Standing Order 8 but I wish to raise a matter that my committee considers affects the privileges of the States. Following the in camera debate during the last sitting on the proposition of the Connétable of St. Helier, Senator Syvret published information about the content of the in camera debate on his internet blog site. It would clearly be inappropriate for me to refer to what he wrote except to say that he made it very clear that he was aware that he was knowingly publishing this material, even though the debate had been held in camera as required by the Police Force (Jersey) Law 1974 and that he might be sanctioned for that action. If you agree that this matter affects the privileges of the States, Standing Order 60 allows me to propose any matter relating to it without notice. I do not believe that it would be appropriate to hold any substantive debate on this matter today but I would like to propose that the issue is formally referred to P.P.C. (Privileges and Procedures Committee) to allow my committee to investigate it, to allow Senator Syvret to address us if he wishes to do so and to consider what action, if any, is appropriate. I appreciate that the information in question has also been published in the Jersey Evening Post and it is therefore possible that one or more other anonymous Members may have revealed this information to a journalist. If that Member or those Members were to reveal who they are I would also propose that this issue be referred formally to the P.P.C.

The Bailiff :

I am satisfied, Madam Chairman, that the matter raised by you is a matter which affects the privileges of the States. I take it now that Member wishes to disclose that he or she has spoken to a journalist in which case Madam Chairman, how do you wish to proceed?

The Connétable of St. Mary :

As indicated, I would wish to make the proposition that the issue is formally referred to the P.P.C. to allow the committee to investigate it.

The Bailiff :

Is that proposition seconded? [Seconded]

Deputy P.J. Rondel of St. John :

I saw the Senator's light on the far side prior to you referring back to the president of P.P.C., Sir, I believe he did have something to say.

The Bailiff :

If you had been not rising from your seat, Deputy , I was going to turn to Senator Syvret to invite him to speak.

1. Senator S. Syvret:

I have really no idea why this matter should be referred formally to P.P.C. They plainly have the power quite autonomously to investigate any matter they consider to fall within this kind of remit. So, this exercise is largely symbolic. It will also be a waste of the committee's time and the staff's resources because I have absolutely no regrets whatsoever about publishing the information I did. It was a profoundly important piece of public disclosure information, the public good required that it be known. I am not going to withdraw anything I said. I am not going to apologise for anything I have done so really the committee or the Assembly may as well just decide what they want to do because that is the decision.

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

Just to say, I do find it bizarre that in a grandstanding way this has been requested to be referred to the P.P.C. when it is completely within their power to investigate which matters they choose to, and if they need to seek clarification on whether the matters of privilege affected the States, they could write to you, they could meet with you, as I have done in the past, to discuss those issues and there is no need to prejudice any outcome by grandstanding this issue or other issues in the future by requesting formal referrals.

The Bailiff :

Deputy , if I may say so; I think that the Privileges and Procedures Committee is proceeding entirely in accordance with Standing Orders. Standing Orders requires the committee or any Member who thinks that a matter of privilege is in question to refer the matter to the Bailiff , the chairman has done that, and then to raise it on the floor of the Assembly, the chairman has done that, and the chairman could proceed this morning to raise a substantive proposition, but she has told Members that she wishes to give Senator Syvret the opportunity to say anything to the committee which he might, on reflection, wish to do. That seems to be an entirely proper way to proceed.

3. Deputy M.R. Higgins of St. Helier :

Just as a point of information for the States; this matter was referred to P.P.C. at its previous meeting by the Bailiff himself who brought up the question of privilege, so in the interests of transparency that should be revealed.

The Bailiff :

Does any other Member wish to speak?

4. Senator S. Syvret:

If I may make a further point in relation to what Deputy Higgins just said? I was going to say this at some point in any event, but it is clear you have played a role in this action. You are personally conflicted in this. You have made your views abundantly clear - for example, the Liberation Day speech - exactly what you thought of the child abuse investigation, all of which has a bearing on the suspension of the Chief Constable of the States of Jersey Police Force so you, personally, have a clearly biased position in this and you are conflicted. So it seems to be wholly inappropriate for you to be chairing any such matter.

The Bailiff :

I do not wish to enter into the debate, Senator. I am sitting in the Chair, but I will say in response to Deputy Higgins' intervention that I was invited by the Greffier in the light of the matter which had been raised to give advice to the Privileges and Procedures Committee and I attended on the Privileges and Procedures Committee for that purpose. Now, Madam Chairman, do you wish to respond to any of the points made? Sorry, the Deputy of St. John .

The Deputy of St. John :

I do not know if this is the right moment to raise this, but it is to do with the procedures during an in camera debate and also obviously because P.P.C. are on their feet at the moment, but at the end of the debate when we took the vote, the vote is usually pour or contre and it was given in English, hence I voted when the chair is it for or against immediately I pressed the A, my mind was still in the ..

The Bailiff :

Can we come to that in just a moment, we are in the middle of a debate. Anything you wish to say in response, Madam Chairman?

5. The Connétable of St. Mary :

Merely, that the concept of parliamentary privilege is an extremely important one. I fundamentally believe that the privileges of the States must be defended, just as I believe that all Members of the Assembly are equally bound by the Standing Orders and should be treated without partiality. I attended the traditional welcome for the new Members which was given earlier this year as part of the induction programme and it was given this year by the Deputy Bailiff . He was at great pains to inform the new Members that they would be entering a parliament, not a debating club, not a county council. I seem to recall that you, yourself, have given that advice before. There is a great difference and I believe that we must strive to uphold our standards and to defend the privileges of the States. I would remind Members that this proposition is merely calling for the matter to be investigated formally. I make the proposition, and ask for the appel.

The Bailiff :

I invite any Member in the precinct who wishes to vote to return to his or her seat. I ask the Greffier to open the voting which is for or against the proposition of the chairman of the P.P.C.

Senator S. Syvret:

Might I, through the Chair, ask if the Privileges and Procedures Committee when they consider this matter will be so in open session?

The Connétable of St. Mary :

The Privileges and Procedures Committee will pursue this matter strictly in accordance with the guidelines in Standing Orders.

Senator S. Syvret:

Will the chairman answer the question? Will it be dealt with in open session or not?

The Bailiff :

The chairman has said that the committee will follow the appropriate procedure. Perhaps she wants to think about it, Senator.

Senator S. Syvret:

The appropriate procedure is to either have it in secret, as is usually the case, or it is to be open. Can the chairman make a decision?

The Bailiff :

No, I am sorry, Senator, the Privileges and Procedures Committee is entirely entitled to proceed in accordance with Standing Orders as it thinks fit, and the chairman has said that is what she is going to do.

NOTIFICATION OF VOTING ERROR

2. The Deputy of St. John :

The issue that I raised about the vote at the last meeting which it was given in English although all our controls here are in French - I appreciate we are a dual Parliament. I would like to as I said at the time, I was opposing the Constable of St. Helier's proposition and because of all the papers, et cetera, on our desk, it came out in English. I immediately went for the A button instead of the pour or contre button and therefore I would like to appeal that decision. I am given to understand that the Deputy Bailiff may be or is looking into the procedure, but could I formally notify the Chamber that I am appealing that decision, that my vote recorded against the proposition.

The Bailiff :

Deputy , the procedural position  is that once  you have cast  your  vote and the vote has been announced by the presiding officer that vote cannot be changed, so I am afraid it is not possible to appeal against the casting of your vote. You have cast your vote mistakenly or otherwise, as the case may be, but the record is there. What you are entitled to do, I think, is to ask the Assembly, if the Assembly is prepared to do this, to note that you cast your vote in error and if the Assembly is prepared to allow you to do that, that will be recorded in the minutes of the States.

The Deputy of St. John :

Therefore I formally ask the Assembly to allow me to beg their permission to note that I voted in error on the in camera debate and therefore ask for their support in accepting that the error was made. In doing so, could I ask, through the Chair, the P.P.C. to put in place an appeal procedure so that in the event of this happening to others in the future it can be dealt with.

The Bailiff :

I think the second matter you can raise by letter to the Privileges and Procedures Committee. Are Members prepared  to have a record  in the  minutes of the States?   Do  you wish to  make  a proposition to that effect?

The Deputy of St. John : Yes please, Sir.

The Bailiff :

The proposition is .. what is it, Deputy ?

The Deputy of St. John :

The proposition is for the Members to note that an error was made in my voting procedure. In fact I intended to vote against the proposition on the in camera debate and therefore I ask the Members to accept that.

The Bailiff :

In short, the proposition is that the Assembly noted that you voted in error on the vote on whatever this proposition was; is that right?

The Deputy of St. John : Correct, Sir.

The Bailiff :

Is the proposition seconded? [Seconded] I take it no Member wishes to speak, so may I put the matter to Members. Those Members in favour of the proposition kindly show. I think we better have an appel. The vote is for or against the proposition of the Deputy of St. John and I ask the Greffier to open the voting.

QUESTIONS

3. Written Questions

1. THE CONNÉTABLE OF ST. LAWRENCE OF THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING SCHOOL SUSPENSIONS:

Question

For the academic years 2005 to 2008 inclusive, would the Minister inform members -

1. of the total number  of pupils  in  the  non  fee-paying secondary  schools  who have  been suspended;
2. how many of those pupils have been suspended for a period of more than five days or an aggregate period of more than fifteen days in any school term;

Answer

(a) and (b)

By their very nature suspensions are temporary and are designed to underline that certain forms of behaviour are unacceptable in schools, and also, where appropriate, to provide breathing space so that support arrangements can be put in place either for successful reintegration or for transfer to alternative provision.

The information requested in parts (a) and (b) of the question is set out in the table below -

Question

(c) of the current policy for deciding upon suspension; Answer

(c) Under Article 36 of the Education (Jersey) Law the headteacher has the authority to suspend a pupil for a period of up to five days, or an aggregate period of up to 15 days, in any one school term. Suspension is used as a sanction according to a tariff reflecting the severity of incidents, and this is to ensure consistency across schools. The tariff for suspensions was developed in cooperation with Kathie Bull as a follow-up to the Bull Report published in 2003.

Any suspensions exceeding 5 days, or totalling  more than 15 days,  in any term  must  be authorised by the Chief Officer of the Education, Sport and Culture Department.

Question

(d)  whether that policy will be reviewed?

Answer

(d) I have already stated that in 2009 I will review the application of the suspensions policy and the guidance provided to schools. Furthermore, this will also be considered as part of the inclusion review to be conducted across schools in 2009.

2. THE DEPUTY OF ST. JOHN OF THE MINISTER FOR SOCIAL SECURITY REGARDING A REVIEW OF OFFSHORE COMPANIES' REDUNDANCY POLICIES:

Question

Following the demise of Woolworths, will the Minister review those companies operating in the Island who do not pay local income tax and undertake to bring forward the relevant legislation to ensure that any such companies extend their redundancy policies to their staff in Jersey and if not, will he explain why?

(For clarity I am a shareholder of Woolworth or was depending on the outcome.) Answer

I am committed to lodging draft redundancy legislation by the end of this month, for States debate in April 2009. The new law will give employees in Jersey a statutory right to a redundancy payment, as well as associated rights, that have been consulted upon and are appropriate to our local situation.

These rights will apply to employees in Jersey whether they work for locally owned companies, branches of overseas concerns, or any other ownership arrangement.

3. THE DEPUTY OF ST. JOHN OF THE CHAIRMAN OF THE COMITÉ DES CONNÉTABLES REGARDING THE 2008 ELECTIONS:

Question

Can the Chairman inform members if he is aware of any complaints from electors of the Island in respect of the 2008 elections, particularly in relation to persons being disenfranchised by not being on the electoral list despite evidence existing that the electoral form had been returned, or having filled in a postal voting form and forwarded it to the Judicial Greffier's Office but never receiving a voting slip, and if so, how many?

Were there any fraudulent forms returned to the Judicial Greffier's office, if so, how many and what action has been taken?

Have any complaints been received about voting irregularities in any parish, and if so, would he advise which parish, how many complaints and what action, if any, has been taken?

Answer

Neither I nor my fellow Connétable s are aware of any person being disenfranchised by not being on the electoral list despite evidence existing that the electoral form had been returned.

We are aware of a very few persons who attended to vote during the autumn 2008 elections and Referendum who found that their names had been omitted from the register. In accordance with the Public Elections (Jersey) Law 2002, as soon as evidence was provided by the parish that the electoral form had been returned and the name had accidentally been omitted from the electoral register, the Autorisé provided the person with a ballot paper and noted in the return that the person was allowed to vote – such instances are known as administrative errors'. Thus no-one in that situation was disenfranchised and all were able to cast their vote. Only persons who had failed to make a return were not allowed to vote on the day but each was given an application form so that they might register for the next election.

Every Autorisé makes a return to the Royal Court on the conduct of the election and this procés verbal is a reconciliation of the number of ballot papers issued, including postal and pre-poll, and those counted. It also records any irregularities for example damaged or cancelled papers.

The administration of postal and pre-poll voting is a matter within the province of the Judicial Greffe but the Comité is confident that if the Deputy will contact the Deputy Judicial Greffier he will be duly assisted.

I am not aware of any complaints about voting irregularities received in any parish. I am aware – as has been previously reported in the media - that some allegations of voting irregularities have been reported to the Law Officers and are under investigation but I do not have any details relating to those investigations.

4. THE DEPUTY OF ST. JOHN OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE ANNUAL FUEL COSTS TO ALL STATES DEPARTMENTS:

Question

Would the Minister advise the Assembly of the annual cost of providing electricity to all States departments broken down as follows:

1. States offices;
2. Schools;
3. Leisure facilities;
4. Main roads i.e. Victoria Avenue;
5. Other main roads;
6. By roads;
7. States accommodation (communal areas only);
8. States quangoes (such as WEB offices);
9. Any others not already specified.

Would he also advise the -

1. annual cost of heating States departments by other means such as oil or gas;
2. cost of gas heating per annum and which properties;
3. cost of oil heating per annum and which properties;
4. cost of other types of heating such as coal.

Answer

The Deputy 's questions are open to interpretation, as the categories listed are not definitive.

Information on energy costs is currently not held in manner that is capable of producing a detailed response to all elements of the request, however in the short time available, the following response has been developed to address most of the Deputy 's requirements:

1. States Offices:

This information is not readily available from the existing data, however examples of office buildings are:

South Hill £ 10,899 States Building £ 34,767 Morier House£ 56,985

2.Schools:

The total annual electricity cost for Educational Buildings is £ 525,126

3.Leisure facilities:

The total annual electricity cost for Leisure facilities is £304,192

4.Main roads ie Victoria Avenue:

5.Other main road:;

6.By roads:

The total annual electricity cost for street lighting to all public roads is £160,795

7.States accommodation (communal areas only):

The total annual electricity cost for States Housing Landlord supply is £709,028

8.States quangos (such as WEB offices):

This information is not readily available from the existing data.

9.Any others not already specified:

The cost of electricity for the other areas not specified above is £3,983,730, therefore the total annual States expenditure on electricity is £5,682,871.

Question: Would he also advise the:

1. annual cost of heating States departments by other means such as oil or gas: The total expenditure on Gas and Oil for all States properties is £3,532,476

Within the time available it is not possible to provide an accurate breakdown on a property

by property basis.

2. Cost of gas heating per annum and which properties:

The total expenditure on Gas for all States properties is £1,048,501

Within the time available it is not possible to provide an accurate breakdown on a property by property basis.

3. Cost of oil heating per annum and which properties:

The total expenditure on Oil for all States properties is £2,483,975

Within the time available it is not possible to provide an accurate breakdown on a property by property basis.

4. Cost of other types of heating such as coal: None

These questions would potentially be best dealt with, in the first instance, by a request for information to the relevant department. The department can then establish with the Deputy a clear understanding as to exactly what information is required and determine the most appropriate format.

If the Deputy is wishing to progress a States Energy Efficiency savings campaign across the whole of the States, this is something that I am giving consideration to.

This will also be something to consider as an effect to the Island energy policy report, which is being currently worked on.

5. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE PROVISION OF BAGGAGE SPACE ON BUSES TO THE AIRPORT:

Question

Given the Minister's acknowledgement during the election for his post that it was completely daft to have an airport bus that cannot accommodate suitcases' when is it intended to provide suitable baggage space on buses serving the Airport?

Answer

Transport and Technical Services are working with Connex to provide luggage facilities on the Route 15 serving the Airport and I have asked for both a short term fix (ideally to be in place before the main summer season commences) and also a longer term solution to this problem. I am keen to minimise the loss of seating given the numbers of passengers regularly travelling on this route so I have asked for a range of options to be considered. I will advise the Deputy as soon as Connex is able to provide this facility.

6. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING GREATER EFFICIENCIES WITHIN THE EDUCATION, SPORT AND CULTURE DEPARTMENT:

Question

Given the Minister's oft repeated calls for public service cutbacks and efficiencies, what steps, if any, is he proposing to bring about greater efficiencies within the Education, Sport and Culture Department?

Answer

As a past member of the Public Accounts Committee, the Deputy will be well aware that my efforts and that of the PAC and the Comptroller and Auditor General have been focused on identifying the full cost of services provided and improving the overall efficiency and effectiveness of all States expenditure.

I am pleased to say that, as a result, improvements have been made and a major step forward will be the States accounts becoming fully GAAP compliant.

In the report entitled Emerging Issues, the Comptroller and Auditor General identified a number of savings which could be realised across the whole of the States, including Education Sport and Culture. I intend to explore whether any of these savings are realistically achievable, desirable and acceptable.

As the Minister of Education Sport and Culture I will continue to promote improved accountability and efficiency throughout my department whilst at the same time identifying the need for additional funding if required.

I have already identified areas where funding issues have not been addressed or understated and as a consequence, require immediate attention, if the department is to avoid having to reduce current services. One such area is Culture.

In order to encourage greater efficiency throughout my department I aim to:

• Maintain the department's focus on delivering services in a cost effective manner;
• Work with all partners to identify the full cost of services provided and where necessary highlight the need for additional resources;
• Ensure that all improvements in financial management identified by the Internal Audit Division and the States external auditors are implemented;
• Encourage greater dialogue with members of the States and the public on what services are required in order to meet the expectations of those supported by the department;
• Maximise the use of all facilities administered by the department.

7. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING LAYING NEW POLICY INITIATIVES BEFORE THE STATES:

Question

What steps, if any, are in place to ensure that new policy initiatives from the Minister are first notified to the States, prior to media publicity?

Answer

Whilst there is nothing in Standing Orders which deals specifically which such matters, as a matter of traditional parliamentary practise, all Ministers, make best endeavours to ensure members are informed first of new policy decisions. This is normally done by way of a Ministerial Statement, publication of a Report under the "R" system or in an electronic communication via the States Member email system.

The media are sometimes pre-briefed for reasons of practicalities (for example the States are sitting, or there is a briefing is organised to co-inside with the publication of a report or reading of a Statement to the Assembly), In such circumstances, embargos are normally used (although they are not binding on the media).

There was one occasion recently, when a Treasury Ministerial Statement was delivered after a media report. This was due to the unexpected and usual late commencement of States Statements until after the lunch time adjournment.

As a matter of practise, the Minister will continue to endeavour to ensure that the States are the first to hear of new policy initiatives.

8. THE DEPUTY OF GROUVILLE OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE APPOINTMENT OF A U.K. CONSULTANT TO DRAW UP A SOCIAL NEEDS HOUSING POLICY:

Question

1. Given that in a response to my oral question on 20th January 2009, the Minister indicated that a UK Consultant had been appointed to draw up a policy and implement a States decision to require developments ofover a certain size toprovide a percentage oftheir build for social need, could he indicate:-

1. when the UK Consultant was appointed?

Answer

I approved the appointment of Kelvin MacDonald Associates on 20 June 2008.

Question

2. why the Minister's own senior officers could not draw up such a Policy, given the template is available under section 106 of the UK Planning Guidelines?

Answer

The Department generally uses consultants for two reasons: where specialist knowledge is required and where there is no capacity in the Department due to other workload. For this project both factors applied.

This planning policy needs to be evidence-based and defensible in law, particularly as the policy is likely to be controversial with landowners and developers as it could have an effect on land values and profitability – an effect which could be magnified as we seek to meet future housing needs from previously developed sites.

Until now, the planning process in Jersey has delivered affordable' housing by restricting development of green-field sites to certain tenures and controlling onward sales to first-time buyers. The new policy will aim to deliver housing which is genuinely affordable.

The project required research on the local housing market to establish the need for affordable homes of different types, and how a policy could be devised to meet those needs through private sector development.

This has necessitated consultation with different stakeholders in the provision of affordable housing. It also involved research into different methods of procuring affordable housing in the UK and evaluation of their effectiveness.

The subject of delivering affordable housing is a very complex area and requires highly specialist knowledge of mechanisms used in other jurisdictions and a very clear understanding of their success or otherwise. There are a large number of primary mechanisms and hybrids available as options and this is not a specialism that the planning department could reasonably be expected to have internally.

Question

3. how much the appointment is costing the tax payer?

Answer

The fixed price for this contract is £23,250 plus expenses. Question

4. how long it will be before the Policy is implemented and used as partofthe Planning process?

Answer

Implementation of the policy will require the Minister to propose an amendment to the 2002 Island Plan in the States Assembly. When the final report is received and I am satisfied that it is soundly-based and workable in the local market then I will undertake consultation on it as the Law requires me to do. Having reviewed the results of that consultation, I will lodge a proposition to this effect. The policy can only be implemented when the States has adopted it as an amendment to the plan.

Question

5. whether the delay  in implementing a relatively simple policy which already exists elsewhere is acceptable?

Answer

I need to make it clear that this is most definitely not a simple policy to introduce. Although similar policies exist elsewhere, they are, or need to be, based on accurate evidence if they are not to be challenged successfully in law.

It represents a fundamentally different method for the Island to procure affordable housing, and it will have a considerable impact on the development industry.

There are a number of significant issues that have to be addressed in preparing it, including:

• Defining "affordable" in meaningful terms;
• Understanding market conditions at any particular time;
• The viability of development;
• The possible disincentive to landowners and developers to release land or to build;
• The evidence of need:
• Defensibility in law;

• Where to set thresholds for developments to which the policy to apply; and
• Establishing the mix of affordable housing (size and tenure) to be provided where the policy does apply.

Question

2. Could the Minister detail how many developments, if any, he has he approvedsince the States decision on 2nd April 2008, which would have fallen under the policy?

Answer

An amendment to the Island Plan is legally necessary to effect a policy change of this nature. After 2nd April 2008 this involved the gathering of evidence, drafting of the policy, consultation under Article 3 of the Planning Law, a response to the consultation, a report and proposition and a States debate.

Given that there were elections last autumn and limited States sittings, and most importantly, that the evidence gathered had to be reviewed in the light of the change in economic circumstances (particularly the restricted parameters for borrowing to purchase property: eg. for first-time buyers and Jersey Homebuy qualifiers) it is most unlikely that a proposition would have reached the stage for debate until this year.

Accordingly, I do not consider that the policy would have applied to any developments granted permission since 2nd April 2008.

The only delay that has arisen in bringing this policy into force has come about through the need to review the effects of the economic recession on the housing market.

Question

3. Does the Minister accept that, had the policy been implemented before the re-zoning debate in July 2008, some areas ofthe countryside could have been saved from development, and opportunities to require developers to contribute to the supply of first time buyer and sheltered housing in the Island have been wasted?

Answer

This question is entirely hypothetical as there is no possible way that the policy could have been amended before the July 2008 rezoning debate.

9. THE DEPUTY OF GROUVILLE OF THE CHAIRMAN OF THE COMITÉ DES CONNÉTABLES REGARDING THE CRITERION FOR ADMITTING PEOPLE ONTO PARISH WAITING LISTS FOR SHELTERED HOUSING:

Question

Given that on 2nd April, 2008, the Assembly agreed by 40 votes to 6 that a consistent criterion for admitting people to parish waiting lists for Sheltered Housing would be brought forward by the Housing Minister. Since that time, could the Chairman confirm:-

1. how many meetings have been held between the Connétable s and Housing Minister to develop such a criteria?

2. at what stage of development it is?

Would the Chairman confirm whether the numbers of people on the Parish waiting lists were used to imply during the Re-zoning of the Countryside debate (P75/2008) that there was an "urgent, desperate need" for sheltered housing, even though that was not a requirement for admissibility and, if so, what definition of "desperate" and "needy" was applied?

Did some of the people on the Connétable s waiting lists also appear on the Housing department's central list for States Housing?

Answer

1. No meetings have been held to date between the Connétable s and the Minister for Housing to develop criteria for admitting people to parish waiting lists for Sheltered Housing. However, the Comité des Connétable s has invited the Minister toattend its meeting on 9th February 2009to discuss this matter.
2. No meetings have been held and so development of the criteria has yet to be considered.

The proposition "Provision of land for lifelong dwellings (for people over 55) and first-time buyers

- amendment to Island Plan (2002)" (P.75/2008) was prepared by the Minister for Planning and Environment. The Comité des Connétable s met with the Minister and Assistant Minister for Planning and Environment in September 2007 to discuss the draft consultation report and pointed out that it was the Minister for Housing, and not the Connétable s, who had specified the number of units required. The Deputy should seek a reply to her question of whether the Parish waiting lists were used from the Minister for Housing.

To date, the waiting lists maintained by Connétable s have been for persons over the age of 65 who have an interest in being offered the opportunity to move into sheltered housing owned by the parish. The Connétable s are each aware from their own waiting list for existing Parish sheltered housing that many people ask to have their names added early as they wish to be assured of such accommodation in the longer term. The allocation criteria in such cases is dictated by the specific needs of the individual at the time and not specifically by the length of time on the waiting list.

The Minister for Housing has not to date provided to the Connétable s any details of those persons on the Housing department's central waiting list and so it is not possible to say whether or not any of those persons also appear on the Connétable s waiting lists.

10. DEPUTY P.V.F. LE CLAIRE OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE HEALTH AND SOCIAL SERVICES DEPARTMENT'S TRAVEL POLICY:

Question

What is the Travel Policy of the Health and Social Services Department for patients and relatives requiring off-Island treatment and are the Income Tax Department and Social Security involved and if so, in what way?

Answer

The Health and Social Services Department has a comprehensive Travel Policy which has been in effect in different guises since 1998, but which has been adapted during the interim period in the light of circumstances. The aim of the policy is to provide financial assistance to certain categories of patients who will require travel to the mainland to receive specialist health care services. The current version of this policy was approved in February 2008.

My Department will meet the travel costs and make financial assistance available to a patient or client provided:

• That the patient or client income is below defined financial thresholds (depending on their marital status and family circumstances)
• That the patient or client is a Jersey resident (or covered by a reciprocal health agreement)
• That the patient or client has been referred to the UK Health Services provider by a consultant employed by the Health and Social Services Department.

My Department will meet the travel costs and make financial assistance available to a patient or client's relatives:

• When the patient or client is a child under the age of 18 years.
• When the patient or client is over the age of 75 years.
• When the patient or client is registered as disabled.
• When the patient or client is unable to travel unescorted due to his/her clinical condition (as defined by the referring consultant).

My Department will not reimburse costs associated with:

• Relatives' accommodation
• Food and meals
• Childcare
• Private arrangements
• Care of animals
• Maintenance of property and vehicles
• Loss of earnings

Involvement of Income Tax and Social Security

The main purpose of the Travel Policy is to define a patient or client's eligibility for financial assistance. Whist the policy always had an element of means testing' within it, it was never possible for my Department to verify the statements and declarations made by prospective patients about their income levels. I am very sorry to say that there have been a number of attempts made over the years by prospective patients and clients to be less than truthful about their financial status and this obviously means that this is an abuse of tax payer's money (tax payer's money that funds my Department, that is). I have a duty to protect the tax payer's interests, as well as a duty to ensure appropriate health care.

In 2007, the onus was changed in that it became the duty of the patient or client to demonstrate that they were eligible for financial assistance – rather than my staff having to attempt to verify a patient or client's income levels in the face of hostility from that individual.

Involvement of Income Tax:

The Travel Policy does not require the specific involvement of the Income Tax team, but since 2007 it has been recognised that if the patient or client provides a copy of their agreed tax return this can be used as evidence of their income levels (from all sources) and support their claim for travel assistance.

(It is important to note is that whilst individuals are encouraged to keep copies of their original tax returns, an individual already has the right to request a copy for any reason).

Involvement of Social Security:

The Travel Policy does not require the specific involvement of the Social Security Department - but a patient or client can provide their Income Support notification as evidence to support their claim for travel assistance, this is the same notification that they would have received informing them of their income support status.

The Travel Policy is a fair and reasonable policy which directs financial assistance to those Islanders who demonstrably require it. I am saddened that some Islanders have sought to mask and hide their true financial status in order that they can exploit the taxpayer's generosity by seeking to obtain free travel to the mainland. I am equally saddened that some patients have sought to vent their dissatisfaction with this policy on junior staff who work in the Travel Office (who incidentally, are all female). I do not take kindly to such belligerent behaviour and my Department is currently considering what action to take against such behaviour on the part of a few members of our community.

11. THE DEPUTY OF ST. MARTIN OF THE CHIEF MINISTER REGARDING THE ARCHITECTS EMPLOYED WITHIN THE PROPERTY HOLDINGS SECTION: Question

With regard to the architects employed within the Property Services Department, could the Minister confirm:-

1. how many architects, technicians, engineers and supporting staff are employed within the Department's Architectural section?
2. at what cost are all of these posts for the year ended 2008?
3. at what grade and cost are each of the architects?
4. what specific projects have they completed since the end of 2006?
5. when was the last time the Department entered a design into the Jersey Design Awards and, if not last year, why?

Answer

There are three separate areas within the "Architectural section" led by the Assistant Director who is a qualified architect. The staffing level in each area is as follows:

1. Architectural Design - 10

Comprising Principal Architects, Architect, Senior Architectural Assistants, Architectural Assistants, Trainee Architectural Assistant

2. Mechanical & Electrical Design - 5

Comprising Principal Engineer, Senior Assistants, Energy Management Engineer

3. Clerk of Works - 4 Senior Clerks of Works
4. Support Staff - 1 Senior Secretary

Question (b) At what cost are all of these posts for the year end 2008?

The total salary cost including pension and social security contributions in 2008 was £1,272,873.

In addition there are other ancillary costs totalling £44,758.

It should be noted that the income generated for the professional services provided totalled £1,139,581.

Income is received on completion of specific stages of work within a project and may not align to input costs incurred.

Question (c) At what grade and cost are each of the architects?

The three Architects in the design section are in Civil Service salary bands 12 to 14 grade. The costs incurred in 2008, including employers costs for social security and PECRS pension contribution, for these individuals ranges from £65,163 to £84,098

Question (d) What specific projects have they completed since the end of 2006?

It is assumed the Deputy of Grouville 's question relates to architectural projects which have been constructed and occupied since the end of 2006. These would include the following:

Alterations to the East Shed at Bellozanne Mont a L'abbe School Phase 1

St Clements School

St Peters School

Airport Departures Security Area

Mont a L'abbe School Temporary Kitchen Magistrates' Courts (Alterations to Court No.1) Alterations to Cyril Le Marquand House

Store extension to Hautlieu School

Alterations to the "Blue Light" Workshop Phased upgrade of wards at the General Hospital Infrastructure improvements to Central Market

In addition to these contracts designed "in-house" the other sections were actively involved with other contracts administered by private sector architects.

Question (e) When was the last time the Department entered a design into the Jersey

Design Awards, and, if not last year, why?

Since the introduction of the Architectural Design Awards sponsored by the Environment and Planning Department submissions have been made by the Architectural Services section. In the inaugural year, 1998, the top award was presented for the design of First Tower School. In the same year commendations were also awarded  for St Johns School and the Jersey Airport Departures Building. In subsequent years awards were received for Grouville School, Overdale Rehabilitation Unit, States Building Refurbishment, Mont Nicolle School and Hautlieu School. In 2006 four submissions were made in the prescribed format for the Magistrates' Courts, St Clements School, D'Auvergne School and Oakfield (Hautlieu) Sports Facilities.

No submission was made in 2008 as none of the contracts completed in the previous two years were considered appropriate. Mont a L'abbe School Phase 1 could have been submitted however the conceptual design was prepared by another architectural practice as part of a feasibility study.

Should the competition continue in 2010 it is anticipated that the recently completed St Peters School and the new Air Traffic Control Centre will be submitted.

12. THE DEPUTY OF MARTIN TO THE CHIEF MINISTER REGARDING THE UNITED NATIONS CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES:

Question

Given that in R3/2009, presented to the States on 20th January 2009, reference is made to the United Nations Convention on the Rights of Persons with Disabilities and that Jersey has been asked to consider whether they wish to extend the United Nations Convention on the Rights of Disabled People to the Island, would the Minister advise –.

(a) whether the Island Authorities have been notified whether the UK has ratified the Convention?

Answer

1. The Government of Jersey has been informed that the United Kingdom signed the Convention on 30th March 2007. A target for the UK ratification was initially proposed for the end of 2008, which has now been delayed to early this year. Consideration has been givento a large number of reservations. However, a final date for ratification has not, as far as we are aware, been agreed.

Question

2. when and who will be examining the legislative and administrative implications for the Island?

Answer

2. The relevant Ministers and officers, together with relevant legal opinion, will be examining the legislative and administrative implications for the Island. Initial consideration ofthe Convention has indicated that implementation is substantially dependent on the introduction of a new Discrimination Law in Jersey. TheHome Affairs Minister's consultation paper in 2008 on a draft Discrimination Law proposed that disability Regulations might be included in phase 3 oftheprogramme, following adoption ofthe principal Law and the introduction of Regulations to address race discrimination and sex discrimination. The position regarding the Convention on the Rights of Persons with Disabilities will therefore be reviewed when the Discrimination legislation is further advanced.

Question

3. whether the public and States Members will be consulted?

Answer

c) The 2008 consultation paper on the draft Discrimination Law indicated that further consultation will take place regarding proposed Disability Discrimination Regulations.

Question

4. who will be scrutinising the findings of any consultation process?

Answer

4. Any consultation would necessarily be a public process, open to scrutiny by any appropriate individual or body. A Scrutiny Panel review would be welcomed.

Question

5. whether States Members will be able to consider the outcome of any investigation into the legislative and administrative implications?

Answer

(e) If any Law or Regulations are required, these would be presented to the States for debate. Any significant administrative implications, particularly those that had resource requirements, would be included in the Annual Business Plan. All these would be subject to States consideration.

13. DEPUTY  S.S.P.A. POWER  OF  ST.  BRELADE  OF THE  MINISTER  FOR TREASURY AND RESOURCES REGARDING THE USE OF STATES LAND FOR ALLOTMENTS:

Question

Can the Minister assure the Assembly that he will use his best efforts in 2009 to work with other States Departments, particularly Planning and Environment and Education, Sport and Culture, to encourage the use of States land for allotment farming purposes?

Answer

In  principle  the  Minister  is  supportive  of  the  concept  of  allotments  in  appropriate  locations. Therefore the Minister sees no reason why allotments should not be allowed on States controlled land. However this does have to be practical, subject to agreement, and in particular be subject to Planning regulations.

Accordingly, whilst no proposals to utilise public land for allotment farming are currently included in Jersey Property Holdings' Business Plan, and subject to resource constraints, the Minister will consider the merits of any sites proposed that are in public ownership.

14. THE  CONNETABLE  OF ST.  LAWRENCE  OF THE  CHIEF  MINISTER REGARDING THE TOTAL NUMBER OF STAFF SUSPENSIONS DURING 2008: 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 2008 and, in each case, identify the employee group concerned, the period of suspension, the means of disposal of the case and, in those cases where the time between the suspension date and the disciplinary hearing was greater than the eight weeks recommended by the States Employment Board, the reason for the extension?

Would the Chief Minister advise the Assembly of the total number of staff who were suspended during the period 2007 to 2008, and who remain suspended, identifying in each case the employee group concerned, the period of suspension and the reason why the employee remains suspended?

Answer

EMPLOYEE SUSPENSIONS

Table A – This table depicts the number of employees (defined by Department) who were suspended between January and December 2008