States Meeting Transcript - 17/11/2009

STATES OF JERSEY OFFICIAL REPORT

TUESDAY, 17th NOVEMBER 2009

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

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

1. DEPUTY P.V.F LE CLAIRE OF ST. HELIER OF THE CHIEF MINISTER REGARDING LAW SUITS AGAINST THE STATES IN THE PAST 5 YEARS:......9
2. DEPUTY P.V.F. LE CLAIRE OF ST. HELIER OF THE CHIEF MINISTER REGARDING LEASES SIGNED BY WEB FOR LEISURE FACILITIES ON THE WATERFRONT:........................................................................9
3. DEPUTY P.V.F. LE CLAIRE OF ST. HELIER OF THE CHAIRMAN OF THE COMITÉ DES CONNÉTABLES REGARDING SHOPS PERMITTED TO OPEN ON A SUNDAY:...........................................................................10
4. THE CONNÉTABLE OF ST. JOHN OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE SUPPLY OF DUTY FREE FUEL FOR MARINE AND COMMERCIAL USE:...........................................................11
5. SENATOR S.C. FERGUSON OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE RECRUITMENT AND RETENTION OF MIDDLE GRADE DOCTORS:...................................................................12
6. DEPUTY P.V.F. LE CLAIRE OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING SERIOUS CASE REVIEWS:..............13
7. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING REDUCTIONS IN WATER RATES:.............15
8. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE SUSPENSION AND DISMISSAL OF STAFF IN RELATION TO CHILD ABUSE MATTERS:............16
9. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE CHIEF MINISTER REGARDING THE FINAL PAY SETTLEMENT OF THE CHIEF EXECUTIVE OFFICER OF HEALTH AND SOCIAL SERVICES:..................................16
10. DEPUTY T.M. PITMAN OF ST. HELIER OF H.M. ATTORNEY GENERAL REGARDING THE SUPPLY OF BLACKBERRY MOBILE PHONES TO

MINISTERS AND ASSISTANT MINISTERS:........................................17

11. DEPUTY T. M. PITMAN OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE SUPPLY OF BLACKBERRY MOBILE PHONES TO MEMBERS OF THE EXECUTIVE:..........................................................................17
12. DEPUTY T. M. PITMAN OF ST. HELIER OF THE CHIEF MINISTER REGARDING BILLS FOR BLACKBERRY MOBILE PHONES:....................................18
13. DEPUTY T. M. PITMAN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE TAX INTAKE FROM 1(1)(K) RESIDENTS: 20
14. DEPUTY T. M. PITMAN OF ST. HELIER OF H.M. ATTORNEY GENERAL REGARDING CONFIDENTIALITY ISSUES:........................................20

15. THE DEPUTY OF ST. MARTIN OF THE CHIEF MINISTER REGARDING THE INDEPENDENT REVIEW OF THE 3-YEAR SUSPENSION OF A CONSULTANT GYNAECOLOGIST: ..................................................................21
16. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE DIVIDENDS ON SHAREHOLDINGS IN THE JERSEY NEW WATERWORKS COMPANY LIMITED:........................23
17. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING SERIOUS CASE REVIEWS:...24
18. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE LEVEL OF WATER RATES AND CHARGES BY THE JERSEY NEW WATERWORKS COMPANY LIMITED:...................24
19. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING REDUNDANCIES AT THE JERSEY NEW WATERWORKS COMPANY LIMITED: .............................................25
20. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE DELOITTE ESTIMATE OF LOST TAX REVENUES GIVEN IN THE FOOT REPORT:..................................................................26
21. THE DEPUTY OF ST. MARY OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE NUMBER OF DAMAGE-ONLY ACCIDENTS ON THE ISLAND'S ROAD NETWORK:..............................27
22. THE DEPUTY OF ST. MARY OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING DATA PROTECTION: .................................27
23. BY SENATOR J.L. PERCHARD OF THE CHAIRMAN OF THE PRIVILEGES AND PROCEDURES COMMITTEE REGARDING LIMITING PROPOSITIONS AND LENGTHS OF SPEECHES:............................................................28

2. Oral Questions...........................................................................29

1. Deputy F.J. Hill of St. Martin of the Minister for Home Affairs regarding the suspension of the Chief Officer of the States of Jersey Police:......................................29 Senator B.I. Le Marquand (The Minister for Home Affairs): .................................29

1. The Deputy of St. Martin:..............................................................31
2. The Connétable of St. Helier:...........................................................31
3. The Connétable of St. Helier:...........................................................32
4. Deputy M.R. Higgins of St. Helier:.....................................................32
5. Deputy M. Tadier of St. Brelade:.......................................................32
6. Senator J.L. Perchard:..................................................................32

2. Deputy K.C. Lewis of St. Saviour of the Chief Minister regarding the proposed redundancies of a quarter of Jersey Telecom employees and 20 Jersey New Waterworks employees: .............................................................................32 Senator T.A. Le Sueur (The Chief Minister):.................................................32

2.2.1 Deputy K.C. Lewis :....................................................................33 2.2.2. Deputy G.P. Southern of St. Helier:....................................................33

3. Deputy T.M. Pitman of St. Helier:......................................................33
4. The Connétable of St. Helier:...........................................................33
5. Deputy R.G. Le Hérissier of St. Saviour:................................................34
6. Deputy R.G. Le Hérissier: ..............................................................34
7. Deputy D.J. De Sousa of St. Helier:....................................................34
8. Deputy M. Tadier :......................................................................35
9. Deputy K.C. Lewis :....................................................................35

3. Deputy C.F. Labey of Grouville of the Minister for Home Affairs regarding licensed premises seeking proof of identity and identity fraud:..................................35 Senator B.I. Le Marquand (The Minister for Home Affairs): .................................35

1. The Deputy of Grouville :...............................................................36
2. The Deputy of St. John:................................................................36
3. Deputy T.M.Pitman:...................................................................36
4. Deputy J.A. Martin of St. Helier:.......................................................36
5. Deputy M. Tadier :......................................................................37
6. Deputy M. Tadier :......................................................................37
7. Deputy A.T. Dupre of St. Clement:.....................................................37

8. The Deputy of Grouville :...............................................................37

4. Deputy P.V.F. Le Claire of St. Helier of the Assistant Minister for Treasury and Resources regarding the funding mechanisms and support from the States of Jersey provided to the Jersey Homes Trust:....................................................38 Deputy E.J. Noel of St. Lawrence (Assistant Minister for Treasury and Resources):..........38

1. Deputy P.V.F. Le Claire: ...............................................................38
2. Deputy G.P. Southern :..................................................................38

3. Deputy G.P. Southern :..................................................................39
4. Senator S.C. Ferguson:..................................................................39
5. Senator S.C. Ferguson:.................................................................39
6. Deputy T.M.Pitman:...................................................................39
7. Deputy J.A. Martin:....................................................................39
8. Deputy P.V.F. Le Claire: ...............................................................40

5. Deputy D.J. De Sousa of the Minister for Social Security regarding the conformity of the actions of Jersey New Waterworks Company Limited with the conditions laid out in the Employment (Jersey) Law 2003: .......................................................40 Deputy I.J. Gorst of St. Clement (The Minister for Social Security):..........................40

1. Deputy D.J. De Sousa:.................................................................40
   2. Deputy G.P. Southern :..................................................................40

3. Deputy G.P. Southern :..................................................................41
4. Deputy D.J. De Sousa:..................................................................41

6. Deputy R.G. Le Hérissier of the Minister for Home Affairs regarding the suspension of the Chief Officer of Police:.............................................................41 Senator B.I. Le Marquand (The Minister for Home Affairs): .................................41

1. Deputy R.G. Le Hérissier: ..............................................................42
2. The Connétable of St. Helier:...........................................................42
3. The Deputy of St. John:................................................................42

4. Deputy G.P. Southern :..................................................................42
5. The Deputy of St. Martin:..............................................................42
6. The Connétable of St. Helier:...........................................................43
7. Deputy R.G. Le Hérissier: ..............................................................43
8. Deputy R.G. Le Hérissier: ..............................................................43

7. Deputy S. Pitman of St. Helier of the Minister for Social Security regarding the impact of Long Term Incapacity Allowance increases on Income Support:.......................44 Deputy I.J. Gorst (The Minister for Social Security):.........................................44

1. Deputy G.P. Southern :..................................................................44
   2. Deputy G.P. Southern : .................................................................44
2. Deputy S.Pitman:......................................................................45

8. The Deputy of St. John of the Minister for Economic Development regarding the registration and staffing of charter and fishing vessels: .................................45 Senator A.J.H. Maclean (The Minister for Economic Development):.........................45

1. The Deputy of St. John:................................................................46
2. The Deputy of St. John:................................................................46
3. The Deputy of St. John:................................................................46

9. Deputy S. Power of St. Brelade of the Minister for Transport and Technical Services regarding defective vehicles:............................................................47 Deputy K.C. Lewis (Assistant Minister for Transport and Technical Services - rapporteur):..47

2.9.1 Deputy S. Power:.......................................................................48

10. Deputy G.P. Southern of the Minister for Treasury and Resources regarding the redundancies at Jersey Telecom:........................................................48 Deputy E.J. Noel (Assistant Minister for Treasury and Resources - rapporteur):..............48

1. Deputy G.P. Southern : ..............................................................48
2. Deputy G.P. Southern : ..............................................................48
3. Deputy T.M.Pitman:................................................................49
4. Deputy J.A. Martin: .................................................................49
5. Deputy D.J. De Sousa: ..............................................................49
6. Deputy G.P. Southern : ..............................................................49
7. Deputy S.Pitman:...................................................................50
8. Senator P.F. Routier:................................................................50
9. Deputy T.A. Vallois of St. Saviour:..................................................50
10. Connétable D.J. Murphy of Grouville :.............................................50
11. Deputy R.G. Le Hérissier:..........................................................50
12. Deputy G.P. Southern :.............................................................51

11. Deputy T.M. Pitman of the Minister for Economic Development regarding Jayen's ownership and staff:....................................................................51 Senator A.J.H. Maclean (The Minister for Economic Development):.........................51

1. Deputy T.M.Pitman:................................................................51
2. Deputy G.P. Southern : ..............................................................51
3. Deputy G.P. Southern : ..............................................................52
4. Deputy D.J. De Sousa: ..............................................................52
5. Senator S.C. Ferguson:..............................................................52
6. Deputy S.Pitman:...................................................................52
7. Deputy J.A. Martin: .................................................................53
8. Deputy G.P. Southern : ..............................................................53

12. The Deputy of St. John of the Minister for Treasury and Resources regarding the redundancy rights of the staff at Jersey Telecom:.......................................53 Deputy E.J. Noel (Assistant Minister for Treasury and Resources - rapporteur):..............54

1. The Deputy of St. John:..............................................................54
2. Deputy G.P. Southern : ..............................................................54
3. Deputy D.J. De Sousa: ..............................................................54
4. Deputy G.P. Southern : ..............................................................54
5. Deputy G.P. Southern : ..............................................................54
6. The Deputy of St. John:..............................................................55

13. The Deputy of St. Martin of the Minister for Treasury and Resources regarding the compatibility of the Draft Data Protection (Amendment No. 2) (Jersey) Law 200- with the Human Rights (Jersey) Law 2000: ..................................................55 Deputy E.J. Noel (Assistant Minister for Treasury and Resources - rapporteur):..............55

1. The Deputy of St. Martin : ...........................................................55
2. Deputy G.P. Southern : ..............................................................56
3. Deputy R.G. Le Hérissier:...........................................................56
4. Deputy R.G. Le Hérissier:...........................................................56
5. Senator S.C. Ferguson:..............................................................56
6. Deputy T.A. Vallois:................................................................56
7. Deputy G.P. Southern : ..............................................................57
8. Deputy D.J.A. Wimberley of St. Mary : ..............................................57
9. The Deputy of St. Martin : ...........................................................57

14. Deputy G.P. Southern of the Minister for Treasury and Resources regarding the estimated cost in lost tax in respect of the redundancies at Jersey Telecom: ............57 Deputy E.J. Noel (Assistant Minister for Treasury and Resources - rapporteur):..............57

1. Deputy G.P. Southern : ..............................................................57
2. Deputy G.P. Southern : ..............................................................58
3. Deputy G.P. Southern : ..............................................................58
4. Deputy D.J. De Sousa: ..............................................................58

15. Deputy R.G. Le Hérissier of the Chief Minister regarding the source from which staff under suspension were paid: ............................................................58 Senator T.A. Le Sueur (The Chief Minister):.................................................58

1. Deputy R.G. Le Hérissier:...........................................................59
2. The Deputy of Grouville : ............................................................59

Questions to Ministers Without Notice - The Minister for Economic Development........60

1. Deputy K.C. Lewis :....................................................................60 Senator A.J.H. Maclean (The Minister for Economic Development):.........................60
2. The Deputy of St. John:................................................................60

3.2.1 The Deputy of St. John:................................................................60

3. Deputy G.P. Southern :..................................................................61
4. Connétable J. Gallichan of St. Mary : ...................................................61
5. Deputy D.J. De Sousa:..................................................................61
6. The Connétable of Grouville :...........................................................62

3.6.1 The Connétable of Grouville :...........................................................62

7. Deputy J.B. Fox of St. Helier:..........................................................62
8. Deputy C.H. Egré of St. Peter:..........................................................62

3.8.1 The Deputy of St. Peter : ................................................................62

9. Deputy R.G. Le Hérissier: ..............................................................63

3.9.1 Deputy R.G. Le Hérissier: ..............................................................63

10. Connétable G.F. Butcher of St. John:...................................................63

4. Questions to Ministers Without Notice - The Chief Minister..........................64

1. Deputy T.M.Pitman:...................................................................64 Senator T.A. Le Sueur (The Chief Minister):.................................................64

1. Deputy T.M.Pitman:...................................................................64
   2. Deputy P.V.F. Le Claire: ...............................................................64

4.2.1 Deputy P.V.F. Le Claire: ...............................................................65

3. Deputy T.A. Vallois: ...................................................................65

4.3.1 Deputy T.A. Vallois: ...................................................................65

4. Deputy M. Tadier :......................................................................66

4.4.1 Deputy M. Tadier :......................................................................66

5. The Deputy of St. Martin:..............................................................66

4.5.1 The Deputy of St. Martin:..............................................................66

6. The Connétable of Grouville :...........................................................67

4.6.1 The Connétable of Grouville :...........................................................67

7. Deputy G.P. Southern :..................................................................67

PERSONAL STATEMENTS....................................................................68

5. Personal Statement by the Deputy of St. Mary regarding the Depositor Compensation Scheme...................................................................................68

5.1 The Deputy of St. Mary:................................................................68

STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY........................69

6. Statement by the Chairman of the Comité des Connétable s regarding the use of warrant cards by the Connétable s......................................................69

6.1 Connétable K.P. Vibert of St. Ouen (Chairman, Comité des Connétable s):.............69

1. The Deputy of St. John:................................................................69
2. The Deputy of Grouville :...............................................................69
3. Deputy M. Tadier :......................................................................70
4. Deputy J.A. Martin:....................................................................70
5. Connétable J.M. Refault of St. Peter:...................................................70
6. The Deputy of St. Martin:..............................................................70
7. The Deputy of St. Martin:..............................................................71
8. Deputy M. Tadier :......................................................................71
9. Deputy M. Tadier :......................................................................71
10. Deputy J.A. Martin: .................................................................71
11. The Deputy of Grouville : ............................................................71

7. Statement by the Minister for Health and Social Services regarding swine flu........72

7.1 Deputy A.E. Pryke of Trinity (The Minister for Health and Social Services):...........72

1. The Deputy of St. John:................................................................72
2. Deputy K.C. Lewis :....................................................................72
3. Deputy I.J. Gorst : ......................................................................73
4. Deputy M. Tadier :......................................................................73
5. Deputy J.A. Hilton of St. Helier:........................................................73
6. Senator S.C. Ferguson:.................................................................74
7. Deputy D.J. De Sousa:..................................................................74
8. Deputy J.M. Maçon of St. Saviour:.....................................................74

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

8. Manual Workers' Joint Council: Membership (P.172/2009)..........................75

8.1 Senator T.A. Le Sueur (The Chief Minister):...........................................75

1. Deputy D.J. De Sousa:..................................................................76
2. Deputy G.P. Southern :..................................................................76
3. The Deputy of St. Martin:..............................................................76
4. The Connétable of St. Brelade:.........................................................77

LUNCHEON ADJOURNMENT................................................................77

5. Deputy T.M.Pitman:...................................................................77
6. Senator P.F. Routier: ...................................................................78
7. Senator A. Breckon: ....................................................................78
8. The Deputy of St. Mary:................................................................78
9. Deputy G.P. Southern :..................................................................79
10. Deputy A.K.F. Green:...............................................................79
11. Senator T.A. Le Sueur:..............................................................79

9. Public Holidays and Bank Holidays: designation of 26th December 2009 (P.173/2009) ...........................................................................................81

9.1 Deputy S. Pitman:......................................................................81

1. Deputy A.K.F. Green:..................................................................83
2. Deputy D.J. De Sousa:..................................................................84
3. The Connétable of St. Ouen:............................................................84
4. The Deputy of St. John:................................................................84
5. Deputy J.A.N. Le Fondré of St. Lawrence : .............................................84

6. Senator A. Breckon: ....................................................................86
7. Deputy J.M. Maçon:....................................................................87
8. Deputy J.A. Martin:....................................................................87
9. Deputy A.E. Jeune of St. Brelade:......................................................88
10. Deputy G.P. Southern : ..............................................................89
11. Deputy M. Tadier :...................................................................89
12. Deputy E.J. Noel:....................................................................90
13. The Deputy of St. Mary:.............................................................91
14. The Deputy of St. Peter:.............................................................91
15. Senator P.F. Routier:................................................................92
16. The Connétable of St. Brelade:......................................................92
17. Senator T.A. Le Sueur:..............................................................92
18. Deputy T.M.Pitman:................................................................93 Senator P.F. Routier:..........................................................................95 Deputy T.M.Pitman:.........................................................................95 The Deputy of St. Mary:......................................................................95
19. Deputy A.T. Dupre:.................................................................96
20. Deputy S.Pitman:...................................................................96

10. Draft Gambling Commission (Jersey) Law 200- (P.139/2009).........................97

10.1 Connétable L. Norman of St. Clement (Assistant Minister for Economic Development - rapporteur)..............................................................................98

1. Deputy J.B. Fox:...................................................................100
2. The Deputy of St. John:............................................................100
3. The Deputy of St. Martin : ..........................................................101
4. Deputy J.M. Maçon:................................................................103
5. Deputy J.G. Reed of St. Ouen : .....................................................103
6. Senator S.C. Ferguson:.............................................................104
7. Deputy P.V.F. Le Claire:...........................................................104
8. Deputy A.K.F. Green:..............................................................104
9. Deputy M. Tadier :..................................................................105
10. The Connétable of St. Clement:..................................................106
11. Senator T.J. Le Main: ............................................................107
12. The Deputy of St. Mary:..........................................................108
13. Deputy P.V.F. Le Claire: .........................................................108
14. Senator B.E. Shenton:............................................................109
15. Deputy T.M.Pitman:.............................................................109
16. The Deputy of St. John:..........................................................109
17. Deputy J.A. Martin:..............................................................109
18. Deputy G.P. Southern :............................................................110
19. Senator A.J.H. Maclean:..........................................................110
20. Deputy R.G. Le Hérissier:........................................................111
21. Deputy A.K.F. Green:............................................................111
22. Deputy A.E. Jeune :...............................................................112
23. The Connétable of St. Mary:......................................................112
24. Senator P.F. Routier:..............................................................112
25. Senator T.A. Le Sueur:...........................................................112
26. Deputy D.J. De Sousa:............................................................113
27. The Deputy of St. Martin:........................................................113
28. Deputy M. Tadier : ................................................................113

ARRANGEMENT OF PUBLIC BUSINESS FOR FUTURE MEETINGS ..................115

ADJOURNMENT..............................................................................116

The Roll was called and the Deputy Greffier led the Assembly in Prayer.

QUESTIONS

1. Written Questions

1. DEPUTY P.V.F LE CLAIRE OF ST. HELIER OF THE CHIEF MINISTER REGARDING LAW SUITS AGAINST THE STATES IN THE PAST 5 YEARS:

Question

What was the total amount of money paid out in relation to lawsuits against the States in each of the last 5 years, both as a result of court findings and settlements out of court; how many of the cases settled out of court included non-disclosure agreements and what is the total amount of those monies over that 5 year period?

Answer

The Chief Minister is not in a position to provide an answer to this question, since any response would be based on limited or partially complete information.

The following points are noted:

• The vast majority of claims against the States are dealt with either under the States insurance policy or, where claims relate to alleged medical negligence, by the insurer of the individual medical practitioner involved. Where a claim is dealt with by the States insurer, the insurer appoints a private sector advocate to deal with the claim on its behalf and the outcome of the action is communicated to the States Treasury on a regular basis once the claim is settled. The outcome of most medical claims are communicated to the Health and Social Services Department but as there is more than one insurer dealing with claims, the outcomes are sometimes only communicated to the practitioner, not the Department;
• The terms of settlement may not be confined to the compromise of an individual claim;
• Many disputes/claims are settled before an Order of Justice is issued by the claimant;
• In light of the points set out above, there is no central source of information in respect of all claims arising.

2. DEPUTY P.V.F. LE CLAIRE OF ST. HELIER OF THE CHIEF MINISTER REGARDING LEASES SIGNED BY WEB FOR LEISURE FACILITIES ON THE WATERFRONT:

Question

Are there break clauses in relation to the leases signed by the Waterfront Enterprise Board for the swimming pool and leisure facilities on the Waterfront and, if so, what are they?

When do they become available to break and how would the States break these leases prior to the end of the 150 year initial lease agreements debated in the States?

Answer

The States of Jersey approved the 150 year lease of the leisure complex site from the Public of Jersey to CTP (Jersey) Limited on 27th July 1999 (P92/1999).

The Public of Jersey entered a Development Agreement with CTP (Jersey) Limited on 11th August 2000 for the development of the leisure complex and new public swimming pool.

CTP received a capital subsidy of £10.9million from the States of Jersey to cover the construction costs of the swimming pool.

On completion of the swimming pool, the site was leased back to the Public for the remaining term of the head lease (c. 148 years).

On 29th November 2002 CTP provided formal notice of its intention to sell the completed leisure complex development. In accordance with the Overage Agreement, the States of Jersey had the opportunity to negotiate the purchase. On 9th December 2003 the States of Jersey approved P.172/2003 and agreed not to negotiate to purchase CTP's leasehold interest (i.e. the completed leisure complex).

CTP (Jersey) Limited subsequently disposed of its interest to Axa Sunlife Plc that is now the Landlord of the site.

The Public of Jersey do not have the ability to break the long term leasehold interest and under the terms of the leaseback must only use the site as a leisure pool and competition pool with ancillary facilities.

The Public does not pay any rent for the swimming pool site. The Public receives an annual financial contribution from the Landlord of £93,000 (indexed annually). In 2008 the contribution amounted to £101,624.

The Public of Jersey may however assign its interest in the lease.

If the Public of Jersey has assigned its interest, the Landlord may on any 25th anniversary upon giving notice, require the premises for demolition, or re-buildings, refurbishment or reconstruction.

3. DEPUTY P.V.F. LE CLAIRE OF ST. HELIER OF THE CHAIRMAN OF THE COMITÉ DES CONNÉTABLES REGARDING SHOPS PERMITTED TO OPEN ON A SUNDAY:

Question

Would the Chairman provide details of those shops currently permitted to open on Sunday within each parish including the total number of locations?

Answer

The number of permits to trade issued in accordance with Article 4(1)(a) of the Shops (Sunday Trading) (Jersey) Law 1960 is as follows (each permit relates to a separate location):

St Brelade – 36 permits St Clement – 12 permits Grouville – 12 permits St Helier – 108 permits St John – 5 permits

St Lawrence – 14 permits St Martin – 19 permits

St Mary – 2 permits

St Ouen – 15 permits

St Peter – 11 permits

St Saviour – 21 permits Trinity – 13 permits

4. THE CONNÉTABLE OF ST. JOHN OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE SUPPLY OF DUTY FREE FUEL FOR MARINE AND COMMERCIAL USE:

Question

Would the Minister please supply the following information -

How many litres of diesel have been supplied duty free for marine leisure use annually for the past 5 years?

How many litres of petrol have been supplied duty free for marine leisure use annually for the past 5 years?

How many litres of petrol have been supplied duty free for commercial use annually for the past 5 years?

How many litres of petrol have been supplied duty free for commercial use annually for the past 5 years?

Answer

The Customs and Immigration Service does not hold specific data for the type of relief that is granted for diesel as relief is available for all non-road use e.g. heating oil. However, the quantity of diesel put to marine use is recorded by the Statistics Unit of the Chief Minister's Department.

The Service does hold data for the relief of excise duty granted on petrol for marine use but does not record specifically whether this petrol is put to private or commercial use.

For the 2006 consultation on relief from duty for marine use fuels, with reference to data held the Service obtained information from local marine fuel suppliers and calculated the following proportions existed in 2005:

• Petrol put to marine use: 80% private marine use, 20% commercial marine use.
• Diesel put to marine use: 56% private marine use, 44% commercial marine use.

The data available from the Customs and Immigration Service shows that the following quantities of petrol were supplied duty free for marine use:

2004 = 555,731 litres 2005 = 617,670 litres 2006 = 500,750 litres 2007 = 552,600 litres 2008 = 506,750 litres

The data available from the Statistics Unit of the Chief Minister's Department shows that the following quantities of diesel were supplied for marine use:

2004 = 2,684,704 litres 2005 = 2,550,586 litres 2006 = 2,244,704 litres 2007 = 2,175,293 litres 2008 = 2,259,998 litres

5. SENATOR S.C. FERGUSON OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE RECRUITMENT AND RETENTION OF MIDDLE GRADE DOCTORS:

Question

Would the Health Minister explain exactly what she is doing to address the problem in recruiting and retaining middle grade doctors, on whom emergency service provision and patient safety are reliant, given that of the 46 posts in the major departments, 7 are either filled by locums, or are completely vacant?

Answer

At present it is important to note that there are no unfilled middle grade positions locally. All middle grade posts are either filled by a substantive appointment or a locum doctor.

Background

Middle grade doctors (e.g. Registrars, Staff Grades and Associate Specialists) work as part of a multidisciplinary team to deliver clinical services where they support Consultants and are themselves supported by Junior Doctors. They also work closely with nursing, diagnostic and therapy staff.

Currently there is a shortage of middle grade doctors, due to regulatory changes in the way middle grades doctors are trained and employed in the United Kingdom, in particular the need for Trusts to comply with the lowering of the working week from approximately 56 hours to 48 per week demanded by the European Working Time Directive. The British Medical Association reported that junior doctor staffing rotas were short by 3000 doctors at the end of 2008.

Current Position

As far as the positions covered by locum middle grade doctors are concerned, the reasons behind these temporary measures can be broken down into the following:-

• Three are covering long term absences;
• Two are covering shortages in the normal allocation of Registrars (on rotation) from the Wessex Deanery;
• One covering a post until the substantive appointment can take up position in April 2010;
• One covering a post converted from a junior doctor position; and,
• One covering a vacant middle grade post where the Department is out to advert for the second time;

Action Taken

In order to address this situation the Department is pursuing a number of initiatives as follows:-

• Seeking to employ suitably experienced and qualified middle grade staff from outside of the UK as well as the traditional UK market. The Department is also using specialist recruitment agencies as well as the normal recruitment channels to try and fill current vacancies;
• Where appropriate, seeking to recruit other grades of staff. For example, subject to the agreement of the business case, the Department will be seeking to employ another Consultant Gastroenterologist rather than employ another middle grade member of staff;
• After many years of negotiation, a new grade/salary structure and contract for middle grade doctors was introduced in the UK with effect April 2008. In its attempt to secure the recruitment and retention of middle grade staff to meet its needs, the Department, via the Local Negotiating Committee (LNC) is currently in the process of developing a Jersey version of the UK Agreement. This will be discussed at the LNC meeting on 18 November 2009. It is anticipated that the local negotiations will be completed within the first quarter of 2010.

6. DEPUTY P.V.F. LE CLAIRE OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING SERIOUS CASE REVIEWS:

Question

How many serious case reviews have been instigated since the Jersey Children Protection Committee was formed?

How many are currently active?

What is the procedure to initiate a serious case review and who can request one? What appeal mechanism, if any, is available for those who wish to trigger a review but are unsuccessful in doing so?

Answer

The Minister wishes to thank the Independent Chair of the Jersey Child Protection Committee for providing the information for this answer. The answer considers each element of the question in turn.

How many serious case reviews have been instigated since the Jersey Children Protection Committee was formed?

The Serious Case Review Sub-Committee of the Jersey Child Protection Committee (JCPC) was formed in 2008 and held its first meeting on 4th June 2008. It was chaired by Professor June Thoburn, and Dr Susan Turnbull is the Vice-Chair. Mike Taylor took over the role from Professor Thoburn in June 2009 on becoming Independent Chair of the JCPC.

The Serious Case Review Sub-Committee has considered the following cases since its inception:

• 7 cases have been considered for referral as Serious Case Reviews;
• 1 case has proceeded to full Serious Case Review
• 1 case was dealt with as a Serious Case Review in 2005 but less formally than present process

How many are currently active?

There is one currently active Serious Case Review and this is the one described above as proceeding to full Serious Case Review.

What is the procedure to initiate a serious case review and who can request one?

This is best answered by referring to the abstract below from the Terms of Reference of the Serious Case Review Sub-Committee:-

• Roles and responsibilities:

• To receive and undertake an initial assessment of all cases referred to it (from any source) because abuse or neglect of a child is known or suspected; and

• the child has died; or the child has been seriously harmed or the child has sustained serious and permanent impairment to health or development through abuse or neglect and
• there is cause for concern as to the way in which the States departments or voluntary agency partners or other relevant persons have worked together to safeguard the child from the abuse or neglect that led to the death or serious harm; or
• there is evidence that a child has been seriously harmed by organised and/or multiple abusers (within or outside the family) or abused within an institutional or custodial setting or
• a child who has died or been seriously injured was/is being looked after by the children's service at the time of death/injury..

• To decide whether the case falls within the above criteria and there is sufficient reason to undertake a serious case review and to make a recommendation to the Chair of the JCPC on the action to be taken.
• To decide on the Chair and Members of any Serious Case Review Panel and oversee the management of the review process.
• To decide on the scope of the specific review – including the time period for reviewing the actions taken in the case; the time frame for the review; which agencies will be asked to provide Internal Management Reports; and the person to be commissioned to write the Independent Overview Report. These decisions may be delegated to the Serious Case Review Panel and the Chair and Vice-Chair of the Serious Case Review will have delegated authority to confirm these.
• To develop procedures for the management and delivery of a Serious Case Review to the JCPC and monitor the effectiveness of these. This includes defining the purpose of the Serious Case Review process as for learning only and to clarify that information gathered for the purpose of the Serious Case Review is to be used and disseminated only for this purpose.
• In cases in which it is decided that a full Serious Case Review is not necessary (whether or not a Serious Case Review Panel was appointed), the Sub-Committee may ask one of its members to take the lead in seeking Internal Management Reports from the relevant agencies, and prepare a report for the Sub-Committee on lessons to be learned from the case, and actions to be taken. The Sub-Committee, on receiving such a report, may conclude that a Serious Case Review is necessary and appoint a Review Panel and an Independent Overview report writer.

It should be noted that the JCPC Serious Case Review Sub-Committee, will consider information from any source as grounds for considering a Serious Case Review.

What appeal mechanism, if any, is available for those who wish to trigger a review but are unsuccessful in doing so?

The decision of the Serious Case Review Sub-Committee in respect of a request for a Serious Case Review rests ultimately with the Independent Chair of the JCPC. There is no formal appeal mechanism to challenge this. Accountability for the actions for the JCPC is through the Independent Chair to the Minister for Health and Social Services and reference of any concerns on decision making would need to be lodged with the Minister who would act accordingly.

7. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING REDUCTIONS IN WATER RATES:

Question

Will the Minister use his powers to act in the public interest as contained in Article 23 of the Water (Jersey) Law 1972, to determine the water rates and charges to be made by the Company in respect of water which it supplies, in order to reduce water rates across the Island?

Answer

Article 23 does not confer specific powers to the Minister for Treasury and Resources to intervene but rather the States. In any case it would not be appropriate for me to do so.

8. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE SUSPENSION AND DISMISSAL OF STAFF IN RELATION TO CHILD ABUSE MATTERS:

Question

Given the Assistant Minister's statement in the debate on P.145/2009 (The Committee of Inquiry into the management of Health and Social Services Department'), would the Minister confirm that staff have been suspended and dismissed in relation to child abuse matters and, if so, advise how many have been suspended and dismissed and for what reasons and over what time period?

Answer

The Assistant Minister, in referring to staff within children's services, made the statement that people have been suspended. They are not in their jobs'. When asked  for clarification, the Assistant Minister confirmed that people had been suspended, but she did not state that staff had been dismissed. (Hansard, P.145/2009, 4.1.7.)

The Deputy 's question does not relate to any specific time period. For the purposes of this answer the information provided relates to the last 3 years. During this period 2 members of staff have had their contracts terminated and three have been suspended because of alleged inappropriate behaviour towards children. Suspension periods have ranged from three to 16 months, these periods being directly related to the time taken by the States of Jersey Police to complete their investigations. At the present time there are no members of staff suspended.

The Minister can confirm that any allegation made against a member of staff is taken seriously and promptly dealt with. As with any case where a possible criminal offence may have taken place, the States of Jersey Police Public Protection Unit is immediately informed and normal investigation and protection processes follow. Where suspension of a member of staff needs to be considered in order to protect children and/or other vulnerable individuals and the subject of investigation themselves, as well as to allow proper investigation of the allegations, this is conducted in line with the relevant States of Jersey disciplinary procedure, requiring agreement by the Chief Officer. Alternatives to suspension, such as placing the staff member in an environment where they do not come into contact with service users, are put in place  where this is consistent with the appropriate management of any identified risks. In all such cases the protection of children and other vulnerable individuals is and must be the first concern of the Minister.

9. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE CHIEF MINISTER REGARDING THE FINAL PAY SETTLEMENT OF THE CHIEF EXECUTIVE OFFICER OF HEALTH AND SOCIAL SERVICES:

Question

What sum of money, if any, was paid by way of a final settlement to the recently departed Chief Executive Officer of Health and Social Services and what was the source of the funding?

Answer

The terms on which personal contractual arrangements are terminated are personal and confidential to the parties and I am therefore unfortunately not able to answer these questions.

10. DEPUTY T.M. PITMAN OF ST. HELIER OF H.M. ATTORNEY GENERAL REGARDING THE SUPPLY OF BLACKBERRY MOBILE PHONES TO MINISTERS AND ASSISTANT MINISTERS:

Question

Would H.M. Attorney General confirm that the supply of Blackberry mobiles, initially to Ministers (2005) and now to Assistant Ministers (2008) - yet not to Scrutiny members or backbenchers – and the payment of the bills for these communications (at the taxpayer's expense) in addition to their contracted expenses is a clear breach of Article 44 of the States of Jersey Law 2005 giving Ministers and Assistant Ministers the potential to increase their expenses limit in excess of other Members?

Answer

Article 44 (1) o f the States of Jersey Law 2005 provides: "44 Remuneration of elected members

(1) No scheme, agreement or other arrangement whatsoever for the remuneration of, or the payment of any allowance to, elected members out of the general revenue of the States shall provide for different elected members to receive different amounts of remuneration or allowance.

."

This is a matter of statutory interpretation.

On the assumption that costs associated with the supply and usage of Blackberry mobile devices are met by the States Department(s) in relation to certain Ministers/Assistant Ministers, the relevant question is whether such costs are incurred to enable Ministerial/Assistant Ministerial duties to be properly discharged.

If the answer is in the affirmative then such costs would not, in those circumstances, be characterised as either remuneration or an allowance under Article 44.

Article 44 inhibits the payment of additional remuneration/allowances for general expenses in respect of an elected member. It does not, in the opinion of the Attorney General, inhibit the payment/reimbursement of expenses properly incurred in the course of ministerial business.

11. DEPUTY T. M. PITMAN OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE SUPPLY OF BLACKBERRY MOBILE PHONES TO MEMBERS OF THE EXECUTIVE:

Question

Will the Chief Minister clarify and outline what advice, if any, he took prior to taking the decision to effectively increase the expenses limit for members of the Executive by the supply of Blackberry mobiles, setting all such bills against the Chief Minister's office and will he also confirm that no documented policy exists defining a cap on such expenses or that any checks have been carried out to ensure that all bills being paid are work related?

Answer

The question asserts that a decision has been taken "to effectively increase the expenses limit for members of the Executive by the supply of Blackberry mobiles". This is incorrect. At the meeting of the Privileges and Procedures Committee of 17th July 2009 it was agreed that members who wished to be provided with a Blackberry should hold the contract in their own name, although departments would be permitted to provide their Minister or Assistant Minister with a departmental Blackberry should they chose to do so.

With the advent of Ministerial government, at the Council of Ministers' meetings held on 9th December 2005 and 12th January 2006, it was agreed that Ministers and their departments would be able to communicate more effectively by the use of Blackberry mobiles and that training in their use should be given.

All Ministers are fully aware that these States-provided Blackberries are to be used in order to perform their Ministerial duties and not for personal use.

The Deputy will be aware that Ministers should carry out their Ministerial duties in accordance with the Ministerial Code of Conduct (R.14/2006) which was distributed to all States Members. I would,  in particular, wish to draw the Deputy 's attention to these extracts from the Code of Conduct:

"Ministers must ensure that no conflict arises, or appears to arise, between their public duties and their private interests, financial or otherwise.

Ministers will receive executive and administrative support from States departments in the conduct of their work, and they must ensure that this support is not used at any time in relation to their private interests, financial or otherwise."

I attach the full Ministerial Code of Conduct for States Members' information.

Ministers were issued with Blackberries as a pilot scheme by the Information Services Department (ISD), which forms part of the Chief Minister's Department, and as such the expenses incurred from the use of Blackberries by Ministers were borne by ISD. Going forward, future invoices for Blackberry use will be billed directly to Ministerial Departments for monitoring.

ADDITIONAL NOTES: The direct billing has been trialled and is planned to go live in November.

12. DEPUTY  T.  M.  PITMAN  OF  ST.  HELIER  OF  THE  CHIEF  MINISTER REGARDING BILLS FOR BLACKBERRY MOBILE PHONES:

Question

Will the Chief Minister provide full details of which Ministers and Assistant Ministers have been provided with Blackberries, the 18 claiming both expenses and having their bills paid for these devices; further still, the total extent of their individual bills since December 2008 to the present time?

Answer

The details requested are attached in tabular form for States Members information:

Dec- Jan- Feb- Mar- Apr- May- Jun- Jul- Aug- Sep- Oct- TOTA Department Role 08 09 09 09 09 09 09 08 09 09 09 L

Transport  & Technical Services

Planning  & Environment

Health  &  Social Services

Chief Ministers Chief Ministers

Education, Sport

& Culture

Housing Social Security

Economic Development

Treasury  & Resources

Social Security

Treasury  & Resources

Treasury  & Resources

Planning  & Environment

Health  &  Social Services

Housing

£ 18.5 Minister 5

£ 43.5 Minister 3

£ 20.0 Minister 1

£ Chief  19.4 Minister 2

£ Assistant  18.7 Minister 3

£ 18.5 Minister 5

£ 19.2 Minister 7

£ 40.3 Minister 7

£ 31.4 Minister 5

£ Assistant  32.2 Minister 6

£ Assistant  32.2 Minister 8

£ Assistant  32.9 Minister 5

£ 63.9 Minister 5

Assistant Minister

Assistant Minister

Assistant Minister

£ £  £

17.9 24.4 18.9 1  6  7

£ £  £

17.10 18.8 21.6 9  5  9

£ £  £

17.11 18.2 18.0 1  6  5

£ £  £

17.12 18.2 17.9 9  6  2

£ £  £

17.13 18.9 18.2 9  6  7

£ £  £

17.14 18.2 17.9 9  6  2

£ £  £

18.3 18.2 17.9 2  6  2

£ £

£105 68.1 91.1 .44  1  3

£ £  £

29.7 24.5 24.2 4  7  5

£ £  £

14.10 37.0 29.3 7  5  8

£ £  £

32.3 35.0 33.1 8  6  0

£ £  £

32.4 60.4 24.4 5  5  2

£ £  £

58.7 54.5 95.4 3  7  2

£ £  £

18.5 14.1 25.9 8  7  5

£ £  £

18.6 14.1 23.5 0  7  0

£ £  £

34.3 14.1 23.5 1  7  0

£ £  £

18.7 23.4 40.2 0  0  2

£ £  £

18.8 18.5 23.5 0  4  0

£ £  £

18.9 14.1 24.3 0  7  8

£ £  £

18.10 14.2 24.2 5  9  6

£ £  £

105. 64.3 55.1 22  2  4

£ £  £

23.10 25.9 23.5 7  0  0

£ £  £

18.2 14.1 23.5 4  7  0

£ £  £

140. 14.1 23.5 98  7  0

£ £  £

18.9 14.1 23.7 0  7  8

£ £  £

25.10 20.6 75.4 1  3  5

£ £

14.2 23.5 7  0

£ £

14.1 27.5 7  7

3. 26.9 67.1 6  8  3 £  £  £

6. 47.8 32.8 0  2  9 £  £  £
   7. 23.5 23.5 4  0  0 £  £  £ 24.6 23.6 30.2 0  3  0 £  £  £
   3. 25.9 30.3 2  0  4 £  £  £
   1. 34.8 25.6 6  2  9 £  £  £
7. 25.3 37.2 0  5  2 £  £  £

1. 31.8 23.5 8  7  0 £  £  £
   9. 24.9 50.4 6  1  5 £  £  £
      5. 37.5 25.0 0  6  8 £  £  £
      6. 29.4 55.4 0  2  5 £  £  £
      7. 23.5 23.5 0  0  0 £  £  £
         8. 28.6 51.9 8  1  5 £  £  £
      8. 23.5 23.5 0  0  0 £  £
         8. 52.8 £339 2  4  .36 £  £  £

13.8 23.5 23.5 4  0  0

£ £

23.6 294.3 0  7

£ £

23.7 285.1 0  5

£ £

36.8 260.4 7  3

£ £

29.6 262.8 1  6

£ £

28.2 244.2 2  8

£ £

37.2 259.7 6  1

£ £

25.4 242.3 9  4

£ £

23.6 639.6 0  9

£ £

44.3 335.9 9  0

£ £

23.7 279.1 0  2

£ £

23.8 443.2 0  5

£ £

23.9 301.5 0  3 £ £135 647.5 .41  2

£ £

23.10 131.6 0  7

£ £

33.2 535.9 7  3

£

23.5 £ 0  84.34

£ £  

Education, Sport  Assistant  £  28.8 39.7 £

& Culture Minister 5.03  0  6  73.59

£ £  £  

Education, Sport  Assistant  13.2 23.5 25.3 £

& Culture Minister 1  0  5  62.06

£ £  £  £  £  £  £  £  £  £  £

Monthly  391. 398. 415. 428. 476. 294. 461. 477. 501. 915. 622. Total 33  51  11  50  36  66  25  56  95  56  93

£ Grand  5,383 Total .73

13. DEPUTY T. M. PITMAN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE TAX INTAKE FROM 1(1)(K) RESIDENTS: Question

Will the Minister confirm the estimated resultant increase in tax take (based on present numbers) if the core principle of the 20 means 20' policy was also applied to 1(1)(k) residents?

Answer

By way of background information, the tax collected from 1(1)k's, through their companies, trusts and in their personal capacity for the 2007 year of assessment, which is the last year complete information is available, totalled £9 million.

Of the (1)k taxpayers held on the Comptroller's tax records for year of assessment 2008, some 40% or so of them pay their 1(1)k tax either through their company(ies) and / or trusts at the standard rate of 20%, so the 20% means 20% provisions could not apply to them.

Of the remaining 60% or so, whilst the actual impact of 20% means 20% will depend on the specific circumstances of each 1(1)k, the Comptroller calculates that the total increase in tax for 2008, if 20% means 20% were to be applied to all of these 1(1)k's, would be some £85,000.

14. DEPUTY  T.  M. PITMAN  OF  ST.  HELIER  OF  H.M. ATTORNEY  GENERAL REGARDING CONFIDENTIALITY ISSUES:

Question

Would H.M Attorney General confirm whether members of the public, through certain rights as guaranteed under the European Court of Human Rights and a traditional common-law right of confidentiality, are free to contact their elected representatives, without such communications being monitored or seized by the police or other authorities?

Answer

The right to respect for private and family life, one's home and correspondence guaranteed by Article 8 of the European Convention of Human Rights  is not absolute and is subject to the qualifications set out in Article 8 (2) of that Convention. These include the ability of a public authority to interfere with that right, if to do so is in accordance with the law and is necessary in a democratic society for, amongst other things, the prevention of disorder or crime.

By way of example, the Laws of the Island, in common with comparable laws in the United Kingdom and elsewhere, provide for circumstances in which the Police or other authorities, on strict criteria, can seize or monitor communications.

Subject to these and other exceptions in law, the ordinary principles of confidentiality of communications would apply to communications between members of the public and their elected representatives.

15. THE DEPUTY OF ST. MARTIN OF THE CHIEF MINISTER REGARDING THE INDEPENDENT REVIEW OF THE 3-YEAR SUSPENSION OF A CONSULTANT GYNAECOLOGIST:

Question

Following the announcement by the Chief Minister on 3rd November, that Goodwin Hannah Consultants would be appointed to undertake an independent review of the 3 year suspension of a Consultant Gynaecologist -

1. Will the Chief Minister explain the method of selection?
2. When will the Terms of Reference be published?
3. Will Goodwin Hannah Consultants include a member with medical expertise to investigate whether there were grounds for the suspension in the first place?
4. Will Goodwin Hannah Consultants have access to the body of evidence already gathered by Verita about the management of the suspension?
5. Will the full costofthe suspension including the costofthe reviews be included in the

findings?

6. Will Goodwin Hannah make recommendations?
7. Will the Final Report be made public?

Answer

1. Several potential providers were asked to submit bids for the work.The final selection was made by the Chief Minister supported by theHR Director. Key aspects of the proposals that were considered were background of the consultants, availability, timescales, and cost.
2. The Terms of Reference have been circulated toallStatesMembers along with background information on the two Reviewers, but are also attached hereto.
3. The Review Panel does not include an expert with medical qualifications but both reviewers have extensive experience and expertise in human resources issues in the NHS. The review will look only at employment processes and issues not clinical matters.

4. No. The Verita review, after two States'debates has clear Terms of Reference that relate specifically to the care, treatment and management of a patient and patient safety issues. Verita have not addressed the exclusion and its subsequent management as part of its investigation. This isthepurposeofSEB'sExclusion Review which hasdifferentTermsof Reference that relate purely to employment matters.
5. Investigation into the cost of the exclusion forms part of the Terms of Reference.
6. Yes, as set out in the Terms of Reference.
7. The publication of the report is described in the Terms of Reference and as far is permissible the findings will be published. However, as I have explained in the States and in the Terms of Reference, there are duty of care and confidentiality issues that do not allow the full report to be made public.

A review of the management of the exclusion from work of a Consultant

employed at the Jersey General Hospital

Commissioner

The Chief Minister, on behalf of the States Employment Board, has commissioned this review into the exclusion of a consultant following the death of a patient in 2006. Given the length of time that has elapsed since the incident, the cost and the concern of States Members and the public, the States Employment Board has asked for an independent review of the exclusion process to assure itself that the management of the process has been conducted correctly, and that the process itself meets the needs of a small jurisdiction like Jersey.

Terms of Reference

The purpose of the review is to;

1. examine the procedure employed by the Health and Social Services Department, at the time of the incident, for dealing with the capability and conduct of senior doctors and determine whether it was robust and fit for purpose, and
2. investigate whether the procedure for dealing with the capability and conduct of senior doctors was correctly followed at that time, including

1. the reasons for the immediate exclusion of the Consultantfollowing the incident,
2. whether the National Clinical Assessment Service (NCAS) was consulted, when it was consulted and whether any advice NCAS offered was followed , and
3. whether there were any procedural errors, or conflicts of interest exhibited by the States Employment Board or the Senior Management Team of the Health and Social Services Department which have led to the exclusion not being resolved to date;

3. investigate the time taken in the resolution of the exclusion, the cost of the exclusion and compare this to the practice in the NHS in the UK (and other small jurisdictions).

Report

A draft report should be submitted to the States Employment Board. The States Employment Board will ensure that its duty of confidentiality to any and all of its employees is maintained. The report should therefore be in two parts; part one should consist of matters appropriate for publication to States Members and the public, with part two relating to those matters of specific individual detail that will not be published and will remain confidential to the States Employment Board.

16. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE DIVIDENDS ON SHAREHOLDINGS IN THE JERSEY NEW WATERWORKS COMPANY LIMITED:

Question

As the representative of the States majority and controlling shareholding in the Jersey New Waterworks Company Limited (JNWWC) (holding 100% of the issued "A" ordinary shares, 50% of the issued ordinary shares and 100% of the 7.5 – 10% cumulative fifth preference shares), will the Minister inform members of his position on the following aspects of the JNWWC's announcement of the intention to make 20 of its employees redundant -

1. Given that the company announced a profit of £4,034,000 for 2008, an increase of 14% on the previous year, and a dividend of 194 pence per share (up by 15%) on the ordinary and "A" ordinary shares of the company, does the Minister endorse the need for redundancies in order to increase the potential dividend?
2. Will the Minister inform members how much the States received in dividend on its shareholding in 2008 and what additional dividend might be generated by these redundancies in 2009? Will he furtherproduce an estimate ofthe likely impact ofthese redundancies on States revenues in lost tax and social security collected and additional Income Support payments?"

Answer

1. I expect Jersey Water's Board ofDirectors, along withallStates owned companies, to provide efficient, effective and affordable services to Islanders, whilst providing an appropriate financial return to the States as shareholder. I equally expect all States owned companies to be responsible and fair employers. It is for the Board to decide how to best run the company; I appreciate that this means making difficultdecisions that impact on individual employees, but I amconfidentthattheBoardwillbe sensitive in its consultation with employees and act fairly and responsibly.

The Social Security Department has already been in contact with the company to offer assistance with anything that those potentially being made redundant may need in these difficult times. This includes offering seminars at the place of work incorporating advice on Income Support, unemployment credits and job seeking. The ultimate aim is to help anyone affected to find new employment.

2. The dividend received from Jersey Water in respect ofbothordinary and preference shares in 2008 was £1,610,250.

I cannot estimate the impact of any redundancies on tax revenue, social security and income support without investigating individuals' circumstances both now and in the future.

17. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING SERIOUS CASE REVIEWS: Question

Would the Minister identify who initiates Serious Case Reviews and outline what the sources of information are that lead to the initiation of such Reviews?

Answer

The Minister wishes to thank the Independent Chair of the Jersey Child Protection Committee for providing the information for this answer.

The response to Written Question 1240/5(4915) details the relevant Terms of Reference of the Serious Case Review Sub-Committee of the Jersey Child Protection Committee (JCPC) which holds responsibility for Serious Case Reviews.

As indicated, a request for a Serious Case Review can arise from any source' and the Independent Chair of the JCPC has the final responsibility to decide upon the action to be taken on the recommendation of the Serious Case Review Sub-Committee. The Sub-Committee has considered the need for a Serious Case Review on information from the local media, reports from the Police, Health and Social Services and a request from an Advocate acting on behalf of children in care proceedings.

In deciding whether to recommend a Serious Case Review, the Sub-Committee will generally make request for further information from all relevant agencies concerning the child(ren) and their family circumstances. This information will identify the level of contact and the work undertaken, and significant detail on the factors giving rise to the request for a Serious Case Review.

18. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE LEVEL OF WATER RATES AND CHARGES BY THE JERSEY NEW WATERWORKS COMPANY LIMITED:

Question

Will the Minister use his powers under Article 6(4) of the Competition Regulatory Authority (Jersey) Law 2007, to request the Jersey Competition Regulatory Authority to investigate the level of water rates and charges of the Jersey New Waterworks Company Limited and to satisfy himself that the level of profits produced by its monopoly position is appropriate?

Answer

Article 6 of the Competition Regulatory Authority (Jersey) Law 2001 states: ARTICLE 6

Functions

1. The Authority shall have such functions as are conferred on it by or under this or any other Law or any other enactment.
2. The Authority may recognize or establish, or assist or encourage the establishment of, bodies that have expertise in, orrepresent persons having interests in, any matter concerning competition, monopolies, utilities or any matter connected with the provision ofgoods or services to which the Authority's functions relate.
3. The functions of those bodies shall include one or more of the following -

1. the provision to the Authority of advice, information and proposals in relation toanyoneor more of those matters;
2. the representation of the views of any one or more of those persons.

4. The Authority may, on request by theCommittee, provide the Committee with reports, advice, assistance and information in relation to any matter referred to in paragraph (2).
5. The Authority shall havepowertodo anything thatiscalculatedto facilitate, oris incidental or conducive to, the performance of any of its functions.

This allows the Economic Development Minister to request the JCRA to undertake investigations if the Minister feels there has been, or potentially could be, a breach of the Competition (Jersey) Law – 2005. Such matters include competition, monopolies, utilities or any matter connected with the provision of goods or services to which the Authority's functions relate.

As Economic Development Minister I can only sanction a request under Article 6(4) of the Law if I have reason to suspect such a breach has, or potentially could have occurred. As I have received no complaints over the last 12 months from customers of the Jersey New Water Works Company, I have no grounds to sanction a request under Article 6(4) of the Law.

In addition, investigations can be undertaken by JCRA itself through the Competition Law 2005. Such investigations do not need any ministerial sanction or involvement. The JCRA has not received any complaints regarding Jersey Water in the past 12 months, and has therefore not instigated any investigations.

Should the Deputy be in receipt of any I would encourage him to pass them on to the JCRA so that they can be properly assessed.

19. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING REDUNDANCIES AT THE JERSEY NEW WATERWORKS COMPANY LIMITED:

Question

Will the Minister inform members whether the redundancies recently announced by Jersey New Waterworks Company Limited meet the conditions set out in Article 2 of the Employment (Jersey) Law 2003?

Answer

It is not for the Minister to determine whether the proposed dismissal of an employee constitutes a "Redundancy" in accordance with article 2 of the Employment (Jersey) Law 2003.

Where dismissals are proposed on the grounds that an employer decides to contract out part of its business, it is likely those dismissals will constitute redundancies as the dismissals are wholly or mainly attributable to the fact that the employer intends to cease to carry on the business for the purposes of which the employee was employed by him. Article 2 also states that the business may cease or diminish for "whatever reason".

It is the Minister's understanding, on the basis of the information available at this time and having consulted with the Jersey Advisory and Conciliation Service, that the proposed dismissals at the Jersey New Waterworks Company Limited meet the definition of "Redundancy" that is set out in the Law, however this would ultimately be a matter for the Jersey Employment Tribunal to determine.

20. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE DELOITTE ESTIMATE OF LOST TAX REVENUES GIVEN IN THE FOOT REPORT:

Question

Does the Chief Minister consider that the Deloitte estimate of lost tax to through the activities of offshore centres given in the Foot Report as £2 billion is an accurate estimate, and, if not, why?

How does the Chief Minister explain the difference between the Deloitte estimate and the figure of over £11 billion derived from the TUC investigation?

Answer

The Deloitte tax report annexed to the HM Treasury Foot Review is a very detailed analysis, which we are still studying. However, from an initial reading, previous estimates of a UK tax gap of £11.8 billion included in a TUC report were greatly overstated. Deloitte now estimate this gap to be up to £2.0 billion. Deloitte believe this to be a reliable estimate based on the analysis they have undertaken to date, but also believe that further analysis would reduce this figure. The report is also clear that this is a worldwide figure, and that the share of the figure attributable to British offshore centres either in total or individually is unidentified.

Deloitte have analysed the gap to distinguish between items that are policy intended' (namely, in line with the policy intentions of the UK Exchequer) and the residual balance which is potentially policy unintended'. Deloitte state that much of the earlier £11.8 billion estimate is accounted for by deferred tax' – an accounting concept, which is a function of a decision by the UK Exchequer to retain a mismatch between book and tax depreciation, and is not a matter of tax avoidance.

UK Ministers have welcomed the Foot Report and in endorsing the review as balanced and intelligent' have clearly recognised, as I do, the professionalism one would expect from Michael Foot and from Deloitte in their analysis.

21. THE  DEPUTY  OF  ST. MARY  OF  THE  MINISTER  FOR  TRANSPORT  AND TECHNICAL  SERVICES  REGARDING  THE  NUMBER  OF  DAMAGE-ONLY ACCIDENTS ON THE ISLAND'S ROAD NETWORK:

Question

Can the Minister advise the Assembly of the number of damage-only accidents on the Island road network as a whole in the years 2004 to 2008 inclusive?

Answer

The States of Jersey Police collect road traffic collision data from collisions which are reported and they are required to attend. Article 52 of the Road Traffic (Jersey) Law provides for drivers in the event of an accident to exchange details, without the requirement to report the accident to the States of Jersey Police. The number of damage only road traffic collisions occurring on the Island road network as a whole cannot be provided. The States of Jersey Police have provided the following table to Transport and Technical Services for reported traffic collisions.

ROAD TRAFFIC COLLISIONS 2005 - 2008

Indicator 2005 2006 2007 2008 Number  of  road  traffic  collisions

reported[1] 1,592 1,828 1,835 1,926 Number  of road  traffic  collisions

reported with injury[2] 322 337 314 357 Number of road damage only traffic

1270 1491 1521 1569 collisions reported.

IMPORTANT NOTE

Prior to March 2008, road traffic collision statistics were subject of a separate paper form submitted by the investigating officer.

In March 2008, road traffic collision data began to be gathered through the VIEWPOINT recording system, which facilitated closer monitoring of the accuracy of records and also eliminated the possibility of paper forms being lost. It is likely that some of the increase shown in 2008 is due to the introduction of more accurate recording processes in States of Jersey Police

22. THE  DEPUTY  OF  ST.  MARY  OF  THE  MINISTER  FOR  TREASURY  AND RESOURCES REGARDING DATA PROTECTION:

Question

Can the Minister give the Assembly full details of the review of regulatory requirements' of data protection which have led to his putting forward P.147/2009 (Draft Data Protection (Amendment No.2) (Jersey) Law 200-)?

Answer

Regulatory requirements are reviewed on an ongoing basis, in line with experience from specific investigations (in Jersey) and policy development (in Jersey and other comparative jurisdictions).

Appointment of a President of the Data Protection Tribunal

P147/2009 removes the requirement for the appointee to the above office to be an advocate or solicitor of seven years' standing, although the requirement to be an advocate or solicitor is retained. This is intended to provide greater latitude in relation to any future recruitment process.

Widening the provisions - information notices

Whilst the information notice provisions in P147/2009 are not reflected in the current UK Coroners and Justice Bill, there are a number of valid policy reasons which underpin them:

• other countries (e.g. Ireland) have taken the line reflected in the draft Amendment Law.
• the UK Information Commissioner's Office ("UK ICO") has repeatedly requested for equivalent wording to that contained in the draft Amendment Law.
• The Office of the Data Protection Commissioner ("ODPC") has encountered difficulties in the course of investigations when applying the existing Law e.g. where refusal by an individual to release relevant information results in an investigation being hampered.
• External commentators have added their support to similar proposals.
• The Amendment will result in a more effective and proportionate regulatory environment and whilst more robust powers would be conferred to the ODPC, it will result in more limited recourse to the more forceful powers under the Data Protection (Jersey) Law 2005 (e.g. involvement of police, obtaining of a warrant).
• The measure is not viewed as disproportionate and is subject to an ECHR-friendly appeals procedure.

23. BY SENATOR J.L. PERCHARD OF THE CHAIRMAN OF THE PRIVILEGES AND PROCEDURES COMMITTEE REGARDING LIMITING PROPOSITIONS AND LENGTHS OF SPEECHES:

Question

Will the Chairman undertake to bring to the States for debate proposals that –

1. limit the number of propositions an individual member can lodge for debate in a given period (such as a maximum of 3 per parliamentary session)?
2. limit the length of speeches a member can make during a States debate. Answer

Research has already been carried out in both of these areas, and will be considered by the Privileges and Procedures Committee at its meeting on Friday 20th November 2009.

In respect of (a) the Committee will take into account the amount of time spent during Public Business on policy matters raised by Ministers, private members and Scrutiny Panels, as well as the number of propositions lodged by Ministers, individual members, Committees and Scrutiny Panels. Processes in other jurisdictions will also be taken into account.

With regard to (b) the Committee intends to consider a number of areas, including: time limits on speeches in other  jurisdictions; the length of time spent on Public Business; and the growing number of States sittings each year.

The Committee will then decide whether to present proposals to the States for debate.

2. Oral Questions

1. Deputy F.J. Hill of St. Martin of the Minister for Home Affairs regarding the suspension of the Chief Officer of the States of Jersey Police:

I would like to say a special good morning to Year 5, Mrs. Southern 's class at St. Martin 's school, who are listening to this hearing or sitting, ahead of their visit to the States Chamber next week. They are aware of this question and it was read out yesterday to them. Will the Minister give an update on the investigation by the Wiltshire Constabulary into the allegations made against the suspended Chief Police Officer and also advise who has been responsible for not meeting target dates, what the latest cost of the suspension is including cover and investigation costs, and what personal steps, if any, the Minister has taken to expedite the matter?

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

In the customary manner, the question of the Deputy of St. Martin contains 4 questions and not one. I am able just to answer 2 of those without going into camera but I will need to go into camera to answer the other 2. Indeed, part of one of them I need to go into camera for. I will answer what I am able to and then we will make an application for us to go into camera, both for the rest of this question and also for question 6. The reasons for that are both requirements of the law in relation to any discussion of disciplinary matters of a certain individual and also contractual terms contained in the disciplinary code of the same individual. The answer that I am to give - first, in relation to the second question of 4 - are that target dates were not set. I have received information from time to time on the anticipated completion date. I have not played any part in the oversight of the investigation which had to be independent, nor have the States of Jersey Police played any part in the oversight. The second part of the question I am able to answer not in camera relates to costs, and the figures are as follows in relation to the original Wiltshire investigation. The costs to date are £526,000, anticipated to rise to £552,000 in relation to the investigation. In relation to the acting-up costs and the costs of an acting Deputy Police Chief, the costs are £145,057. These may increase at a rate of £13,400 a month. I now apply to go into camera.