States Meeting Transcript - 10/03/2009

STATES OF JERSEY OFFICIAL REPORT TUESDAY, 10th MARCH 2009

STATEMENT ON A MATTER OF OFFICIAL RESPONSIBILITY..........................8

1. Statement by the Chief Minister regarding the signing of Tax Information Exchange Agreements................................................................................8

1.1 Senator T.A. Le Sueur (The Chief Minister):............................................8

1. Deputy R.G. Le Hérissier of St. Saviour:................................................9
2. Deputy G.P. Southern of St. Helier:......................................................9
3. Deputy G.P. Southern :...................................................................9
4. Deputy P.V.F. Le Claire of St. Helier : ..................................................10
5. Deputy P.V.F. Le Claire: ...............................................................10
6. Deputy M.R. Higgins of St. Helier:.....................................................10
7. Deputy M.R.Higgins:..................................................................10
8. Deputy M. Tadier of St. Brelade:.......................................................11
9. Deputy M. Tadier :......................................................................11
10. Deputy P.J. Rondel of St. John:......................................................11
11. Deputy G.P. Southern : ..............................................................11
12. Deputy R.G. Le Hérissier:...........................................................11
13. Deputy P.V.F. Le Claire:............................................................12
14. Deputy D.J.A. Wimberley of St. Mary : ..............................................12
15. The Deputy of St. Mary:.............................................................12

QUESTIONS.....................................................................................12

2. Written Questions.......................................................................13

1. DEPUTY T.A. VALLOIS OF ST. SAVIOUR OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING GST EXEMPTIONS:.............................13
2. THE DEPUTY OF ST. MARTIN OF THE MINISTER FOR HOME AFFAIRS REGARDING STAFF SUSPENSIONS WITHIN THE HOME AFFAIRS DEPARTMENT:.......................................................................15
3. THE DEPUTY OF ST. MARTIN OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING STAFF SUSPENSIONS WITHIN THE HEALTH AND SOCIAL SERVICES DEPARTMENT:................................................16
4. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE INQUIRY INTO THE DEATH OF A PATIENT DURING AN OPERATION IN OCTOBER 2006: ..........16
5. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE UNDERTAKING OF PRIVATE PRACTICE BY HOSPITAL CONSULTANTS: ............................17

2.6` DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR

SOCIAL SECURITY REGARDING THE PRESCRIBING OF ASPIRIN BY GENERAL PRACTITIONERS:........................................................18

7. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE REGARDING THE ADMINISTRATION OF MORTGAGES FOR (j)' CATEGORY PUBLIC SECTOR EMPLOYEES:.........................................................................18
8. THE DEPUTY OF ST. MARTIN OF THE MINISTER FOR HOME AFFAIRS REGARDINGCOMPLAINTS MADE AGAINST THE STATES AND HONORARY POLICE AND REFERRED TO THE JERSEY POLICE COMPLAINTS AUTHORITY: .........................................................................................19
9. DEPUTY OF ST. MARTIN OF THE CHAIRMAN OF THE COMITÉ DES CONNÉTABLES REGARDING COMPLAINTS MADE AGAINST THE HONORARY POLICE:................................................................22
10. DEPUTY S.S.P.A. POWER OF ST. BRELADE OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE CONTINUED DELIVERY OF DOMESTIC WASTE TO BELLOZANNE: ..........................24
11. DEPUTY S.S.P.A. POWER OF ST. BRELADE OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE USE OF LIBERATION STATION AS AN EXTENSION TO THE MAIN TAXI RANK AT THE WEIGHBRIDGE:......................................................................24
12. DEPUTY S.S.PA. POWER OF ST. BRELADE OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE UPKEEP OF LA FOLIE INN:................25
13. DEPUTY S. PITMAN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING SUPPORT FOR THOSE MADE REDUNDANT THROUGH INSOLVENCY IN JERSEY:..............................................25
14. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHAIRMAN OF PRIVILEGES AND PROCEDURES COMMITTEE REGARDING THE ENCOURAGEMENT OF POSTAL VOTING:....................................................................27
15. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHAIRMAN OF THE COMITÉ

DES CONNÉTABLES REGARDING MEASURES TO INCREASE VIOTER PARTICIPATION IN THE NEXT ELECTION: .......................................28

16. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE DELIVERY OF AN ALL-YEAR- ROUND' SERVICE TO STANSTED:............................................................29
17. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING PROPOSALS FOR FISCAL SUPPORT TO HELP THE ECONOMY THROUGH THE RECESSION:....................................29
18. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING TIMESCALES FOR DEALING WITH VARIOUS INCOME SUPPORT PAYMENTS:....................................................30
19. DEPUTY T. PITMAN OF ST. SAVIOUR OF THE ATTORNEY GENERAL REGARDING THE SCOPE OF ARTICLE 39A OF THE PUBLIC ELECTIONS (JERSEY) LAW 2002: .................................................................31

3. Oral Questions...........................................................................33

1. Deputy A.K.F. Green of St. Helier of the Minister for Treasury and Resources regarding GST and the Meals on Wheels' service: ...............................................33 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................33
2. The Deputy of St. John of the Minister for Education, Sport and Culture regarding energy wastage in the Island's schools:.................................................34 Deputy J.G. Reed of St. Ouen (The Minister for Education, Sport and Culture):..............34

1. The Deputy of St. John:................................................................34
2. Deputy R.G. Le Hérissier: ..............................................................34
   3. The Deputy of St. John of the Minister for Economic Development regarding skateboarders at the Lighthouse Memorial:.............................................35

Senator P.F. Routier (Assistant Minister for Economic Development - rapporteur):..........35

1. The Deputy of St. John:................................................................35
2. Deputy K.C. Lewis of St. Saviour:......................................................36
3. Deputy P.V.F. Le Claire: ...............................................................36
4. Connétable M.K. Jackson of St. Brelade:...............................................37
5. Deputy C.F. Labey of Grouville :........................................................37
6. The Deputy of St. Mary:................................................................37

7. The Deputy of St. John:................................................................37

4. Deputy K.C. Lewis of the Minister for Health and Social Services regarding the banning of so-called legal-high drugs in the Island:..............................................38 Senator J.L. Perchard (The Minister for Health and Social Services):.........................38

1. Deputy M. Tadier :......................................................................38
2. Senator Syvret:.........................................................................38
3. Deputy M. Tadier :......................................................................38
4. Deputy M. Tadier :......................................................................39
5. Deputy T. Pitman of St. Helier:.........................................................39
6. Deputy K.C. Lewis :....................................................................39

5. The Deputy of Grouville of the Minister for Planning and Environment regarding the laws, policies and guidelines on which planning applications were determined:........39 Senator F.E. Cohen (The Minister for Planning and Environment):...........................39

1. The Deputy of Grouville :...............................................................40
2. Senator B.E. Shenton:..................................................................41
3. Deputy J.A. Hilton of St. Helier:........................................................41
4. Deputy J.A. Hilton:.....................................................................41
5. The Deputy of St. John:................................................................41
6. Deputy R.G. Le Hérissier: ..............................................................42
7. The Deputy of Grouville :...............................................................42

6. Deputy F.J. Hill of St. Martin of the Minister for Health and Social Services regarding the suspension of the Chief Executive Officer of Family Nursing and HomeCare:.....42 Senator J.L. Perchard (The Minister for Health and Social Services):.........................42

1. Deputy G.P. Southern :..................................................................43
2. Deputy G.P. Southern :..................................................................43
3. Deputy A.E. Pryke of Trinity :..........................................................43
4. Deputy M.R.Higgins:..................................................................43

5. The Deputy of St. John:................................................................43
6. Deputy G.P. Southern :..................................................................44
7. Deputy D.J. De Sousa of St. Helier:....................................................44
8. The Deputy of Grouville :...............................................................45
9. The Deputy of St. Martin:..............................................................45

7. Deputy S. Pitman of St. Helier of the Minister for Economic Development regarding the development of an economic stimulus package:........................................45 Senator A.J.H. Maclean (The Minister for Economic Development):.........................45

1. Deputy S.Pitman:......................................................................45
2. Deputy M.R.Higgins:..................................................................45
3. Deputy M.R.Higgins:..................................................................46
4. Senator S. Syvret:......................................................................46
5. Deputy G.P. Southern :..................................................................46
6. Senator S.C. Ferguson:.................................................................46
7. Deputy J.A. Martin of St. Helier:.......................................................47
8. Deputy R.G. Le Hérissier: ..............................................................47

9. Deputy S.Pitman:......................................................................47

8. Senator B.E. Shenton of the Minister for Planning and Environment regarding the existence of a presumption against the use of local architects in major developments: ..48 Senator F.E. Cohen (The Minister for Planning and Environment):...........................48

1. Senator B.E. Shenton:..................................................................48
2. The Deputy of St. John:................................................................48
3. Senator B.E. Shenton:..................................................................48

9. Deputy M. Tadier of the Minister for Housing regarding the issue of (j)' category permits: ................................................................................49 Senator T.J. Le Main (The Minister for Housing): ............................................49

1. Deputy G.P. Southern :..................................................................49
2. Deputy G.P. Southern :..................................................................50
3. Deputy R.G. Le Hérissier: ..............................................................50
4. The Deputy of St. Mary:................................................................50
5. Deputy T.A. Vallois of St. Saviour:....................................................50
6. Deputy D.J. De Sousa:..................................................................51
7. Deputy M. Tadier :......................................................................51

10. Deputy S. Pitman of the Minister for Health and Social Services regarding the demise of the Reciprocal Health Agreement with the United Kingdom:...........................51 Senator J.L. Perchard (The Minister for Health and Social Services):.........................51

1. Deputy S.Pitman:...................................................................52
2. Deputy D.J. De Sousa: ..............................................................52
3. Deputy K.C. Lewis : .................................................................52
4. The Deputy of Grouville : ............................................................53
5. The Deputy of Grouville : ............................................................53
6. The Deputy of Trinity : ..............................................................53
7. Deputy M. Tadier :...................................................................53
8. Deputy A.E. Jeune of St. Brelade:...................................................54
9. Deputy J.B. Fox of St. Helier : .......................................................54
10. Deputy S.Pitman:..................................................................55
    11. Deputy R.G. Le Hérissier of the Minister for Health and Social Services regarding the suspension of medical practitioners attached to Health and Social Services: ............55 Senator J.L. Perchard (The Minister for Health and Social Services):.........................55

1. Deputy R.G. Le Hérissier:...........................................................55
2. The Deputy of St. Martin : ...........................................................56
3. Deputy R.G. Le Hérissier:...........................................................56

12. Deputy G.P. Southern of the Comité des Connétable s regarding measures to increase postal voting and the investigation of on-line voting in the 2011 elections:.............56 Connétable K.P. Vibert of St. Ouen (Chairman, Comité des Connétable s):...................56

1. Deputy G.P. Southern ...............................................................56
2. Deputy S.Pitman:...................................................................57

13. Deputy J.A. Martin of the Minister for Social Security regarding the provision of assistance towards mortgage payments for those in difficulty: ..........................57 Deputy I.J. Gorst of St. Clement (The Minister for Social Security):..........................57

1. Deputy G.P. Southern : ..............................................................58
2. Deputy G.P. Southern : ..............................................................58
3. The Deputy of St. Martin : ...........................................................58
4. Deputy D.J. Sousa:..................................................................58
5. Deputy J.A. Martin: .................................................................59 The Deputy of St. Martin:....................................................................59 The Deputy Bailiff :...........................................................................60

4. Questions to Ministers Without Notice - The Minister for Housing ...................60

1. Deputy P.V.F. Le Claire: ...............................................................60 Senator T.J. Le Main (The Minister for Housing): ............................................60

1. Deputy P.V.F. Le Claire: ...............................................................60
   2. Deputy S.Pitman:......................................................................61
   3. Deputy T.A. Vallois: ...................................................................63

4.3.1 Deputy T.A. Vallois: ...................................................................63

4. Deputy T.M.Pitman:...................................................................63
5. Deputy D.J. De Sousa:..................................................................63
6. Connétable G.F. Butcher of St. John:...................................................64
7. Deputy J.A. Martin:....................................................................64
8. Deputy G.P. Southern :..................................................................64
9. Deputy G.P. Southern :..................................................................64
10. Deputy M. Tadier :......................................................................64

4.10.1 Deputy M. Tadier :...................................................................65

11. Deputy A.E. Jeune :.....................................................................65
12. Deputy P.V.F. Le Claire: ...............................................................65

5. Questions to Ministers Without Notice - The Minister for Planning and Environment ...........................................................................................66

1. The Deputy of St. Mary:................................................................66 Senator F.E. Cohen (The Minister for Planning and Environment):...........................66

1. The Deputy of St. Mary:................................................................66
   2. Deputy M.R.Higgins:..................................................................67

5.2.1 Deputy M.R. Higgins:..................................................................67

3. The Deputy of St. John:................................................................67
4. Deputy R.G. Le Hérissier: ..............................................................67

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

5. Deputy M. Tadier :......................................................................68
6. Deputy D.J. De Sousa:..................................................................68
7. Deputy P.V.F. Le Claire: ...............................................................68
8. Deputy J.B. Fox:........................................................................69

5.8.1 Deputy J.B. Fox:........................................................................69

9. Deputy T.M.Pitman:...................................................................69
10. Deputy J.A. Hilton:.....................................................................69

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

6. Statement by the Minister for Home Affairs regarding the suspension of the Chief Officer of the States of Jersey Police. ...................................................70

6.1 Senator B.I. Le Marquand (The Minister for Home Affairs): ...........................71

[Debate proceeded in camera] ................................................................71

PUBLIC BUSINESS.............................................................................71

7. Draft Amendment (No. 10) of the Standing Orders of the States of Jersey (P.179/2008) ...........................................................................................71

7.1 Connétable J. Gallichan of St. Mary (Chairman, Privileges and Procedures Committee): .........................................................................................72

1. Deputy P.V.F. Le Claire: ...............................................................73

LUNCHEON ADJOURNMENT PROPOSED..................................................74 The Deputy Bailiff :...........................................................................74

LUNCHTIME ADJOURNMENT...............................................................74

2. Deputy T.M.Pitman:...................................................................74
3. Deputy M.R.Higgins:..................................................................75
4. The Deputy of St. John:................................................................76
5. Deputy G.P. Southern :..................................................................76
6. Deputy C.H. Egré of St. Peter:..........................................................77
7. Deputy M. Tadier :......................................................................77
8. Deputy S.Pitman:......................................................................79
9. The Deputy of Grouville :...............................................................79
10. Senator S. Syvret:....................................................................79
11. Senator B.I. Le Marquand:..........................................................83
12. Senator P.F.C. Ozouf : ...............................................................83
13. Deputy J.B. Fox:....................................................................84
14. Connétable D.J. Murphy of Grouville :...............................................84
15. The Deputy of St. Mary:.............................................................84
16. Deputy R.G. Le Hérissier:...........................................................85
17. The Connétable of St. Mary : ........................................................86

8. Voisinage and customary law: review (P.1/2009).......................................89

8.1 Senator B.E. Shenton:..................................................................90 Mr. Timothy John Le Cocq Q.C., H.M. Solicitor General:....................................90

1. The Deputy of St. Martin:..............................................................93
2. Senator P.F.C. Ozouf :..................................................................94

3. The Connétable of St. Martin:..........................................................95
4. Senator J.L. Perchard:..................................................................96
5. Deputy P.V.F. Le Claire: ...............................................................96
6. The Connétable of St. Brelade:.........................................................96
7. Senator B.I. Le Marquand:..............................................................97
8. Senator B.E. Shenton:..................................................................97

9. Property sold by the public: restriction on renting back (P/7/2009)..................101

9.1. Deputy P.V.F. Le Claire: ..............................................................101

1. The Connétable of Grouville :..........................................................103
2. Deputy J.A.N. Le Fondré of St. Lawrence : ............................................103
3. Deputy R.C. Duhamel of St. Saviour:.................................................104 The Greffier of the States (in the Chair):....................................................105
4. Senator P.F.C. Ozouf :.................................................................106
5. Deputy P.V.F. Le Claire: ..............................................................107

10. Jersey Consumer Council: appointment of Chairman (P.10/2009) (reissue).........108

10.1 Senator A.J.H. Maclean (The Minister for Economic Development):..................108

1. Deputy R.G. Le Hérissier:..........................................................109
2. The Connétable of St. Brelade:.....................................................110
3. Deputy J.A. Hilton:................................................................110
4. The Deputy of St. John:............................................................110
5. Senator P.F.C. Ozouf : ..............................................................110
6. Senator S.C. Ferguson:.............................................................111
7. Connétable P.F.M. Hanning of St. Saviour:........................................111
8. Deputy G.P. Southern : .............................................................111
9. Senator A.J.H. Maclean:............................................................112

11. Public Employees Contributory Retirement Scheme: membership of the Committee of Management (P.14/2009) ............................................................113

11.1 Senator P.F.C. Ozouf ( Deputy Chief Minister - rapporteur):..........................113

1. Deputy I.J. Gorst :..................................................................113
2. Senator B.E. Shenton: ..............................................................114
3. Senator P.F.C. Ozouf : ..............................................................114

12. Manual Workers' Joint Council: Employers' Side membership (P.15/2009)........116

12.1 Senator P.F.C. Ozouf ( Deputy Chief Minister - rapporteur):..........................116

1. Senator J.L. Perchard: ..............................................................116
2. The Deputy of St. John:............................................................116
3. Senator P.F.C. Ozouf : ..............................................................117

13. Appointments Commission: re-appointment of member (P.23.2009)................118

13.1 Senator P.F.C. Ozouf ( Deputy Chief Minister - rapporteur):..........................118

1. Senator B.E. Shenton: ..............................................................119
2. Senator P.F.C. Ozouf : ..............................................................119

14. Social Security Tribunal: appointment of members (P.25/2009) .....................120

14.1 Deputy I.J. Gorst (The Minister for Social Security):..................................120

1. Deputy G.P. Southern : .............................................................120
2. Deputy I.J. Gorst :..................................................................120

ARRANGEMENT OF PUBLIC BUSINESS FOR FUTURE MEETINGS ..................121

15. The Connétable of Trinity (Chairman, Privileges and Procedures Committee):........121

1. Senator P.F.C. Ozouf :.................................................................121
2. Deputy I.J. Gorst : .....................................................................121
3. Deputy G.P. Southern :................................................................122 The Greffier of the States (in the Chair):....................................................122

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

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

STATEMENT ON A MATTER OF OFFICIAL RESPONSIBILITY

1. Statement by the Chief Minister regarding the signing of Tax Information Exchange Agreements

The Deputy Bailiff :

Now before we come to Questions, as Members know, the Chief Minister has given notice that he would like to make a statement and he has also indicated he has to leave the Island sometime this morning, I think, Chief Minister, is that right? So he has requested, if Members would agree, that he be able to give his statement at this stage. Do Members agree to that? Very well, Chief Minister, if you would make your statement then.

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

Thank you, I am grateful to Members for allowing me that because I have to leave shortly to go to London. But I would like to inform the Assembly that, in pursuance of our policy of signing Tax Information Exchange Agreements when it is in our interests to do so, I will be signing a Tax Information Exchange Agreement with the United Kingdom later today in London and with France later this week. I should add that I have the full support of Jersey Finance Limited for signing both these agreements at this time. It is widely known that Jersey is one of the highest quality financial services centres with a long-standing reputation for stability, effective regulation and co-operation in the fight against international crime, terrorism and tax evasion. The Island is accustomed to independent scrutiny having just undergone a full assessment by the I.M.F. (International Monetary Fund), a report on which is expected in a couple of months and is currently working closely with the U.K. (United Kingdom) Chancellor's Independent Review of British Offshore Financial Centres. It is our longstanding policy that when there is a level playing field which encompasses all major financial centres, we will enter into financial information exchange without the need for incentives. However, given the current absence of a level playing field, we have agreed that where another country is offering sufficient reciprocal benefits we will sign a T.I.E.A. (Tax Information Exchange Agreement) with that country. To date we have signed 10 T.I.E.A.s of which 8 are with O.E. C.D . (Organisation for Economic Co-operation and Development) member states including the U.S.A. (United States of America) and Germany. With the signing of T.I.E.A.s with the United Kingdom and France and shortly with Ireland and Australia, Jersey will satisfy the O.E. C.D . benchmark of T.I.E.A.s with 12 O.E. C.D . member states. With the T.I.E.A.s being signed this week, France has offered exemption from certain property related taxes for Jersey residents and companies and the U.K. has agreed that Jersey residents drawing a U.K. pension will only pay tax in Jersey. However, more importantly, both countries have recognised Jersey as a jurisdiction committed to international co-operation. To quote: "The United Kingdom recognises Jersey as a member of the community of jurisdictions committed to international co-operation and information exchange on tax matters and wishes to assure the States of Jersey that Jersey will be treated as such by the United Kingdom authorities." These are very important endorsements particularly at the current time. Members will be aware of the media coverage in the run up to the G-20 Summit on 2nd April in London. The Summit is intended to provide a forum for world leaders to co-ordinate their actions to support the world economy in order to manage the effects of the current world recession and financial turmoil. However, much media coverage also focuses on reported intentions to take action against so-called tax havens. Indeed, in the European context there has been considerable attention given to Switzerland and the requirements to ensure that they

participate fully in international programmes. I and my Ministers take this very seriously and we are working hard to ensure that Jersey is not only predictive of any actions, but it is also well placed to enhance its standing as an international financial centre and thus grow out of the recession in a way which positively benefits all Islanders. I am pleased that the statements being made by the United Kingdom Prime Minister and other world leaders reinforce their commitment to a level playing field and recognise that there is a clear distinction between those international financial centres like Jersey who operate to internationally accepted standards and who are co-operating with exchange of information on tax matters and others who do not. The same understanding is emerging from the United States as is evidenced by the provisions within the Levin Bill. To give one example, the President of the European Commission said, in a recent speech: "There is no legal definition in E.C. (European Commission) or international law for tax havens or offshore financial centres. We have to be clear that some offshore financial centres are co-operating and accept recognised internationally accepted standards and others do not." He then went on to say: "The O.E. C.D . global forum on tax matters is drawing up a new list of jurisdictions that are not co- operating for exchange of information on tax matters." We called in Berlin for a list of unco- operative jurisdictions and a toolbox of sanctions. I understand the proposals in relation to unco- operative jurisdictions will be discussed at the Finance Minister's meeting this coming weekend and will be reviewed at the G-20 London Summit. I know that some Members and people in the Island are worried by the reports from the media. I am determined to do everything possible to ensure that Jersey emerges from the current turmoil and uncertainty in better shape to benefit from our position as a leading international finance centre. We are not and will not be complacent but I believe that our actions in recent years in reforming our tax systems, seeking the highest appropriate standard of regulation and business performance and engaging positively in the T.I.E.A. process, means that we have nothing to fear from the G-20 and subsequent processes. Indeed, it seems to me that it is those of our competitors who are pursuing isolationist, non-co- operative agendas which should be fearful and I think their clients should be reviewing their positions very carefully. Of course, the G-20 Summit is only one step in a very long process and we have much more work to do. I envisage that some of our highest priority work streams in the near future would be to support, protect and enhance our finance industry as this will benefit all Islanders. I am committed to doing so and I will continue to report on progress as major issues

emerge. Thank you. [Approbation]

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

Thank you, 2 related points; would the Chief Minister calculate for the House how much business approximately will be lost by this and, secondly, would he acknowledge that this is essentially the first step on what could be the demise of the industry?

Senator T.A. Le Sueur :

I do not believe that any volume of respectable business will be lost. If we lose some of the margins that is perhaps no bad thing, but I think, more importantly, by protecting our position for the future we stand to gain far more than we lose.

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

Did the Minister in that previous statement imply or intend to imply that we have some non- reputable business?

Senator T.A. Le Sueur :

No, I meant to imply that some customers will choose to go to places where there are different standards adopted for their own particular reasons. It is those sort of clients, for whatever reason that they choose, who may well find that their chosen location is a different one. I believe that, on balance, we will be in a very positive position.

3. Deputy G.P. Southern :

Could the Minister outline to Members under what circumstances tax information will be exchanged and what type of businesses are concerned with the T.I.E.A.s he is currently signing?

Senator T.A. Le Sueur :

The criteria for allowing divulgence of information under a Tax Information Exchange Agreement is clearly set out in the individual agreements and certain criteria do have to be met. Providing they are met we will co-operate fully. What we will not do is engage in any fishing expeditions or other activities of that nature.

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

Could I ask the Chief Minister whether Guernsey and the Isle of Man are also on track to do this this week? They have done it? Okay. Also, the quote on the front page is: "However, more importantly, both countries have recognised Jersey as a jurisdiction committed to international co- operation" and then the Minister goes on to quote. Could I ask who that quote is from, please?

Senator T.A. Le Sueur :

That is a quotation which we have requested from the U.K. authorities and which they are prepared to give and that puts us in a much stronger position and is one of the reasons why we are now agreeing to sign the Information Exchange Agreement. That quote does come from the U.K. authorities.

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

Could I press the Chief Minister? Obviously making an international agreement in these times with our finance industry as the prime consideration for the future for employment  for Jersey and acknowledging how important this is for the Island, it is important that Jersey does get these types of assurances from the United States authorities, but it is also equally important that when we are given these assurances, States Members know specifically who we are quoting, who are giving these assurances because if it is just somebody in the Back Benches of the Civil Service in England it is hardly adequate.

Senator T.A. Le Sueur :

The quotation does not come from the Back Benches of the Civil Service, whatever they may be, it comes from people in authority and able to speak on behalf of the authorities with authority and competence.

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

Could the Chief Minister tell us how much notice he had of this meeting and whether the Tax Information Exchange Agreement that he is going to be signing is the subject of negotiation with the U.K. Government or whether there are certain paths that have been imposed by the U.K. Government?

Senator T.A. Le Sueur :

Negotiations have been in train with the U.K. authorities for the best part of the last 12 months. We have been negotiating and pressing for better terms before Jersey is prepared to sign. That is why we have delayed signing in comparison with Guernsey and the Isle of Man who signed some time ago. We have now received all the benefits that we need including, importantly, that of endorsement by the U.K. authorities and having got that endorsement, it is now, in our view, better that we sign sooner rather than later. The U.K. shares that view and that is why they asked last week if we would be interested in meeting with them this week to sign the agreement. I said yes we would and today is the day we are doing that meeting.

7. Deputy M.R. Higgins:

Could the Chief Minister just again confirm that there were no conditions imposed by U.K. Government in that agreement?

Senator T.A. Le Sueur :

No conditions imposed other than the ongoing negotiation that there inevitably is with any jurisdiction to do with its services agreements. We have achieved a situation where the terms are felt satisfactory to us, satisfactory to the industry and satisfactory to the U.K. authorities. So as far as I am concerned it is a win, win, win situation.

8. Deputy M. Tadier of St. Brelade :

Many see the G-20 Summit as the beginning of the end for offshore finance centres respectable or otherwise. Does the Chief Minister acknowledge this remote possibility that it may be so and can he inform the House what Plan B', if any, he has if Jersey does need to restructure its economy very quickly?

Senator T.A. Le Sueur :

The Deputy is entitled to his opinions. I do not believe that this will be the beginning of the end for responsible and reputable off shore financial authorities, it may well be the beginning of the end for those who are unco-operative and badly regulated. Our objective is to make sure we are in a category of those who are complying, those who are seen to be responsible so that Plan B' is not required.

9. Deputy M. Tadier :

I did ask if the worst case scenario that happens is there a Plan B.' Is the Minister saying there is no Plan B'?

Senator T.A. Le Sueur :

Without knowing the extent of what the implications might be, it is difficult to concoct a Plan B.' It is far more important, in my view, that we do not need to get into that situation by taking all the steps we possibly can to protect ourselves and to demonstrate just how good and responsible we are and that is what we are doing.

10. Deputy P.J. Rondel of St. John :

Given we are being squeezed by the U.S. and the U.K. and others, who hold people without trial, can we trust these governments? We are seeing U.K. citizens being released after 7 years in Guantanamo Bay without being charged; are you happy that you can do business and trust the U.K. Government? Is the Chief Minister happy?

Senator T.A. Le Sueur :

If we do not have some degree of trust in the world it will never get anywhere and I have to believe and trust in responsible people taking responsible attitudes in a responsible manner and so, in short, I have full trust that the U.K. will deliver what they say they will deliver and that we will deliver what we say we will deliver.

11. Deputy G.P. Southern :

Can the Minister inform Members when he will be releasing the terms of the T.I.E.A.s signed so that Members can check whether they are broadly or narrowly drawn?

Senator T.A. Le Sueur :

Any Tax Information Agreement which is signed has to come before this House to be ratified. I have already done that in respect of some which rates the Nordic countries and they will be down for a session to debate shortly. When we do the U.K. one it will be no doubt in a couple of months' time when the paper work is all completed. But the T.I.E.A. does not come into effect until and unless it has been ratified by both jurisdictions.

12. Deputy R.G. Le Hérissier:

Would the Chief Minister confirm his statement about all the finance industry was in support? Would he say that was indeed the case and if not, what were the main objections that were received from that industry?

Senator T.A. Le Sueur :

It is not possible for me to ask every single practitioner in every single area of the financial services industry and that is why I got a view from Jersey Finance Limited as a whole, representing every sector of that industry. The response from Jersey Finance Limited was that the industry, as a whole, was supportive of pursuing with the signing of the Tax Information Exchange Agreement. There may be individual parties who have a different point of view. All I can say is that the majority view, a clear majority view expressed by Jersey Finance Limited, was that the industry was in support.

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

I just wondered what the financial and manpower implications would be for Jersey in investigating the Income Tax Exchange Agreement for U.K. residents and what measures Jersey will be taking to investigate U.K. residents, what facilities have been afforded Jersey so that we can investigate the tax affairs of U.K. residents?

Senator T.A. Le Sueur :

It is hard to say how much the financial and manpower implications might be. Clearly there may well be requests, as there have been with, for example, in recent time the U.S. authorities, that does take some manpower and therefore some finance as well. All I can say is that whatever those costs are, they will be very small in relation to the positive benefit that we will get by being seen as being a co-operative jurisdiction.

14. Deputy D.J.A. Wimberley of St. Mary :

Would the Chief Minister agree that if we are going to assess the risks facing the finance industry which there undoubtedly are, it is a good idea to engage with our critics and listen to what they have to say and see to try to scope the risks. In that connection, will Ministers and high-ranking officers of his department, take the opportunity of engaging with those who are coming to the seminar on Thursday evening organised by the Tax Justice Network, where people from all over Europe will be coming? Will he assure the House that he will take this opportunity of meeting with the critics?

Senator T.A. Le Sueur :

I am always ready to discuss these matters with informed critics who have come with a clear and objective point of view. I will not be attending the meeting on Thursday.

15. The Deputy of St. Mary :

Is the Chief Minister suggesting that the critics of the finance industry are ill informed? Senator T.A. Le Sueur :

I am merely stating that I am not attending the meeting on Thursday. I cast no aspersions on the views of other people but I choose to take advice from people who I believe are competent to give advice.

The Deputy Bailiff :

Very well, that completes the time allowed for questions of the Chief Minister. So now we will return to the Order Paper and the next matter is Questions and first of all written questions.

QUESTIONS

2. Written Questions

1. DEPUTY T.A. VALLOIS OF ST. SAVIOUR OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING GST EXEMPTIONS:

Question

Would the Minister advise the possible implications with regards to exempting items from Goods and Services Tax and would he provide information in relation to any work completed by the Fiscal Policy Panel concerning exemptions?

Answer

This can be quite a complex issue; even the terminology used is somewhat confusing but I will attempt to provide a response in reasonably simple terms.

Under Jersey GST we can exclude supplies from the tax base by listing them under Schedule 5 as an Exempt supply or under Schedule 6 as a Zero rate supply. These are the standard methods of providing exclusions [used in all EU systems and the UK] but there is a difference between the two. This has been explained in the States before but it is worth mentioning again.

The difference between exempt and zero-rated supplies

If a business sells zero-rated goods or services, they are taxable for GST at 0%. If it sells exempt goods or services they are not taxable for GST.

Unlike zero-rated supplies, exempt items are not treated as taxable. No tax is payable, but equally, the person making the supply cannot normally recover any of the GST on their own expenses.

A business selling only exempt goods or services generally cannot register for GST or reclaim GST on purchases. If it sells some exempt goods or services, it may not be able to reclaim GST on all of its purchases and expenses.

Consequences of the difference for both businesses and customers of each can be summarised as:

• Exemption: increased costs to businesses due to irrecoverable GST on overheads and expenses, with prices to customers reducing – if at all – by the amount of GST less GST on the irrecoverable costs. Exemption provides partial relief for GST purposes.
• Zero rating: potential lower customer prices. Zero rating can provide full relief from GST.

Implications of exclusions to GST

If further exclusions (by zero rating or exemption) were to be approved by the States the main implications are as follows:-

1. The tax base is reduced and tax revenue is lost.
2. We complicate the system – which inevitably increases compliance costs for the business community and the administration costs for the revenue agencies
3. As a result of 2. further tax revenue will be lost from reduced compliance.
4. The agencies involved (Income Tax and Customs) will need additional resources.
5. The States would need to consider making up the short fall of revenue (e.g. by increasing the rate of GST; changing the income tax rates/allowances)

The extent of the impact on 1. to 5. above will vary depending on the nature and scope of the supplies involved. In the past most of the additional exclusions approved by the States have been supplies of services which have been added to the exempt listing and the impact as outlined above has been minimised.

By way of illustration I can provide some figures based on the forthcoming proposition P28/2009 lodged by Deputy Labey and due to be debated in the States on 31st March. If this proposition was

approved in full with the supplies being treated as zero rated then the direct loss of revenue would be in the region of £6 million [over 10% of the domestic yield] and we would need to increase the staff resources by 3 (full time posts split between Customs and Income Tax).

In addition to the main implications mentioned above there are a range of other factors that would need to be considered if further supplies were excluded.

Other factors that would need to be considered

1. Implementation time:

• Legislative drafting and securing time in States Assembly,
• How long it would take businesses to make necessary changes to accounting and stock control systems, advertising and price marking – especially in-store.
• Consultation followed by design, agreement with businesses and trade bodies, of new Retail Schemes (to deal with mixed liability sales).

2. Extent of public information/education:

• Publicity campaign, involving all forms of media would be needed to explain to consumers the changes in tax liability,
• Public guides, Leaflets and Tax Information Sheets covering the different liabilities must be drafted, published and available and advance of the changes being implemented.
• Those taxpayers directly involved would require educational visits to explain the changed requirements.

3. Other impact on businesses:

• Does not simply affect those that supply direct to the public but also importers, manufacturers and wholesalers.
• Increased potential for delays at importation.
• Cost and availability of software. Many UK software suppliers will not supply into Jersey; they make most of their profit from post-sales support, and the costs of providing this to a customer in Jersey make it unattractive to do so.
• Many smaller businesses do not have computer based accounting so the impact of complex GST liability may fall disproportionately on them.

4. Increased complexity.

• Go from one retail scheme to at least six,
• Reduction in compliance (currently over 90% and better than for VAT in the UK),
• Increased scope for disagreements – appeals to Commissioners – impact of time and cost on business and Income Tax.

5. Public impact

• Would prices fall to reflect a change in GST liability to exempt or zero rate? We do live in an open market economy and based on international experience the potential savings seldom happen in full. Most recent example is the reduction of the UK standard rate from 17.5% to 15% in December 2008. Consumers appear to have benefited from the one off reduction mainly on single higher value goods (e.g. cars, electrical goods) and supplies in the service sector. Many retail prices have not changed at all but the VAT registered businesses will certainly be accounting for the tax [to UK Revenue & Customs] at the reduced rate of 15%.

Fiscal Policy Panel

The remit of the Fiscal Policy Panel is to advise the States mainly on high level macro economic issues. Under Section 5 of their 2008 Annual Report they recommended that the States does not approve decisions as part of the Business plan or Budget that undermines the tax base. More recently during a presentation in January 2009 to States members on their update, the panel commended the States for not exempting food from GST, on the basis that the States Policy of having a broad based tax with few exclusions, and increasing income support and tax allowances, provides far greater benefit to those on low to middle incomes than blanket exclusions. .

They are not alone in taking this stance. GST was the subject of an external post implementation review carried out by HM Revenue & Customs in December 2008. Their report, issued in January 2009 includes the following Recommendation – "GST should remain substantially as implemented and bedded in for at least a period of 2 years without any significant changes".

Invitation to learn more

As I mentioned at the very start of this response many of the issues listed above are complex and I can extend an invitation to the Deputy to visit the Income Office to sit down with the experts in the GST team [some of whom do have extensive experience of the UK VAT system]. I am more than happy to make the necessary arrangements.

Because this is such a complex issue I have also requested the Income Tax Office to produce a brief explanatory note on GST exclusions which I will make available next week and States members will be invited to a short presentation on the subject nearer the debate.

2. THE DEPUTY OF ST. MARTIN OF THE MINISTER FOR HOME AFFAIRS REGARDING STAFF SUSPENSIONS WITHIN THE HOME AFFAIRS DEPARTMENT:

Question

With reference to the table of suspensions produced in answer to a written question asked by the Connétable of St Lawrence on 3rd February 2009, would the Minister inform members of the total paid to date to the 9 members of staff employed by the Home Affairs Department during their period of suspension since 2007, the combined total of which amounts to approximately 3 years and 4 months, and the total sum paid to date to staff for overtime or Acting Up' to cover the work not being undertaken by the 9 suspended staff?

Answer

The total paid to date to members of staff employed by the Home Affairs Department during their period of suspension is £209,712.

The total sum paid to date to staff for overtime or Acting Up' to cover the work of suspended staff is £55,091.

3. THE DEPUTY OF ST. MARTIN OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING STAFF SUSPENSIONS WITHIN THE HEALTH AND SOCIAL SERVICES DEPARTMENT:

Question

With reference to the table of suspensions produced in answer to a written question asked by the Connétable of St Lawrence on 3rd February 2009, would the Minister inform members of the total paid to date to the 15 members of staff from the Health and Social Services Department during their period of suspension, the combined total of which amounts to approximately 5 years and 8 months, and will he inform Members of the total sum paid to date to staff for overtime or Acting Up' to cover the work not being undertaken by the 15 suspended staff?

Answer

I can confirm that the total amount paid to the 15 members of Health and Social Services staff included in the table produced on 3rd February is £448,000. The combined total sum paid to staff to cover these suspensions has been estimated at £243,000.

Decisions taken to suspend or exclude employees from work are never taken lightly. They are invoked when there are concerns about the performance or conduct of staff in an environment where the maintenance of patient safety is paramount. All suspensions or exclusions within the Health and Social Services Department are undertaken in compliance with policies and procedures agreed by the States Employment Board.

I take no pleasure in identifying these costs, particularly in an environment where such resources should be invested directly in front line services in support of direct patient care. The time often taken, in relation to exceedingly lengthy police investigations and subsequent court procedures, inhibits our capacity to act and this remains a cause of considerable concern and frustration.

4. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE INQUIRY INTO THE DEATH OF A PATIENT DURING AN OPERATION IN OCTOBER 2006:

Question

Will the Minister outline the procedure followed in appointing the organisation which will investigate the tragic death of the patient who died following an operation on 17th October 2006?

Answer

The Chief Executive of the National Patient Safety Agency was contacted by my officers to provide assistance in this important process.

The Chief Executive of the National Patient Safety Agency subsequently provided me with the names of three individuals who, in his opinion, possessed the necessary expertise, knowledge and experience required to undertake an investigation of this nature.

Having considered these individuals, I instructed my officers to approach Dr Adams and a team from the UK company, Verita, to undertake the independent Serious Untoward Incident investigation (SUI). I have satisfied myself that none of this team have had prior contact with the Jersey General Hospital, nor any members of the Clinical or Senior Management Team in Jersey. I have also instructed Verita that should they wish to draw on any external expert advice, this same condition must apply

I am currently agreeing the terms of reference that I will make public. I am very confident that this team will provide a rigorous independent report and recommendations regarding the circumstances that surrounded and led up to the tragic events of 17th October 2006.

5. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE UNDERTAKING OF PRIVATE PRACTICE BY HOSPITAL CONSULTANTS:

Question

In the light of his recent comments in the Assembly on 3rd February 2009, in response to my oral question regarding the undertaking of private practice by Hospital Consultants, will the Minister confirm whether or not he will be changing policy in this area and, if so, how ?

Answer

As Minister, I am committed to ensure the safety of Health Services and improving the quality of care for patients.

I am in the process of finalising the detail of an independent review into the circumstances surrounding the tragic death of Nurse Rourke, which is to be undertaken by Verita. I will be instructing Verita as part of their Terms of Reference to advise on what actions can be taken to improve the safety and quality of Health Services in Jersey. Should this investigation identify any issues relating to private practice undertaken by Consultants I will, of course, need to consider whether there will be a requirement to revise the current arrangements.

At this time, I remain satisfied that the long standing arrangements in place continue to work well and are of benefit to both public and private patients in Jersey. As we are a community, with only one general hospital, it currently makes good sense for us to use the facilities that we have for the benefit of all islanders requiring treatment.

Health and Social Services derive annual income of approximately £3 million from Private Patient's services and this resource is ploughed back into improving patient services at every opportunity. Within the terms of service outlined in consultants' contracts allowance is made, in respect of their on call commitments, for consultants to take some time off to undertake private work, including limited sessions for private consultations in their rooms.

The service is proud of the very significant achievements made in abolishing waiting times for periods in excess of three months. In reality this means that the vast majority of public patients are seen within weeks, rather than months, and islanders will be aware of this from their own experiences. These achievements have been made possible through the hard work and commitment of many staff and through the application of strict scrutiny, in relation to the management of public waiting lists for all specialities, so as to ensure that urgent, soon and routine cases are not compromised within the system as currently organised.

The harmonious co-existence of public and private patient care works well and continues to be a factor in attracting high calibre clinicians to live and work in Jersey through the provision of sufficient interest and variety in the work that they can be expected to undertake within the current system.

2.6` DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR SOCIAL

SECURITY REGARDING THE PRESCRIBING OF ASPIRIN BY GENERAL PRACTITIONERS:

Question

Following his recent response to questions on 24th February 2009, would the Minister confirm if Asprin as prescribed by a GP is different to Asprin bought over the counter' and, if so, how ?

Answer

Aspirin 300 mg and 75 mg are medicines which are available to purchase without prescription or "over the counter". They may also be prescribed by a GP as they are approved medicines and therefore attract pharmaceutical benefit under the Health Insurance (Jersey) Law 1967. The inclusion of over the counter medicines on the Health Insurance Formulary provides doctors with the necessary flexibility to prescribe all relevant medicines for a person's medical conditions.

Aspirin 300mg (a non-opioid analgesia) is clinically indicated for mild to moderate pain and pyrexia as well as in the initial management of unstable angina. Aspirin 75 mg (an antiplatelet medicine) is clinically indicated for prophylaxis of cerebrovascular disease or myocardial infarction.

Whilst there is no difference in Aspirin prescribed by a doctor or Aspirin bought over the counter, there is a need to realise that over the counter medicine purchases of such items are not always appropriate and a prescription is required. The decision to prescribe Aspirin will depend on the person's medical condition; treatment duration and ability to manage medicines safely.

It is commonly believed that over the counter medicines are safe and carry little risk of side effects; however, all medicines (prescription only and over the counter) have side effects and there are risks as well as benefits in their use, particularly when used in conjunction with other medicines. In both doses of Aspirin, side effects such as gastro-intestinal haemorrhage may occur and there may also be detrimental interactions with other medicines. Therefore, the doctor may prescribe these medicines as part of the person's treatment plan. In particular, although many people will use Aspirin on an intermittent basis, to treat minor ailments, the long-term, regular use of any medicine, including Aspirin, should be monitored through a general practitioner.

7. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE REGARDING THE ADMINISTRATION OF MORTGAGES FOR (j)' CATEGORY PUBLIC SECTOR EMPLOYEES:

Question

Can the Minister confirm if the administration of mortgages for j' category public sector employees has been outsourced and, if so, to whom and at what cost per annum?

Answer

Until 2003, a scheme was operated enabling public sector employees to enjoy the benefits of property ownership through the operation of the Assisted House Purchase Scheme, as public sector j employees had no other means of purchasing property in Jersey. This scheme operated on a wholly commercial and unsubsidised basis. It is now closed to new entrants, as public sector j' employees  have the ability to establish their own company through which they can purchase property. This move reduced administration, and placed public sector employees on the same footing  as  private  sector  employees.  The  ongoing  administration  of  this  closed  loan  book  is undertaken by a third party with expertise in loan administration, for which they are paid £1,400 per annum.

8. THE  DEPUTY  OF ST.  MARTIN  OF THE  MINISTER  FOR  HOME  AFFAIRS REGARDINGCOMPLAINTS MADE  AGAINST  THE STATES  AND HONORARY POLICE  AND  REFERRED TO  THE JERSEY  POLICE  COMPLAINTS AUTHORITY:

Question

1. Will the Minister advise the Assembly ofthe combined total complaints made against the States and Honorary PoliceandreferredtotheJerseyPolice Complaints Authority for each year from 2001 to December 2008?

Answer

The total complaints referred to JPCA are as follows: Total number of complaints annually

Question

2. In relation to the States Police, of the Complaints referred, how many were against –

1. Police Constables and Sergeants
2. all other ranks?

Answer

. (a) The number of complaints referred against Police Constables and Sergeants and

(b) The number of complaints referred against all other ranks are noted in the table-

SOJP Complaints by Officer grade

Question

3. How many ofthose complaints were investigated and substantiated?

Answer

All cases referred to JPCA were supervised by JPCA – investigations are undertaken by

members of SOJP Police Standards Department or by members of an external UK Police Force,  if  appointed.  The  table  shows the  number  of  cases  substantiated  or  partly substantiated in each year-

Cases substantiated against SOJP officers

Question

4. In relation to the Honorary Police of the combined total how many complaints were against –

1. Constable's Officers and Vingteniers
2. Centeniers?

Answer

In relation to the Honorary Police the analysis of complaints split between

(a)Constable's Officers and Vingteniers and (b) Centeniers is shown below-

Honorary police Complaints by Grade

Question

5. How many ofthose complaints were investigated and substantiated?

Answer

All  these  cases  were  supervised  by  JPCA  with  the  same  observations  as  regards  the

investigation process as noted in 3 above . The number substantiated is –

Honorary Police complaints substantiated

Question

6. What is the annual budget allocated to the Authority?

Answer

The annual budget allocated to the Authority remains £18,000; this is unchanged since formation.

Question

7. What formal and refresher training, if any, is given to members ofthe Authority to ensure consistency in the investigation of complaints?

Answer

The members of JPCA do not undertake investigations - that is not part of their remit under

the relevant Law. Their role is to oversee, monitor and supervise the investigation to ensure that they are carried out in an impartial, thorough and meticulous manner. JPCA is required to approve the investigating officer in the first instance.

No formal training is given to members. Their role is to take an independent and reasonable

view of the investigations, their handling and conclusions. All case files are reviewed by the Chairman of JPCA to ensure consistency of approach and periodic review meetings of all members are held.

Question

8. How many meetings are held annually by the Authority?

Answer

There are normally 2 meetings annually.

9. DEPUTY OF ST. MARTIN OF THE CHAIRMAN OF THE COMITÉ DES CONNÉTABLES REGARDING COMPLAINTS MADE AGAINST THE HONORARY POLICE:

Question

1. Will the Chairman advise members of the number of complaints made against Honorary Police Officers notified to the Comité des Connétable s for each year since the Police (Complaints and Discipline) (Jersey) Law 1999 came into force in 2001?
2. Of that number how many complaints were referred to the Jersey Police Complaints Authority?
3. Ofthe number of complaints not referred to the Jersey Police Complaints Authority, how were –

1. withdrawn
2. resolved by informal resolution?

4.Of the number of complaints made how many were against Constable's Officers and

Vingteniers and how many were substantiated?

5.Of the number of complaints made, how many were against Centeniers and how many were

substantiated?

Answer

A "complaint" is defined in the Police (Complaints and Discipline) (Jersey) Law 1999 as any complaint about the conduct of a member of the Honorary Police which is submitted to the Connétable of the parish in which that member serves –

1. by a member of the public;
2. on behalf of, and with the written consent of, a member of the public; or
3. by a member of the Force, port control officer or member of the Honorary Police otherwise than in the course of his or her duty;

Complaints are notified to the Connétable of the Parish in which the officer serves and not to the Comité des Connétable s.

All complaints are recorded, as required by the law, in a register maintained by the Connétable . The registers also contain details of some complaints which were deemed to fall outside the Law and these have not therefore been included in the answer to this question. Two complaints listed in one register related to officers of other Parishes and have also been omitted from the total for that Parish.

A complaint has to be referred to the Jersey Police Complaints Authority if it is incapable of, or not suitable for, informal resolution and the Chief Officer appoints a member of the States Police Force or  a police officer  from some other  force,  of at  least the rank of  inspector, to  carry out an investigation. All complaints referred to the Authority are listed in answer to question 2 even if the complaint was subsequently withdrawn.

A complaint is not referred to the Jersey Police Complaints Authority if it is suitable for informal resolution. Of those not referred, some were resolved informally and others were withdrawn.

The number shown as substantiated includes complaints where "words of advice" were given to an officer. Those complaints which concluded with a decision that no further action was required are considered to be unsubstantiated.

* one complaint in this year referred to an officer who was not identified; these have been recorded as "withdrawn" and it is not possible to say whether it related to a Vingtenier/CO or to a Centenier.

** 2009 complaint is currently awaiting response from H M Attorney General as to the action to be taken.

10. DEPUTY S.S.P.A. POWER OF ST. BRELADE OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE CONTINUED DELIVERY OF DOMESTIC WASTE TO BELLOZANNE:

Question

Following his response to my oral question on 24th February 2009, confirming that the new Energy from Waste plant at La Collette will only receive rubbish directly from licensed commercial and Parish refuse vehicles and that there will be no weekend dumping facilities for private persons and small vehicles, will the Minister advise what future plans, if any, the Department has to mitigate the dust and air-borne particles that will continue to arise as a result of the continued delivery of domestic waste to Bellozanne and the resultant crushing of furniture, bedding, carpets, linoleum and other materials at the Bellozanne top yard?

Answer

I am grateful to the Deputy for the opportunity to clarify this situation.

Currently, public, commercial and industrial bulky waste is delivered to the Bellozanne Refuse Handling Plant where it is shredded prior to incineration.

The La Collette Energy from Waste facility is within the hazard zone for the neighbouring Fuel storage facilities and public access has to be restricted.

Instead, the intention is to develop a purpose built Re-use and Recycling Centre for the reception of public re-usable, recyclable and compostable green waste and bulky waste with the capital vote awarded to the Department in 2010. Potential locations are being considered for this site.

The new Re-use and Recycling Centre will only receive waste from the public – no commercial vehicles will be permitted. Therefore the impact of the public deliveries will be significantly reduced.

The site will be open throughout the week and at weekends for the convenience of the public. There will not be any crushing or shredding of waste on site.

The majority of waste will be separated for re-use, recycling or composting and transported for reprocessing. The remaining residual waste will be transferred to the Energy from Waste facility at La Collette.

11. DEPUTY S.S.P.A. POWER OF ST. BRELADE OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE USE OF LIBERATION STATION AS AN EXTENSION TO THE MAIN TAXI RANK AT THE WEIGHBRIDGE:

Question

Can the Minister advise whether any thought has ever been given to using Liberation Station on Friday and Saturday nights for use as an extension to the main taxi rank at the Weighbridge and if not, why not?

Answer

The department advises that there were many discussions which took place prior to Liberation Station opening  in September  2007 regarding the use of the outside stands.  An extension or additional taxi rank operating on Friday and Saturday nights was one proposal and the views of interested parties, including the Police and the taxi drivers were sought. At that time, the decision was taken to maintain the main rank at the Weighbridge which is clearly well established, operates 24/7 throughout the year and is easier for policing the area. Furthermore, buses continue to operate from the outside stands up until the last bus departs which would curtail the area available for taxis.

12. DEPUTY S.S.PA. POWER OF ST. BRELADE OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE UPKEEP OF LA FOLIE INN: Question

Can the Minister explain why La Folie Inn, owned by the States, has been left empty for over 6 years and can he advise the cost of re-roofing the building prior to its closure?

Answer

In November 2004, the Harbours and Airport Committee agreed to release the then licensee of La Folie Inn from his contract following notice to quit due to a downturn in business. As the property was included in the Jersey Harbours Master Plan it was not considered appropriate to enter into a long term lease without any assurance of redevelopment. Consequently it was proposed that a 3 to 5 year lease agreement with a new tenant be secured.

Expressions of  interest  in the site were received and a preferred developer selected, however unfortunately this developer failed to complete and the planning process ended. In 2006, the site was re-advertised for a short term lease; the long term intention always being to redevelop the whole area.

This process failed to find a suitable tenant as the building requires significant investment to make a return.

La Folie quay is currently being master-planned by Jersey Harbours, WEB and Property Holdings with the intention of maximising the greater value of the whole site for marine leisure in the long term.

The work to re-roof La Folie Inn was carried out in 2002 at a cost of £25,000.

13. DEPUTY S. PITMAN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING SUPPORT FOR THOSE MADE REDUNDANT THROUGH INSOLVENCY IN JERSEY:

Question

Will the Minister inform members what proportion of ex-Woolworth employees have now received their statutory notice payments through the Social Security Department, and if this is less than 100%, explain the circumstances preventing completion and the action he is taking to deal with it?

Will the Minister inform members of what he takes to be the terms of the moral precedent' referred to in the debate on P9/2009? Will he further inform members what actions, if any, he will take in the case of individuals made redundant through insolvency in Jersey throughout this year, and agree to publicise the system he has set in place to assist such individuals? In particular, will he state whether he is involved in assisting employees of Pound World with their claim for statutory notice payments?

Answer

Of the 43 former Woolworths employees, the employment data and notice payment entitlements of 34 former employees have been validated and confirmed. 21 of those 34 individuals have assigned their right to the States. Cheques have been posted to all 21 of those individuals totalling over £95,000, which represents more than two thirds of the total amount due.

Six individuals have outstanding issues regarding their start dates and continuity of employment. The employees' legal representative has been asked to confirm these details with their clients to enable the Department to determine the correct notice payments due to them at the earliest opportunity. The employment details of three employees were verified late last week and assignments are being prepared for signing.

Thirteen individuals have not yet come forward to sign the assignments that have been prepared for them.

The Social Security, Law Officers' and Viscount's Departments have done everything possible for the notice payments to be issued as quickly as possible.

The Minister believes that a moral precedent has been set for other employees in the Island who come to find themselves in the same situation as the former employees of Woolworths. The Minister is seeking appropriate funding to enable the Department to act upon this precedent, which would be effective from the date that the States adopted the Proposition (P9/2009); 4th February 2009.

Provided that funds are made available to the Social Security Department, plans are underway to enable the Minister and the Department to act upon the precedent. It would be necessary to establish whether the relevant criteria have been met in each case of an employer's failure to give statutory notice (or pay in lieu) where employees have been made redundant due to insolvency.

Members will appreciate that resources and funding must be identified and staff must be fully briefed in order to deal with what is an unquantifiable additional workload and cost, with unknown parameters. In addition to the resources of the Viscounts and Law Officers' Departments, the Social Security Department alone has provided the equivalent of one full time Officer since Christmas to address the outcomes of the closure of Woolworths, in order to provide the necessary advice, assistance and arrangements for making the notice payments.

The precedent would apply until such a time as an Insolvency Scheme is has been set up in Jersey. The Minister will receive a report on insolvency issues from Officers of the Social Security Department by the end of March and he intends that an insolvency fund would be set up by the end of 2009.

Officers of the Social Security Department have on numerous occasions during the past month visited and telephoned the managers of Poundworld to offer assistance, advice and presentations to staff, however despite the best efforts of the Department, those offers have unfortunately not been not taken up. It is understood that the Jersey Advisory and Conciliation Service has had some recent involvement with Poundworld employees in regard to their rights under the Employment (Jersey) Law 2003.

The Department was advised by the administrators of Poundworld in mid February that it was intended to continue trading for at least a further six weeks. At that stage the administrators were not able to advise the Department whether statutory notice of termination of employment, or pay in lieu, would be given to the employees. As Poundworld will continue to trade until 14th March and closure is inevitable, the Minister is not aware of any reason why notice of termination of employment could not have been given to the employees sooner. Six weeks notice would have fulfilled the minimum period of notice requirements of the law for employees with less than 5 years service, and a payment in lieu of notice would not be required from the employer or the States.

The Department has not been provided with sufficient information to determine conclusively that adequate notice (or pay in lieu) has not, and will not, be given to the employees. The Minister understands from recent contact with an employee of Poundworld that there is still some optimism that any statutory periods of notice owed when the business closes will be paid in lieu.

When the Department has been provided with sufficient information to establish if and when notice was given to the employees, the Minister will be able to consider whether the moral precedent set by P9/2009 applies to the employees of Poundworld. If the precedent does apply and sufficient notice has not been given to each Poundworld employee, the Department will require further details of each employee's terms and conditions of employment for validation in order to determine what claims the employees may have to pay in lieu of statutory notice under the Employment Law.

14. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHAIRMAN OF PRIVILEGES AND PROCEDURES COMMITTEE REGARDING THE ENCOURAGEMENT OF POSTAL VOTING:

Question

Will the Chairman inform members whether additional measures were considered following the enactment of Article 39A of Pubic Elections Law (Jersey) 2002 on 31st October 2008 to –

1. encourage voting by post especially by the housebound and those with a learning disability;
2. inform constituents of the new regulations concerning postal voting;
3. display posters advertising a telephone number for those who wished to vote by post

and if not, why not?

Answer

An extensive advertising campaign was undertaken in 2008 to ensure that Islanders were aware of the elections and to encourage them to vote. The campaign, which included 2 inserts in the Jersey Evening Post, drew attention to the facility for postal and pre-poll voting and gave relevant contact information. Adverts also encouraged Islanders to phone their parish hall should they have any questions, and informed them that further information was available at www.vote.je. Although not all of the points raised by Deputy Southern were necessarily specifically addressed, measures have been in place since the 2002 Law was brought into force for postal votes to be cast by persons unable to attend the polling station. The question is concerned with only Article 39A of the relevant Law and the changes made by that Article were communicated to every candidate in the Elections for Deputy .

Staff at the Island's parish halls were available to answer any queries, and would have been able to assist anyone who was not aware of the regulations concerning postal voting. They would also have notified interested parties of the provision under the law for anyone to request a sick' vote on the day of the poll and receive a personal visit from the Autorisé or his designated assistant.

All candidates were notified of relevant postal voting procedures by the Deputy Judicial Greffier in a letter dated 6th November 2008. That letter contained the following information relating to Article 39A –

"I draw your specific attention to Public Elections (Amendment No. 3) (Jersey) Law 2008,

which came into force on the 31st October, 2008, and which makes it an offence for a candidate or a representative of a candidate:

1. to complete, ortoassist a personto complete an application formtoregisteras a postalor pre-poll voter;
2. to deliver, or cause to be delivered, to the Judicial Greffier, on behalf of such person any form or application for a postal or pre-poll vote; or
3. to provide transport for such person so as to enable them to make an application in person to the Judicial Greffier for a postal or pre-poll vote.

The law permits a candidate, or a representative of a candidate, to provide a person with a blank application form to register as a postal or pre-poll voter.

If you have any queries in relation to postal or pre-poll voting, please do not hesitate to

contact [NAME], the Postal & Pre-Poll Voting Officer, on 441314, or myself on 441383.

As a result of this letter all candidates were fully aware of the statutory procedures relating to postal voting and were therefore in a position to advise voters accordingly if asked.

I would like to inform members that, the Privileges and Procedures Committee will be considering all voting procedures in the Public Elections Law 2002 in the coming months.

15. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHAIRMAN OF THE COMITÉ DES CONNÉTABLES REGARDING MEASURES TO INCREASE VIOTER PARTICIPATION IN THE NEXT ELECTION:

Question

What measures, if any, does the Comité have under consideration to increase voter participation in the next election, especially for those who are housebound or otherwise disabled and for whom a postal vote is essential if they are to vote?

Has the Comité considered the latest changes in the UK to render postal voting for persons with disability easier, and, if so, will the Connétable s be adopting some or all of the initiatives?

Answer

The Comité has not, as yet, considered any measures to increase voter participation in the next election but it is intended to hold a meeting with the Jurats and the Judicial Greffier to highlight any concerns raised from the 2008 elections.

In relation to those who are housebound or otherwise disabled, every Parish makes provision to assist ill or disabled voters to ensure their vote is cast on polling day. The Gazette notice advertising the arrangements for polling day always refers to the availability of postal voting and electors who are unable to vote by postal voting, who are confined to their homes owing to illness or disability and who wish to have their votes recorded by the Autorisé or Adjoint, are requested to notify their respective Parish Hall so that arrangements may be made for the elector to be visited on polling day. The provisions in the Public Elections (Jersey) Law 2002 (and similar provisions existed in earlier laws) are as follows:

Article 35 Ill or disabled voters

1. Inthecaseof a person entitled tovotewho is ill, disabledor illiterate, the Autoriséoran Adjoint may take such measures as he or she considers appropriate for taking his or her vote, provided secrecy in voting is maintained.
2. Those measures may include a visit to the person for the purpose of delivering a ballot paperto the person, attending whilst the person records his or her voteon it, and bringing the ballot paper back to the polling station and placing it in the ballot box.

The Comité has not yet considered the latest changes in the UK to render postal voting for persons with disability easier and therefore I am unable to say whether or not the Connétable s will be adopting some or all of the initiatives.

16. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE DELIVERY OF AN ALL-YEAR- ROUND' SERVICE TO STANSTED:

Question

Will the Minister inform members whether terms are included in the Service Level Agreement to ensure that the recently announced new all-year round air service to Stansted actually does deliver all-year round' and is not curtailed or vastly reduced in October, and if not, why?

Answer

I can confirm that no Service Level Agreement or subsidy is in place with the airline starting services to London Stansted.

We are pleased about the airline's intention to offer this service on a year-round basis. The ability to sustain a year-round route, however, will be determined by the market's demand for the service.

17. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING PROPOSALS FOR FISCAL SUPPORT TO HELP THE ECONOMY THROUGH THE RECESSION:

Question

Is the Minister able to inform members of the details of his proposals for fiscal support to help the economy through the recession and, if not, when will he be in a position do so?

Answer

The Fiscal Stimulus package is still being developed and the intention remains that it will be lodged alongside the Strategic Plan on April 8. In the meantime I will shortly seek public advice from the Fiscal Policy Panel on the key issues surrounding when and how we should use the Stabilisation Fund to support the economy. Their advice will help me develop the proposals I bring to the States in April and inform members of the Panel's views on some of the key issues. The FPP will also publish its annual report in May this year so that States members are fully informed before they are asked to vote on the Fiscal Stimulus.

18. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY  REGARDING  TIMESCALES  FOR  DEALING  WITH  VARIOUS INCOME SUPPORT PAYMENTS: