States Meeting Transcript - 20/01/2009

STATES OF JERSEY

OFFICIAL REPORT

TUESDAY, 20th JANUARY 2009

APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS..........................7

1. Senator B.E. Shenton:....................................................................7

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

2. Written Questions........................................................................7

1. THE CONNÉTABLE OF ST. LAWRENCE OF THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING THE COST OF WITHDRAWING FROM HIGHER EDUCATION COURSES:....................................................7
2. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING FREE GP ACCESS:........................................9
3. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING A REVIEW OF THE INCOME SUPPORT SYSTEM: ....10
4. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING SUPPORT FOR THE STAFF MADE REDUNDANT BY THE CLOSURE OF WOOLWORTH'S: ....................................................10
5. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE NEW STRATEGIC PLAN:.......................................12
6. DEPUTY P.V.F. LE CLAIRE OF ST. HELIER OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING CONTAINERS AT LA COLLETTE: ...........................................................................13
7. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE MANAGEMENT OF PUBLIC CAR PARKING AT RUE DES PRÉS TRADING ESTATE:..........................14
8. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE MAINTENANCE OF ST. JAMES' CENTRE: ....................................................................15
9. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR EDUCATION, SPORT AND CULTUREREGARDING THE BUDGET ALLOCATION FOR CULTURAL MATTERS:........................................................16
10. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE INDEPENDENT COMPLAINTS PROCEDURE: ........................................................17
11. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING A REVIEW OF THE MANAGEMENT STRUCTURE WITHIN THE DEPARTMENT: ....................17
12. SENATOR B.E. SHENTON OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE RESCINDMENT OF THE LOI (1894) SUR LA COUPE ET LA PECHE DES VRAICS: ................................................................18
13. DEPUTY P.V.F. LE CLAIRE OF ST. HELIER OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING CONTAINERS AT LA COLLETTE:.........19

14. DEPUTY A.E. JEUNE OF ST. BRELADE OF THE CHIEF MINISTER REGARDING UPDATING THE INHERITANCE LAWS:............................................19
15. DEPUTY T.M. PITMAN OF ST. HELIER OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING ACCESS TO THE ENERGY FROM WASTE CONTRACT:.................................................................20
16. DEPUTY T.M. PITMAN OF ST. HELIER OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE ILL HEALTH OF STAFF WORKING AT LA COLLETTE:......................................................21
17. SENATOR P.F. ROUTIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE EMPLOYMENT OF SOICIAL WORKERS: ........21
18. THE DEPUTY OF ST. MARY OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE IMPLICATIONS OF CANCELLING THE ENERGY FROM WASTE CONTRACT:........................................23
19. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE ADVICE RECEIVED IN RELATION TO THE EURO COST ELEMENT OF THE ENERGY FROM WASTE PLANT:.........24
20. THE DEPUTY OF ST. MARY OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE COST OF CONSULTANCY FEES IN RELATION TO THE ENERGY FROM WASTE PLANT:............................25

3. Oral Questions...........................................................................26

1. Deputy C.F. Labey of Grouville of the Chairman of the Comité des Connétable s regarding a criteria for admitting people onto the waiting lists for homes built on re- zoned land:.............................................................................26 Connétable K.P. Vibert of St. Ouen (Chairman, Comité des Connétable s):...................26

1. The Deputy of Grouville :...............................................................26
2. Deputy G.P. Southern of St. Helier:....................................................26
3. Deputy G.P. Southern :..................................................................26
4. The Deputy of Grouville :...............................................................26
5. The Deputy of Grouville :...............................................................27

2. Senator S. Syvret of the Minister for Home Affairs regarding the involvement of UK Police Forces in the Historic Child Abuse investigation:................................27 Senator B.I. Le Marquand (The Minister for Home Affairs): .................................27
3. Deputy F.J. Hill of St. Martin of the Minister for Home Affairs regarding the Police Procedures and Criminal Evidence (Jersey) Law 2003:.................................27 Senator B.I. Le Marquand (The Minister for Home Affairs): .................................27

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

4. Deputy T.M. Pitman of St. Helier of the Assistant Minister for Housing regarding the purchase by 1(1)(k) residents of properties in the Island as investments:................29 Deputy S. Power of St. Brelade (Assistant Minister for Housing - rapporteur):...............29

1. Deputy T.M.Pitman:...................................................................30
2. Deputy P.J. Rondel of St. John : ........................................................30
3. Deputy J.A. Martin of St. Helier:.......................................................30
4. Deputy G.P. Southern :..................................................................30
5. Deputy P.V.F. Le Claire: ...............................................................31
6. Senator B.E. Shenton:..................................................................31

5. The Deputy of Grouville of the Minister for Planning and Environment regarding a social housing needs planning policy:..................................................31 Senator F.E. Cohen (The Minister for Planning and Environment):...........................31

1. The Deputy of Grouville :...............................................................32
2. Deputy R.G. Le Hérissier of St. Saviour:...............................................32
3. Deputy J.A. Martin:....................................................................32
4. Senator A. Breckon: ....................................................................32

6. The Deputy of St. John of the Minister for Economic Development regarding the numbers of travellers by air and sea to Jersey in 2008:..................................33 Senator A.J.H. Maclean (The Minister for Economic Development):.........................33

1. The Deputy of St. John:................................................................33
2. Deputy G.P. Southern :..................................................................33
3. Connétable A.S. Crowcroft of St. Helier:...............................................34
4. Deputy M.R. Higgins of St. Helier:.....................................................34

7. Deputy D.J.A. Wimberley of St. Mary of the Minister for Planning and Environment regarding the impact of the Energy from Waste plant on the Ramsar designation of the Havre des Pas area:.....................................................................35 Senator F.E. Cohen (The Minister for Planning and Environment):...........................35

1. The Deputy of St. Mary:................................................................35
2. The Connétable of St. Helier:...........................................................36
3. Deputy T.M.Pitman:...................................................................36
4. Senator S. Syvret:......................................................................36
5. The Deputy of St. Mary:................................................................36

8. Deputy G.P. Southern of the Minister for Social Security regarding a review of the Income Support system:................................................................37 Deputy I.J. Gorst of St. Clement (The Minister for Social Security):..........................37

1. Deputy G.P. Southern :..................................................................37
2. Deputy R.G. Le Hérissier: ..............................................................38

3. Senator A. Breckon: ....................................................................38

9. Senator S. Syvret of the Attorney General regarding compensation claims against the insurers of the States by child abuse survivors: .........................................38 Mr. W.J. Bailhache Q.C., H.M. Attorney General:............................................39

3.9.1 Senator S. Syvret:......................................................................39 The Bailiff :...................................................................................40

10. The Deputy of St. John of the Attorney General regarding the investigation of members by the police within the States Building:................................................40 The Attorney General:........................................................................40

1. The Deputy of St. John:..............................................................40
2. Senator S. Syvret:....................................................................41

11. Senator P.F. Routier of the Minister for Health and Social Services regarding the enhancement of the Social Worker provision available to children and adults with special needs:..................................................................................42 Senator J.L. Perchard (The Minister for Health and Social Services):.........................42

1. Senator P.F. Routier:................................................................42
2. Senator P.F. Routier:................................................................43

3.12. Deputy M. Tadier of the Minister for Economic Development regarding the ability of any creditors or ex-employees to ensure that the assets of Woolworth's in Jersey remain in the Island for distribution:............................................................43 Senator A.J.H. Maclean (The Minister for Economic Development):.........................43

1. Deputy M. Tadier :...................................................................43
2. Deputy R.G. le Hérissier: ............................................................43
3. Senator A. Breckon:.................................................................44
4. Deputy P.V.F. Le Claire:............................................................44
5. Deputy D.J. De Sousa of St. Helier : .................................................45
6. Senator A. Breckon:.................................................................45

13. Deputy G.P. Southern of the Minister for Social Security regarding the progression of TUPE (Transfer of Undertakings (Protection of Employment) Regulations) and redundancy legislation:.................................................................45 Deputy I.J. Gorst (The Minister for Social Security):.........................................45

1. Deputy G.P. Southern : ..............................................................46
2. Deputy R.G. Le Hérissier:...........................................................46
3. Senator A. Breckon:.................................................................46
4. Deputy G.P. Southern : ..............................................................46

14. Deputy T.M. Pitman of the Minister for Education, Sport and Culture regarding support for gay and lesbian young people:......................................................47 Deputy J.G. Reed of St. Ouen (The Minister for Education, Sport and Culture):..............47

1. Senator S. Syvret:....................................................................47
2. Deputy T.M.Pitman:................................................................47
3. Deputy M. Tadier :...................................................................48
4. Deputy J.M. Maçon of St. Saviour : ..................................................48

15. Deputy R.G. Le Hérissier of the Minister for Home Affairs regarding the Independent Citizens' Group:........................................................................48 Senator B.I. Le Marquand (The Minister for Home Affairs): .................................48

1. Deputy R.G. Le Hérissier:...........................................................49
2. Senator A. Breckon:.................................................................49
3. Senator S. Syvret:....................................................................49
4. Senator A. Breckon:.................................................................49

16. The Deputy of St. Mary of the Minister for Transport and Technical Services regarding the waste arisings model used as a the basis for calculating the size of the incinerator needed by the Island:...................................................................50 The Connétable of St. Brelade (The Minister for Transport and Technical Services):.........50 The Bailiff :...................................................................................50

1. Deputy J.A. Martin: .................................................................51
2. The Deputy of St. Mary:.............................................................51
3. Deputy G.P. Southern : ..............................................................51
4. Senator S. Syvret:....................................................................51
5. Deputy P.V.F. Le Claire:............................................................52
6. Deputy M. Tadier :...................................................................52

17. The Deputy of St. Martin of the Minister for Education, Sport and Culture regarding the human rights compliancy of suspensions under the Education (Jersey) Law 1999:......52 The Deputy of St. Ouen (The Minister for Education, Sport and Culture):....................52

1. The Deputy of St. Martin : ...........................................................53
2. Deputy G.P. Southern : ..............................................................53
3. Connétable D.W. Mezbourian of St. Lawrence:......................................53
4. Deputy R.G. Le Hérissier:...........................................................54
5. Senator S. Syvret:....................................................................54
6. The Deputy of St. Martin : ...........................................................54

18. Deputy P.V.F. Le Claire of the Minister for Treasury and Resources regarding the importation of electricity by the Jersey Electricity Company:...........................55 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................55
19. Deputy R.G. Le Hérissier of the Chief Minister regarding the establishment of an independent office to consider representations from whistleblowers':..................55 Senator T.A. Le Sueur (The Chief Minister):.................................................55

1. Senator S. Syvret:....................................................................55
2. Senator A. Breckon:.................................................................56

LUNCHEON ADJOURNMENT PROPOSED..................................................56

The Bailiff :...................................................................................56

LUNCHEON ADJOURNMENT................................................................56

4. Questions to Ministers Without Notice - The Minister for Economic Development..56

1. The Deputy of St. John:................................................................56 Senator A.J.H. Maclean (The Minister for Economic Development):.........................56

1. The Deputy of St. John:................................................................57
   2. Deputy M. Tadier :......................................................................57
   3. The Connétable of St. Lawrence:.......................................................57

4.3.1 The Connétable of St. Lawrence:.......................................................57

4. Deputy R.G. Le Hérissier: ..............................................................58

4.4.1 Deputy R.G. Le Hérissier: ..............................................................58

5. Senator A. Breckon: ....................................................................58

4.5.1 Senator A. Breckon: ....................................................................58

6. Senator S.C. Ferguson:.................................................................59
7. Deputy G.P. Southern :..................................................................59

4.7.1 Deputy G.P. Southern :..................................................................59

8. Deputy J.A. Hilton of St. Helier:........................................................60
9. The Deputy of St. Martin:..............................................................60

5. Questions to Ministers Without Notice - The Chief Minister..........................61

1. Deputy P.V.F. Le Claire: ...............................................................61 Senator T.A. Le Sueur (The Chief Minister):.................................................61

1. Deputy P.V.F. Le Claire: ...............................................................61
   2. Connétable G.J. Butcher of St. John:....................................................61

5.2.1 The Connétable of St. John:............................................................61

3. Deputy G.P. Southern :..................................................................62

5.3.1 Deputy G.P. Southern :..................................................................62

4. Deputy S. Pitman of St. Helier:.........................................................62
5. The Deputy of St. John:................................................................62

5.5.1 The Deputy of St. John:................................................................63

6. Senator S. Syvret:......................................................................63
   7. The Deputy of Grouville :...............................................................64
   8. Deputy T.M.Pitman:...................................................................64
   9. Deputy M.R.Higgins:..................................................................64
   10. Deputy M. Tadier :......................................................................65 Senator S. Syvret:............................................................................65 Senator T.A. Le Sueur:.......................................................................65 Connétable J. Gallichan of St. Mary:..........................................................66 Deputy I.J. Gorst : ............................................................................66 The Deputy Bailiff :...........................................................................66

STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY........................67

6. Statement by the Chief Minister regarding public sector pay awards.................67

6.1 Senator T.A. Le Sueur (The Chief Minister):...........................................67

1. Deputy G.P. Southern :..................................................................68
2. Deputy G.P. Southern :..................................................................68
3. Deputy P.V.F. Le Claire: ...............................................................68
4. Deputy P.V.F. Le Claire: ...............................................................69
5. Deputy S.Pitman:......................................................................69

7. Statement by the Minister for Treasury and Resources regarding the Stabilisation Fund......................................................................................69

7.1 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):......................69

1. Deputy M.R.Higgins:..................................................................71
2. Deputy M.R. Higgins:..................................................................71
3. The Deputy of St. Mary:................................................................72

4. The Connétable of St. Helier:...........................................................72
5. The Deputy of St. Mary:................................................................72
6. The Deputy of Grouville :...............................................................73
7. Deputy T.A. Vallois of St. Saviour:....................................................73 The Connétable of St. Brelade : ...............................................................74

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

8. Woolworths Employees: Redundancy Payments (P.2/2009)...........................75

8.1 Deputy G.P. Southern :..................................................................75

9. Woolworths Employees: Redundancy Payments (P.2/2009) - Amendment (P.2/2009 Amd.)....................................................................................78

9.1 Senator A. Breckon: ....................................................................78

1. Deputy I.J. Gorst : ......................................................................81
2. Deputy K.C. Lewis of St. Saviour:......................................................83
3. Deputy G.P. Southern :..................................................................83
4. Deputy J.A. Martin:....................................................................85
5. Deputy M. Tadier :......................................................................86
6. Deputy A.K.F. Green of St. Helier:.....................................................87
7. Deputy D.J. De Sousa:..................................................................87
8. Senator T.A. Le Sueur:.................................................................87

9. Deputy T.M.Pitman:...................................................................90
10. Deputy T.A. Vallois:................................................................91
11. The Deputy of St. Martin : ...........................................................91
12. Deputy P.V.F. Le Claire:............................................................92
13. The Connétable of St. Lawrence:....................................................94 The Attorney General:........................................................................94 Deputy I.J. Gorst : ............................................................................95
14. The Deputy of St. Mary:.............................................................95 The Deputy Bailiff :...........................................................................97

ADJOURNMENT................................................................................97

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

APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS The Bailiff :

The first matter is the unelected members of the Public Accounts Committee.

1. Senator B.E. Shenton:

I would like to propose the following unelected members: Mr. Martin Magee - who was a member of the previous Public Accounts Committee, Mr. Patrick Ryan and Mr. Kevin Keen. Short C.V.s (curriculum vitae) of these individuals would have been forwarded to all members a couple of weeks ago. I should add that we are currently interviewing for one more position as an unelected member and we have had a number of applicants for that post.

The Bailiff :

Thank you, Senator. The procedural position is that no alternative names were proposed within the 2 day working deadline that the Standing Orders lay down and I can therefore declare that Mr. Magee, Mr. Ryan and Mr. Keen have been duly elected to the Public Accounts Committee. Do you wish to propose, Senator, a further elected member?

Senator B.E. Shenton:

Yes, Sir, I am very pleased to propose the Constable of St. Helier to fill another position on the committee.

The Bailiff :

Are there any further nominations for membership of the Public Accounts Committee? I declare that the Connétable of St. Helier has been duly elected to the Public Accounts Committee.

QUESTIONS

2. Written Questions

1. THE CONNÉTABLE OF ST. LAWRENCEOF THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING THE COST OF WITHDRAWING FROM HIGHER EDUCATION COURSES:

Question

For the years 2003 to 2008 inclusive, would the Minister inform members –

1. the total cost of higher education courses to the Department for each year? Answer

The total cost of higher education courses to the Department for each year 2003 – 2008 is detailed below

* Please note until towards the end of 2006 student grants included payments to low-income students following courses of study at Highlands College. Funding for this was transferred to Social Security as an aspect of Low Income Support.

Question

2. the number of undergraduate withdrawals, if any?
3. the cost to the Department for those undergraduate withdrawals? Answer

(b) & (c) the  number  of  undergraduate  withdrawals,  the  cost  to  the  Department  for  those undergraduate withdrawals and the sums recovered from those who did not withdraw due to ill- health is detailed below.

Students not completing Higher Education Programmes Reasons for leaving

Question

4. what the current policy is for reclaiming monies owed by those undergraduates? Answer

Under the Current arrangements for the financial support of students, those who withdraw from a course due to ill health are not required to reimburse grants paid to them if satisfactory evidence is provided from both the institute and a doctor.

If a student fails or withdraws for non-health reasons however, there is a financial penalty. A student in receipt of a maintenance award will have to repay the unexpended portion of the award for the term in which he/she left. The Department will also require a repayment of the tuition fees for the previous term that had been paid by the Department.

In accordance with the signed declaration on the application form, the contributors and the student are jointly liable to repay an award in the event of a repayment being requested by the Department.

When considering the above figures it is important to bear in mind, that middle and high earning families obtain little by way of financial support for university study as financial assistance is designed to help those who would otherwise be unable to access higher education. In many instances therefore, students and their families who may be asked to refund grants are liable to experience the greatest difficulty in making repayments.

Question

5. whether that policy will be reviewed? Answer

Expenditure on student grants has to be reviewed on a regular basis to ensure value for money from the UK and a fair distribution of a limited resource among local students, I am pleased that the overall student drop-out rate for Jersey students is below ten percent, compared to about 15% in the UK and I have no plans to review the overall policy for student grants at this time. I will however, be seeking further information on the reasons behind the apparent recent increase in withdrawals and into the effectiveness of our mechanisms for recovering States investment in students who do not complete their programmes of study.

2. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING FREE GP ACCESS:

Question

Will the Minister provide an accurate and comprehensive statement for members regarding the cost of extending free GP access to an additional 4,000 households, including those with high medical needs, lone parents, couples with children and pensioners, as I suggested in my amendment to the 2009 Business Plan (Annual Business Plan 2009 (P.113/2008) Sixth Amendment')?

Answer

The Income Support scheme provides a number of ways in which low income households can receive financial support with GP bills and other medical costs. In particular, additional assistance is now available to any individual in a low income household who has a long term medical condition and needs regular GP check ups. In the case of a sudden bout of illness, requiring a number of GP visits, any income support claimant may receive help through a one-off payment to meet this cost.

I would be reluctant to provide an accurate and comprehensive statement on the proposal suggested by the Deputy as I am not convinced at this time that providing free GP access to all the categories of household suggested (regardless of their medical needs) would be a prudent and well targeted use of public funds.

I will however review the evidence in this area to determine if any changes are needed to the existing system. The funding of primary care in general is also being considered by Health & Social Services at present as part of a wider review of primary care services and any changes to Income Support would need to be carefully co-ordinated with Health & Social Services policies.

3. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING A REVIEW OF THE INCOME SUPPORT SYSTEM: Question

In the light of the critical report recently delivered on the effectiveness and efficiency of the Income Support system, will the Minister now agree to a full and comprehensive review of the fitness for

purpose' of Income Support this year, as previously proposed, paying particular attention to incentives to work and save; access to GP's; prompt access and greater flexibility over special payments, and the issue of community visitors to protect the vulnerable, and if not, why?

Answer

The income support system is still very new and procedures and guidelines are kept under close review on an ongoing basis. For example, I will be reviewing and reissuing the main Income Support policy guidelines within the next few weeks.

Following the leaking of the draft Parish of St. Helier report to the local media, I have asked to meet the Constable of St Helier to discuss any concerns he may have in more detail. My Assistant Minister has already undertaken several visits to other parishes to gauge their experiences of Income Support.

There are ongoing issues of the provision of community care to vulnerable residents in Jersey. This situation is not directly related to Income Support and resources in this area have been stretched for several years. I will be working with the Health & Social Services and Housing Ministers and the Chairman of the Constables' Committee to ensure that vulnerable residents are identified and provided with appropriate support.

Undertaking a full and comprehensive review of Income Support in 2009 would divert resources from the work to be undertaken on community support and, as highlighted in the debate on P.113/7, a review at this early stage runs the danger of being an unsatisfactory exercise, in that it is very difficult to review the impact of any new system until it has been running in a finished state for some time.

I will review all the evidence provided by the Parish of St. Helier or from any other source, and if changes need to be made to the Income Support system, then I will not hesitate to make these changes. It is however equally as important that the system is allowed to bed down and that extra efforts are made to ensure that all vulnerable people are made aware of their entitlement to the current Income Support benefit.

4. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING SUPPORT FOR THE STAFF MADE REDUNDANT BY THE CLOSURE OF WOOLWORTH'S:

Question

1. In the light of the Woolworth's insolvency, and consequent redundancies, will the Chief Minister inform members what consideration, if any, the Council of Ministers has given to supporting the workers already affected by these redundancies in the short term?

Answer

Since mid December, the Social Security and Economic Development Departments and the Jersey Advisory and Conciliations Service have been working proactively to provide as much assistance as possible to the staff of Woolworth's; dealing with the UK Administrators and advising staff on their employment rights, as well dealing with re-employment, welfare and support issues.

Workshops were held at the store to provide Woolworth's staff with information on Income Support as well as careers and employment services available, and measures were put in place to deal with any arising Income Support claims. A number of Social Security staff were assigned as points of contact for the people affected, and are in regular touch with them.

Specific courses were held to help these people re-enter the job market with confidence, as well as offering workshops on interview skills, CV writing and providing self help tools for both emotional and skills issues. The courses were well received and support for the workers is on-going.

Last week, Economic Development hosted assessment centres over three days at which a prospective new tenant of the ex-Woolworths store, interviewed over 60 former Woolworths employees with the intention of offering future employment. At this stage a final outcome has not yet been confirmed, however it is understood that potential offers of employment were made to a significant number of those affected by the closure of Woolworths.

Question

2. Would theChiefMinisteradvisewhatsteps, if any, have been,oraretobetakentoestablish proper protection for Jersey employees in similar circumstances in the long term; in what timescale does he see these measures being in place, and what intermediate measures, if any, does he envisage being put in place during 2009?

Answer

An amendment to the Employment (Jersey) Law 2003 was drafted in 2008 which, if adopted by the States, will give employees a statutory right to a redundancy payment. As recommended by the Employment Forum, that amendment was also intended to protect employees whose employer transfers their business to a new owner.

However, due to difficulties in finalising that aspect of the law, the Social Security Minister requested in December that the two provisions should be separated in order to ensure that the proposed statutory redundancy payments may be debated by the States without further delay.

The redundancy legalisation has now been separated from the business transfers legislation and the Minister will lodge a draft in February for States debate in April 2009. If the draft is approved, the Minister will seek rapid progression through Privy Council.

While the redundancy law progresses, the Minister intends that priority will be given in 2009 to the establishment and administration of a central insolvency fund, so that statutory redundancy and notice payments can be provided to protect and compensate staff whose employers are unable to meet their obligations.

Question

3. What research and information, if any, does the Council of Ministers have on the scale of recession in Jersey and potential insolvencies and redundancies in 2009 and beyond?

Answer

The International Economic situation is changing very rapidly and here in Jersey conditions have changed markedly during the last month. We are all aware of job losses and have heard rumours of more to come. However, as a responsible Government we must not be driven by rumours or individual cases. We have limited resources at our disposal and we must use them at the right time targeted to deliver the greatest benefit for all of our local people.

I am very pleased that we had the forethought to set aside almost £140m in the Stabilisation Fund to use to counter the effects of recession. I am steadfast in my view, which reflects that of the Fiscal Policy Panel, that we must only use this for short term investments aimed at assisting local people and businesses to weather the recession; it must not be used to fund new and ongoing things we would like to do in any event.

Members will remember that I invited the Fiscal Policy Panel (FPP) to review their economic assessment and come and explain their work to States Members and I was very pleased that on 6th

of January 2009 35 of us attended. Unfortunately the questioner was not present at that review. The Council of Ministers subsequently had a detailed discussion with them about the research that we have commissioned and the plans we are developing. I am pleased to report that this panel of 3 internationally renowned economists confirmed that they support our proposals and I would like to outline them very briefly.

We have tasked the Economic Adviser and Economic Development Department to report their assessment of likely trends in the economy in 2009. This will include economic analysis of external and internal factors leading to a broad assessment of likely trends in GVA; and also the latest assessment of how the key business sectors are performing in the Island, driven by detailed local information from the business community. This work started some time ago and will therefore be discussed by the Council of Ministers during February and then shared with all States Members.

In parallel with the research we are also developing a package of economic stimulus measures that will be implemented to support local people and businesses to weather the recession. We will have all of this completed and considered by the Council of Ministers during the first week of March. We will discuss it with Scrutiny and States Members and ask the FPP to advise us whether it would be right to release funds from the Stabilisation Fund and whether the economic stimulus package is robust and sensible. The final decision will be for the States as to whether it is right to withdraw funds from the stabilisation fund and whether the investment package is acceptable. I hope States Members will work with me and the Council of Ministers to ensure our decisions are timely.

We are of course already using our existing resources to help people and businesses. The Skills Executive is researching and planning appropriate actions. We are all aware of the help that Social Security is giving to people who are looking for work. The Economic Development department is working with businesses and there is more we can and will do with existing resources.

Overall I believe this is a well judged and timely response to economic conditions. We are acting now to help people experiencing problems and are planning a package to provide some stimulus and support to help people and the economy weather the recession and return to sustainable balanced growth.

5. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE NEW STRATEGIC PLAN:

Question

"Will the Chief Minister inform members whether the Council of Ministers intends to address the following issues which were central to the recent Senatorial elections in the Strategic Plan - :

• Fair taxation - GST, 20 means 20 and Social Security contributions(including dealing with Supplementation);
• Government and electoral reform;
• Population and migration issues - to include immigration control and a proper investigation into the issues raised by Imagine Jersey 2035'?"

In consultation towards a new Strategic Plan will the Chief Minister commit himself to devising a plan which contains SMART (Specific,  Measurable,  Achievable,  Relevant and  Time-limited) objectives with, in particular, measurable and timed outcomes?

Will he further undertake to ensure that the Strategic Plan should indicate the mechanisms by which such outcomes will be achieved?"

Answer

The new Strategic Plan will set out the priorities for the Council of Ministers and the States for the next three years. I have already gone on record to state that the Council of Ministers will engage and involve all States Members in the planning process so that their views can be taken into account  when the Council of Ministers develop  the plan.   I would encourage  the Deputy to participate in this process.

The development of the new Strategic Plan is at a very early stage. However, in its work on the Plan to date, the Council has clearly been mindful of issues raised during significant consultation processes undertaken in 2008 (such as Imagine Jersey and the Island plan review) in addition to those issues raised during the Senatorial and Deputies elections. Initial work on the priorities and financial framework for the plan has indeed included consideration of taxation (including Supplementation), Government reform, and population and migration issues.

As recommended by the previous Privileges and Procedures Committee, it is my intention that the new Strategic Plan will be a broader policy statement setting out the overall policy direction without excessive detail on initiatives. These should appear within the Annual Business Plan approved by the States Assembly. The mechanisms by which the new Strategic Plan achieves such outcomes will include performance indicators and clear links to business plan objectives and performance criteria that will be SMART-based.

6. DEPUTY P.V.F. LE CLAIRE OF ST. HELIER OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING CONTAINERS AT LA COLLETTE:

Question

Will the Minister advise whether the large stack containers at La Collette, which have prompted letters of complaint to me from the residents of properties in the Havre des Pas, Greve d'Azette and St. Clement's Coast Road area, are a permanent feature and if so, was planning permission given for their placement in this location?

Answer

The containers referred to are utilised to store asbestos which has been removed from many of the Island's buildings. They have been on site since 1995, although the number has gradually increased over time as more asbestos has been removed from local buildings.

The original planning permission for La Collette grants permission for activities associated with the management of waste including asbestos reception.

The site is operated within the Waste Management (Jersey) Law 2005 under a working plan and licence application submitted to the waste regulator.

The Department is seeking funding for the long term disposal/storage of the containerised asbestos and pre-feasibility investigations have taken place to facilitate their removal.

7. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE MANAGEMENT OF PUBLIC CAR PARKING AT RUE DES PRÉS TRADING ESTATE:

Question

What issues, if any, arise in managing public car parking on the Rue des Pres Trading Estate and how are these issues being resolved?

Answer Background

The land which currently forms the 42 space car park was originally acquired as part of the Rue des Pres Trading Estate Development and was retained by the Public (former Planning Committee) together with the Estate roads and verges. The original concept was for the car park to provide free parking to all users at Rue des Pres and it was historically policed by the Planning Enforcement Officers.

Current Situation

The current parking arrangements are not satisfactory for two reasons

1. Areas adjacent to each industrial unit originally intended for parking have been developed as building extensions.
2. The public car park is usually full with staff cars and or cars awaiting repair by a local business.

Visitors are therefore parking illegally outside units and causing obstructions

Thus the key issue may be summarised as a shortage of parking spaces for staff, business use and visitors leading to illegal parking and traffic congestion

To address this situation Property Holdings is considering the following options. However, each has a significant cost implication for which funding is not presently available.

1. Employ theservicesof a wheel clamping company to police the car park and effectively make it for short stay parking only;
2. Erect a parking barrier and employ the services of a managing agent to let the spaces;

3. Designate the car park under the Road Traffic (Public Parking Places) (Jersey) Order 1985, which would enable it tobe policed byT&TS.(This option has been considered in the past, however, T&TS was unwilling to take on the responsibility ofan additional car park);
4. Transfer the ownership of the car park to the Parish of St Saviour by means of a conveyance passed before the Royal Court. The Parish would then be responsible for policing the car park pursuant to the 1985 Order. (Discussions have previously occurred with the Parish, however, the Planning Committee at the time did not wish to dispose of the car park);
5. Dispose of the car park on the open market with a restriction that it be used only for parking.
6. Investigate development of the car park site as a multi-storey car-park.
7. Retain the car-park land, but lease it as private parking.

The Transport and Technical services department is currently working on plans to reconfigure the current site landscaping in order to make further parking spaces available adjacent to each unit.

To significantly improve on site parking at Rue des Pres a combination of these initiatives may be necessary including safeguards to ensure that the viability of the trading estate is not compromised.

I have asked the Property Services Department to work with the Parish of St Saviour to establish the best way forward.

8. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE MAINTENANCE OF ST. JAMES' CENTRE:

Question

What actions, if any, will the Minister be taking to resolve the long standing maintenance issues at St. James' Centre?

Answer

The funding required to repair the decorative features of the front towers and associated pinnacles of the former 1829 church was estimated at £270,000 in November 2006. Whilst these elements of the building were considered to pose the greatest risk of unstable masonry, there are other areas of decorative tracery work on the towers which should be repaired in conjunction with the pinnacles. The total cost of this has not yet been estimated, but could be double the 2006 figure.

This level of funding cannot be found from Property Holdings' maintenance budget, or from the operators of the Centre, the Jersey Arts Centre Association and the Jersey Arts Trust, which receive annual operating grants from the Education, Sport and Culture Department.

Unfortunately, Property Holdings cannot defer maintenance on other properties within its portfolio in order to redirect funding to St James, as the majority of its maintenance budget is given over to essential statutory compliance work. Furthermore, Property Holdings receives no income from St James to put towards maintenance, and it has not been possible to agree terms for a lease between the States and the occupiers.

Property Holdings has applied to the Planning Department on two occasions for consent to deal with the defective pinnacles using lower cost alternatives to complete repair. The first application was to record and take down the pinnacles, estimated to cost £88,000 in November 2006. The second application was to encase the pinnacles. Both applications were rejected as the proposals were considered inappropriate for this Registered Building, which was then a proposed Site of Special Interest. It should be noted that the property has recently been formally designated as a Site of Special Interest.

Property Holdings has also considered the disposal of St James, but will only pursue this within the context of an approved property strategy for arts, culture and heritage related property. The possibility of increasing the range of uses that St James is put to has also been considered as a means of generating income.

For 2009, it is envisaged that the scaffold will remain in-situ at the front of St James for safety reasons.

9. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR EDUCATION, SPORT AND CULTUREREGARDING THE BUDGET ALLOCATION FOR CULTURAL MATTERS:

Question

Is the Minister satisfied with the current budget allocation to Culture and with the manner in which the funds are disbursed?

Answer

The States Cultural Strategy, approved in 2005, sets out a vision for expanding cultural provision on the basis of the many benefits which such expansion would bring the Island. To that end, it clearly identifies the need for increased resources to support the Island's funded cultural organisations and to encourage some of the wider benefits which the strategy sets out.

No such resources have been made available; in fact, the value of support to the cultural sector has diminished rather than increased since the States adopted the strategy. The Department is unable to provide such funding without cutting core services elsewhere. I do not regard this as a satisfactory state of affairs. It presents serious difficulties in a number of areas: the revenue grants on which the principal organisations depend to deliver the services which the Island expects and deserves are not currently adequate; there is insufficient funding to maintain the cultural estate; and there is no local equivalent of the National Lottery Fund upon which UK organisations depend to secure much of their capital investment.

Although some aspects of our cultural life are not dependent on financial support, to the extent that I am asked about the budget allocation to culture, I am not satisfied that the current level of support is consistent with the ambitions the States set out in its strategy. I shall, therefore, be seeking ways to address what I regard as an important issue during my term of office. It will also be important to review the Cultural Strategy, with the involvement of the cultural organisations, to focus efforts as effectively as possible.

The disbursement of funding is governed by partnership agreements between Education, Sport and Culture and the organisations concerned. A small amount of funding, less than 2% of the budget, is spent on the recommendation of the Council for Culture core group members to encourage joint- working and to address specific projects within the Cultural Strategy. The Department is exploring a mechanism to devolve some of this funding to the group under criteria agreed with the Department.

The partnership agreements which govern the majority of the budget, have been the subject of much work by the Department and the cultural organisations to ensure that they comply with States Financial Directions. It  is important that these organisations provide  a strong foundation for achieving the wider success of the Cultural Strategy. However, this is also dependent to a large degree on providing those organisations with the necessary resources, for without those resources, these organisations will struggle to deliver their objectives.

10. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE INDEPENDENT COMPLAINTS PROCEDURE:

Question

How many people have utilised the Independent Complaints Procedure and is the Minister content with the manner in which it is working?

Answer

The Health and Social Services Department has a well established and robust complaints procedure based upon best practice in the NHS. The procedure has two aims. The first is to provide arrangements for the prompt, fair, and confidential resolution of complaints from aggrieved patients and clients. The second is to identify areas for improvement and for learning, in large part to prevent similar failings or deficiencies arising in the future.

In December 2007, the Minister agreed to arrangements which established an independent second stage' Complaints Procedure. The independent' component is provided through a reciprocal agreement with the Guernsey Health and Social Services Department by the use of an Independent Review board which has lay representation. The Guernsey Health and Social Services Department ratified this reciprocal arrangement in October of last year.

From December 2007 no complaint has been lodged as requiring a second stage review. There have been two occasions in this period when the local Complaints Procedure was not appropriate, but rather than have recourse to a second stage complaints process, independent experts from the mainland came to adjudicate on the grievances raised by the relatives of two deceased patients. In other words, whilst Guernsey did not ratify the reciprocal arrangements until October last year, this has not meant that aggrieved patients, clients or their representatives have not had recourse to expressly independent adjudication.

It is not expected that there will be a large number of second stage complaints. If there were then this would mean that the Complaints Procedure itself was failing. In 2008 the Health and Social Services Department received 172 formal complaints, 95% of these were acknowledged within two working days and over 80% resolved within 22 working days which complies with the onerous standard required.

11. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING A REVIEW OF THE MANAGEMENT STRUCTURE WITHIN THE DEPARTMENT:

Question

Given the Minister's commitment to public service reform, will he outline his plans, if any, for reforming the management of the Health and Social Services Department?

Answer

It is important that the management of the Health and Social Services Department is seen to provide a high quality and efficient service – in exactly the same way as front line health and social care practitioners must demonstrate their effectiveness. This is readily understood by the Senior Management Team of the Department. In this context, there are three significant factors which will influence the reform of the management of my Department.

The first is the Williamson Implementation Plan which will be considered by the Council of Ministers on 29th January 2009. The Deputy will recall that a key component of the Andrew Williamson Inquiry was the proposal for the Children's Executive and the Corporate Parent to be restructured as the current arrangements lack clear lines of managerial and political accountability. If the Council of Ministers and, indeed, the States Assembly accepts this important recommendation, then a Children's Directorate will be formed which will have the effect of restructuring many elements of the Department's managerial and clinical arrangements.

The second is that in partnership with the Controller Auditor General, the corporate functions of my Department (general management, governance, estates, and financial management) will be reviewed by Price waterhouseCoopers to ensure that the arrangements are effective and efficient. The Chief Officer and his colleagues are pleased to co-operate with this review. The review of front line clinical and social care activities takes place as a matter of course and the senior managers of my Department see themselves as being no different in the sense that their activities should be subject to the same level of review. The PwC review will commence on Monday 26 January.

The third is that all senior managers are subject to performance review and appraisal and all members of the Senior Management Team have been appraised within the last twelve months, as per the States of Jersey Codes of Practice. Many members of the Senior Management Team are participating in appropriate professional training and development opportunities. The Deputy will readily appreciate, I am sure, the need for management to remain timely and well trained and thus able to fulfil their responsibilities.

Notwithstanding these important factors, I will have to keep the management arrangements under review if New Directions is accepted by the States of Jersey in due course. I shall seek advice from the Chief Officer of my Department, from the Chief Executive of the States, and from my Assistant Ministers in doing so. Whilst the main emphasis of current planning in support of New Directions is focusing on the range of services and changes which will be required if New Directions is accepted, the focus must then turn to how best the investment is managed and senior people are held accountable in this regard.

12. SENATOR B.E. SHENTON OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE RESCINDMENT OF THE LOI(1894)SURLA COUPE ET LA PECHE DES VRAICS:

Question

"Can the Minister explain why he has not taken any action to remove the ancient seaweed law Loi (1894) sur la Coupe et la Peche des Vraics' which is preventing the development of Ormer farming in Jersey on a commercial basis, despite requests from the industry?"

The Minister is aware that the legislation regarding the cropping of seaweed needs updating in order to support the Fisheries Industries. Formal application for law drafting time had been requested for 2007 and 2008 but did not gain sufficient priority over other legislation. A request for drafting time in 2009 has been made and is at the moment third in line behind two other important pieces of legislation.

13. DEPUTY P.V.F. LE CLAIRE OF ST. HELIER OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING CONTAINERS AT LA COLLETTE:

Question

Will the Minister advise whether planning permission was given for the placement of the large stack containers at La Collette, which have prompted letters of complaint to me from the residents of properties in the Havre des Pas, Greve d'Azette and St. Clement's Coast Road area, and if so, would he inform members when this was given and whether the planning application was advertised in the usual manner?

Answer

No planning application was received, or required, for the stacked containers because they are permitted under applications approved in the early and mid 1990s.

Planning Permit 17742 (18th October 1991) granted planning permission for the formation of a breakwater that created the La Collette II reclamation project. The aim of the project was to form a new area for development but also to provide a solution to the disposal of non-organic waste for the Island. Planning Permit 17742/B (12th September 1995) gave permission for infilling of the area created by the breakwater and in particular allowed for superfilling over and above the height of the breakwater where the site was to be used for the disposal of ash from the incinerator at Bellozanne. This was located on the north-eastern area of the site and allowed for superfilling up to 8m above the level of the top of the breakwater.

Subsequently Planning Permit 17742/C (18th October 1996) granted permission for landscape tipping along the north eastern edge of the La Collette site – again over the ash pit areas - up to a maximum height of some 10m above the level of the top of the new sea wall.

All of the above applications were publicized in accordance with the relevant procedures at the time.

The placing of the containers at La Collette is for the storage of asbestos – an arising from the waste disposal process – which raises particular problems when dealing with its disposal. A solution for its final disposal is still to be finalised and my Ministerial colleague for Transport and Technical Services is better placed to advise on the timetable for that final disposal.

14. DEPUTY A.E. JEUNE OF ST. BRELADE OF THE CHIEF MINISTER REGARDING UPDATING THE INHERITANCE LAWS:

Question

Following a States decision on 11th November 2003 on inheritance laws (a vote of 40-0 to abolish discrimination of illegitimate offspring) and in light of the response given to Deputy K.C. Lewis of St. Saviour on 1st July 2008, will the Chief Minister be progressing legislation to update inheritance laws to ensure fairness and equity for illegitimate persons and bring Jersey's laws on this matter in line with the European Convention of Human Rights and other international obligations and, if so, will he undertake to lodge this for debate by the end of February 2009?

Answer

The Legislation Advisory Panel has been looking into the Inheritance Laws throughout 2008. On 29th July 2008, the Panel recommended that the Chief Minister proceed to lodge au Greffe' the draft Wills and Succession (Amendment) (Jersey) Law 200- and the draft Inheritance (Provision for Family and Dependants) (Jersey) Law 200-, subject to the following –

1. the inclusion of a suitably amended report to accompany the draft Inheritance (Provision for Family and Dependants) (Jersey) Law 200- Law;
2. provision of legal advice from the Law Officers' Department in connexion withthe position of creditors under the draft Inheritance (Provision for Family and Dependants) (Jersey) Law 200-; and
3. the satisfactory conclusion of consultation with the Royal Court.

At its meeting on 25th November 2008 the Legislation Advisory Panel noted that consultation with the Royal Court had taken place. The Panel also discussed a letter received from the Bailiff (as President of the Royal Court) which raised some issues regarding technical aspects of the draft legislation.

The Panel agreed that the best course of action would be to adjourn this matter and allow its successor Advisory Panel, once appointed, to discuss the matter with the Bailiff and a delegation of Jurats early in the New Year.

I am currently in the process of appointing the members of the new Legislation Advisory Panel, and this issue will be on the Panel's Agenda at its first meeting in February 2009. Given the timescale it will not be possible for the Assembly to debate the draft Inheritance Law by the end of February 2009. It will be for the new Panel to decide whether it is minded to recommend that the draft legislation is presented to the Assembly for approval in due course.

15. DEPUTY T.M. PITMAN OF ST. HELIER OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING ACCESS TO THE ENERGY FROM WASTE CONTRACT:

Question

Given that the Chief Minister has promised inclusive and transparent government, is the Minister aware that elected States Members have recently been denied access to view the new Energy from Waste plant/incinerator contract, and if so, does he support this and under what justification?

Answer

It is incorrect to state that any States Member has been denied access to view the new Energy from Waste Contract.

The contract is based upon the Institute of Chemical Engineers Red Book Standard Form of Contract for design and build projects. This document has been provided immediately to States Members upon request.

It is the case that the final contract for the Energy from Waste Engineering and Procurement Contract which is a combination of the above Red Book with amendments is subject to a commercial confidentiality agreement between the contractor - CSBC (Jersey) Limited and the Minister for Transport and Technical Services.

A confidentiality agreement is necessary because the contract contains modifications to the standard form of contract as well as the contractor's own proposals. To release these conditions without the consent might prejudice the competitive position of the contractor.

Under clause 20 of the contract, either party can give permission to release confidential information within the contract to a third party and the Department formally requested this from the Contractor on 22nd December 2008.

The Contractor has acknowledged the request and has agreed to its release. A copy has been provided to the Member.

16. DEPUTY T.M. PITMAN OF ST. HELIER OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE ILL HEALTH OF STAFF WORKING AT LA COLLETTE:

Question

Given that many St. Helier No. 1 district residents within the La Collette/Havre Des Pas area continue to complain of health problems that they attribute to air-borne pollutions from the composting facility, would the Minister outline how many man hours have been lost over the past twelve months due to ill health among workers directly employed at the site?

Answer

Over the past 12 months no man hours have been lost relating to air-borne pollutants.

During the period in question, two members of staff have been on sick leave. One member of staff was off work from 28/1/08 until 15/8/08 and was medically retired. The second member of staff was on sick leave from 28/05/08 until 08/10/08 and has since returned to work. Neither illness was related to air-borne pollutants.

17. SENATOR P.F. ROUTIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE EMPLOYMENT OF SOICIAL WORKERS:

Question

Will the Minister inform Members how many agreed Social Worker posts there have been, there are currently and there will be across all of the Social Services network and their allocation across the Children's Service, the Adult Social Work Team and the Special Needs Team for each of the years 2007, 2008 and 2009 ?

Would the Minister detail for each of the above years -

1. the number of vacancies in each ofthe three teams and the length oftime they remained vacant?
2. the number of long term absences amongst staff in each ofthe three teams and the length of time staff have been off work?

Answer

The details requested by the Senator are provided in the following tabulated format. It should be noted that the data relates to full time equivalent (fte) Registered Social Worker posts.

Number of agreed registered social worker posts:

Registered social worker vacancies:

Note: The Children's Service in particular continues to carry a high level of vacancies. Detailed data relating to the length of time individual posts have remained vacant is not currently available.

It  is  often  necessary  to  advertise  on  the  mainland  in order  to  recruit  suitably  qualified  and experienced workers in the relevant specialist fields and there is then the inevitable inertia of appointing the appropriate members of staff and then deploying them (often with their families, of course) to the Island. For this reason, a post will be vacant for between four to six months. This may appear to be a very long period of inertia but it is getting increasingly difficult to attract social workers to Jersey and therefore regrettably, in a number of very specific professional domains it can take between eight to twelve months to fill a substantive registered Social Worker post.

Number and length of long term absences (over 20 working days per episode):

* Within Adult Special Needs Social Work one member of staff's absence accounts for 221 of the 250 days of absence indicated. The member of staff cited here is working in another department fulfilling a different role).

As to Maternity Leave (which of course, is a form of absence), three members of staff from Children's Service were absent for periods of twelve months throughout 2007 and 2008 - and an additional member of staff was absent for six months in 2007.

18. THE  DEPUTY  OF  ST. MARY  OF  THE  MINISTER  FOR  TRANSPORT  AND TECHNICAL SERVICES REGARDING THE IMPLICATIONS OF CANCELLING THE ENERGY FROM WASTE CONTRACT:

Question

Given that any cancellation costs would be contested and determined at arbitration, would the Minister advise the Assembly what the Transport and Technical Services Department estimates the cost to the Island would be if the contract for the new Energy from Waste Plant at La Collette was cancelled, set out and justified under as many clear headings as are necessary for the estimate to be verifiable by peer review, and outline the variations in potential liability to the States, if any, should the date of cancellation be taken to be 16th February 2009, or an earlier or later date?

Answer

In the absence of a default or Insolvency of the Contractor, the Engineering Procurement and Construction Contract allows for termination for convenience by the Purchaser.

Where the Contract has been terminated for convenience the following sums are payable:

1. the amount (if any) due to the Contractor under the Contract for the Works carried out prior to the receipt by the Contractor of the Termination Order;
2. the amount due to any third party in respect of which the Contractor has (prior to the receipt by him of the Termination Order) properly and irrevocably entered into a commitment relating directly to the Contract; and
3. the amount of any additional Cost properly incurred by the Contractor for any work in connection with the termination authorised by the Project Manager, plus Profit thereon;

less any sums that have already been paid to the Contractor.

The sums referred to in (a) - (c) are assessed by the appointed Project Manager following receipt from the Contractor of any supporting information required by the Project Manager. If the Contractor disputes the Project Manager's assessment then the dispute is referred to the disputes mechanism under the contract. This sets out the following mechanism for this type of dispute:

1. in the first instance disputes are referred to the Project Manager;

2. if the parties have failed to resolve the dispute through negotiation they can agree to refer the dispute to mediation;
3. if the parties have failed to negotiate and either do not agree to mediate or are unhappy with the mediator's decision, then the dispute is referred tothe Technology and Construction Courts in England (which have exclusive jurisdiction in relation to this type of dispute).

The estimated cost of terminating the Engineering Procurement and Construction Contract prior to 16 February 2009 is £45.9 Million. The cost already expended under the Contract would are included in this sum.

It should be noted that if terminated, the Contractor would have delivered almost nothing of any value to Jersey, so this amount would have to be written off.

Details of the Technical adviser's calculation of this sum are available if required for peer review but are subject to commercial confidentiality under the contract.

In addition to costs for termination of the EPC Contract, TTSD would also incur termination costs for the termination of the Technical Consultants Appointment, Enabling Works contracts and the JEC Agreement.

In the event of a challenge by the Contractor of the evaluation of the termination costs (which is considered to be very likely) there would also be additional management, project manager and legal costs in dealing with the dispute. From previous major contractual disputes, this form of dispute resolution can take months or years to resolve. Whilst it is not possible to put a price on this work, it is likely that the total cost for termination would be in excess of £50 million

This sum does not consider the cost in terms of having to redevelop the solid waste strategy and procure another plant to replace the Bellozanne incinerator.

It is likely that the State of Jersey's reputation would be seriously damaged by any appearance in the Technology and Construction Courts in England.

Any termination at this stage will push subsequent tender prices up, or may simply restrict the number organisations willing to engage in major contracts, and not just for waste. On this basis it is likely be difficult or very expensive to procure an alternative waste management facility - irrespective of the technology selected.

Termination of the contract now will result in having to keep the existing Bellozanne incinerator running for several years as a new waste strategy will have to be developed and debated by the States. This would then have to be followed by a technology selection and tender process before any construction commenced.

The impact of keeping the existing plant operating will result in further untreated emissions and the significant risk of failures of the plant that will put the Island in a vulnerable position in terms of treating its putrescible waste.

19. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE ADVICE RECEIVED IN  RELATION TO THE EURO COST ELEMENT OF THE ENERGY FROM WASTE PLANT:

Question

Would the Minister, advise the Assembly whether his predecessor was given any advice regarding the hedging of the euro cost element of the Energy for Waste plant and, if so, from which organisation such advice was received and was it accepted?

Would the Minister outline the benefits or losses, if any, incurred on the staged payments made under the contract to date?

Answer

In view of concerns about the management of exchange rate risks arising from the acquisition of the new incinerator, I have asked the States Chief Executive to invite the Comptroller and Auditor General to undertake a review of these issues. Mr Swinson has published his terms of reference and has already commenced work on the review, which is being progressed as a matter of urgency and will be published in line with the Comptroller and Auditor General's normal procedure.

The review will present the Comptroller and Auditor General's findings in line with his terms of reference; I believe this will address the Deputy 's questions. I will, of course, consider all the findings of the report in detail when it is published.

20. THE DEPUTY OF ST. MARY OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE COST OF CONSULTANCY FEES IN RELATION TO THE ENERGY FROM WASTE PLANT:

Question

Would the Minister provide the Assembly with a year on year breakdown of the consultancy costs to date in relation to the Solid Waste Strategy and the new Energy from Waste plant?

Would the Minister advise members of the costs of the following consultants' reports –

1. the Babtie Fichtner Technology Review 2005

Answer

The cost of preparation of the initial Babtie Fichtner Technology Review Report was in

October 2005 was £20,459.

Question

2. the Babtie Fichtner Technology Review 2008 Answer

The cost of preparation of the updated Babtie Fichtner Technology Review Report in May

2008 was £4,495.

Question

3. the report by Ambios Environmental Consultants, entitled: Baseline Ecological Assessment: land at La Collette Reclamation Site, Havre des Pas, Jersey'.

Answer

The work carried out by Ambios Environmental Consultants entitled on the Baseline

Ecological Assessment: land at La Collette Reclamation Site, Havre des Pas, Jersey'. 2006 included walkover survey of the La Collette site at a cost £1,175.

Question

4. the work done by Deloitte and Touche in their role as financial advisers on the incinerator project team.

Answer

The cost for work done by Deloitte and Touche LLP as financial advisers on the Energy from

Waste project is £81,267.70.

3. Oral Questions

1. Deputy C.F. Labey of Grouville of the Chairman of the Comité des Connétable s regarding a criteria for admitting people onto the waiting lists for homes built on re- zoned land:

Given that on 2nd April this Assembly agreed by 40 votes to 6 that a consistent criteria was to be developed for admitting people on to the waiting lists for homes built on rezoned land, could the Chairman confirm if such a criteria has been developed for sheltered housing and, if so, what that criteria is?

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

I commend the Deputy of Grouville on raising this issue again, but would point out that the proposition adopted by the Assembly in April 2008 was P.33 of 2008 and was, I quote: "To request the Minister for Housing in co-operation with the 12 Connétable s and any other stakeholders to develop and establish as a policy a rational and consistent criteria for determining admissibility to waiting lists for housing on rezoned land." This question should, therefore, have been put to the Minister for Housing.

1. The Deputy of Grouville :

The Constables have responsibility for the waiting lists in their parish. I would like the Chairman to confirm if the Constables have a criteria for admitting people on to their waiting lists?

The Connétable of St. Ouen :

Although the Connétable may have overall responsibility, I very much doubt whether any of the Connétable s have ultimate responsibility for waiting lists in their Parishes. Certainly I can answer for my own Parish where there is a committee of 8 persons elected by the Parish Assembly who do that work.

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

Will the Constable  inform Members whether any meetings have been held with the Housing Minister in the intervening period to discuss this particular issue, and if so, how many?

The Connétable of St. Ouen :

No meetings have been held with the Housing Minister on this particular point, but the Connétable s remain open to receive an approach from the Minister and are prepared to discuss it at any time.

3. Deputy G.P. Southern :

Will the Constable consider being more proactive and request a meeting with the Minister for Housing himself?

The Connétable of St. Ouen :

The Comité des Connétable s have already invited a number of Ministers to attend their meetings, and I will ensure that this particular issue is on the agenda when the Minister for Housing comes to us.

4. The Deputy of Grouville :

Could the Constable confirm if the numbers of the people on the waiting lists were used during the debate to imply there was an urgent, desperate need for sheltered housing, even though urgent, desperate or needy was not a requirement to admitting names on the list?

The Connétable of St. Ouen :

As I personally did not have a site involved in that particular proposition, I did not take part in that debate, and therefore I cannot really comment on the comments that are made. Those comments should be directed at other Connétable s.

5. The Deputy of Grouville :

It is my belief that in order to ask the Constables questions, we are meant to address our questions to the Chair of the Comité des Connétable s. I presume they had their usual meeting yesterday and could have discussed it then. So, he would have known whether other Constables had a criteria or these were used in the debate.

The Connétable of St. Ouen :

The Comité des Connétable s met a fortnight ago and are due to meet again next Monday, and so have not had occasion to discuss this question since it was lodged.

2. Senator S. Syvret of the Minister for Home Affairs regarding the involvement of UK Police Forces in the Historic Child Abuse investigation:

Will the Minister list each of those U.K. (United Kingdom) Police Forces which have been, remain, or are likely to be involved in investigating any aspect of the management of the Historic Child Abuse investigation, and will he state the costs to date of employing each force, and the projected costs of any continuing work?

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

I take a very broad approach to that question. The answer is 4 Metropolitan Police with no costs invoiced to date, but expected costs of £62,446; Wiltshire Constabulary £4,000 to date, expected costs of £222,000; Sussex Constabulary cost to date £1,514, expected costs of £5,914; South Yorkshire Constabulary cost to date £9, 709, expected costs £19,709.

3. Deputy F.J. Hill of St. Martin of the Minister for Home Affairs regarding the Police Procedures and Criminal Evidence (Jersey) Law 2003:

Will the Minister inform Members why no Appointed Day Act has been lodged for approval to bring into force Articles 30 to 32 and 34 to 48 of the Police Procedures and Criminal Evidence (Jersey) Law 2003, which relate to bail and detention, and how many suspects since 2003 have been released pending further inquiries but have failed to return on the prescribed date?

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

The development section of the law was passed by the States and it was not realised at the time it was passed that there were significant financial implications. Unfortunately it was passed on the basis of there being no financial implications whatsoever. The problem was that when it came close to asking the House to bring the relevant part into effect, it was realised that it would require a magistrate to be prepared to sit 24 hours a day, 7 days a week, or at least be available, in order to deal with certain matters in his court, with a full court convened. In addition to that, the Saturday courts would be necessary. The cost of covering this would have been very high, and there were also serious problems in relation to the willingness of magistrates to attend, and advocates and other parties. Therefore it was realised that there would need to be another look at this. What then happened was that the officers in consultation with the magistrate at the time, who happened to be myself, came up with some alternative proposals which would have been much cheaper and more practical. However, there were technical points in relation to those, and there has been a long period of consultation with the Home Office in the U.K. to ensure that those alternative proposals

were human rights compliant, a matter which I am sure the Deputy of St. Martin will be very keen to know about. However, after that there has been further consultation because there are now different magistrates, and we are awaiting the end of that consultation process. What will eventually happen is not that an Appointed Day Act will be sought for the relevant part of the law, but rather that an amendment will be brought to the House in relation to that. Now, in relation to the question of the Deputy of St. Martin in relation to numbers of people, the strict answer is none, because people who are released by police not having been charged are not released to a date. But I do not want to give him that answer, because I understand the spirit of what he intends is to know how many people have been released and have absconded who otherwise would have been on bail. I assume that is the true meaning of his question.

The Bailiff :

Wind up the answer, please. Your time has expired.

Senator B.I. Le Marquand:

The only meaningful figures I can give him are of serious offences. Pre-2003, 9 people were in the locate/trace category. 2003-2009, 15 people in a locate/trace category, and 2003-2009, one in the wanted category. That is of serious offences. There are huge numbers of less serious matters, but most of those are technical.

1. The Deputy of St. Martin :

I thank the Minister for going round the houses, really, with greatest respect. I fully understand that there has been a difficulty about the Magistrates Court, but really this is a 2-part question, and the second part has hardly been answered. Can I ask the Minister, why has the law not been brought up-to-date to ensure that the law in Jersey is compatible with that in the U.K.? Our Jersey law is very much based on the U.K. 1984 law which allows police to give bail to suspects. Why has that law not been brought into Jersey?

Senator B.I. Le Marquand:

I thought I had given the answer to that, because it would seem to be part of a part which had other problems. Other than perhaps myself yesterday when I was preparing for this, nobody appears to have considered the possibility of seeking to bring in one article alone, namely the bail matters, without other matters. Although my recollection even on that was that there were certain technical difficulties because, although bail conditions could be given, there is no effective way of enforcing them. I would need to check on that.

2. Deputy G.P. Southern :

Will the new Minister assure the House that he will draw the attention of his officers to the need for brevity in composing answers to questions?

Senator B.I. Le Marquand:

No, I will give appropriate answers. If a complex answer is required I will give a complex answer. [Approbation]

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

As he has raised the issue that a very large number of other offences have been given to him in relation to this question, could I ask the Minister that he circulate that list after this morning's session if possible, please?

Senator B.I. Le Marquand:

Sorry. I am not sure I understood the question.

Deputy P.V.F. Le Claire:

In answering the question to the Deputy of St. Martin, the Minister read out a number of offences that he said were serious, and then he made the comment that there were a great deal more that were less serious, and I understand that he has those numbers and those offences, and I wondered if he would circulate them?

Senator B.I. Le Marquand:

Am I being asked to provide details of the less serious matters? I can do that now, if that is being asked.

The Bailiff :

I think the Deputy is asking whether, if you have a convenient list of these different offences, whether they could be circulated to the Assembly.

Senator B.I. Le Marquand:

I do not have a list of offences. No. I could not ever be providing him with a list of potential offenders. That would be a gross breach of data protection.

The Bailiff :

A final supplementary, Deputy , please.

4. The Deputy of St. Martin :

I think the Minister will probably agree there are human rights implications here, and I would also ask that he would agree that it is possible to bring the law up-to-date to ensure that people are not allowed to leave the Island without coming back without having bail. Quite clearly there are a number of people in Jersey who are being denied justice simply because we have not the powers in place. I would ask the Minister to give the House some reassurance that the matter will be addressed with urgency, and possibly give us some indication when this law will come back to the House for approval.

Senator B.I. Le Marquand:

Having been accused of giving a complex answer, I am now facing a complex question. There are 4 parts to that question. I am very keen to get on with this, I can assure you and the Deputy of St. Martin, but consultation process must take place first. I am also willing to look at the possibility of seeking opinion on the second article on its own. It is important that we do not have a situation of people facing serious charges and being investigated, but who cannot yet be charged on not leaving the Island and evading their criminal liabilities.

4. Deputy T.M. Pitman of St. Helier of the Assistant Minister for Housing regarding the purchase by 1(1)(k) residents of properties in the Island as investments:

I will be very happy to accept a "Yes" answer. Given that 1(1)(k) residents can be accepted into the Island having negotiated individual tax deals, would the Minister agree to bring forward legislation to provide that, even after such residents have been registered for the obligatory 10-year period, they should be prevented from making multiple investments in (a) to (h) housing market and potentially impacting upon others seeking to get on to the housing ladder?

Deputy S. Power of St. Brelade (Assistant Minister for Housing - rapporteur):

I will respond to that question representing the Housing Department and the Housing Minister, having crossed the Rubicon from one side of Scrutiny to the Executive. In the short lodging period of the question, the Housing Department is unable to establish the impact of any 1(1)(k) or 1(1)(k)s for that matter, investing in multiple investments in the (a) to (h) housing market. However, the policy in respect of 1(1)(k) residents is consistently applied. All 1(1)(k) residents are approved on the same basis following background checks and an assessment of their financial position, and in particular subject to the Comptroller of Income Tax being satisfied that they meet the minimum income tax liability of £100,000 per year; 3 States departments are involved in that process: Economic Development, Treasury and the Housing Department. Once these residents have lived in Jersey for 12 years they are treated the same as any other locally qualified person. The Island does need a healthy rental market in (a) to (h) sector, and for a number of reasons the Deputy will understand, investment in the local housing market by residentially qualified people is to be encouraged, as it provides additional liquidity in the market and homes to rent by other locally qualified people. As such, at the current time there is little evidence to change Article 135(a) of the 2005 Income Tax law, the section that deals with this area.

1. Deputy T.M. Pitman:

Would the Minister not accept that it must have a negative impact on those ordinary working people trying to get on to the housing market?

Deputy S. Power:

The Population Office is prepared to review any evidence the Deputy may have. In that regard, he may or may not know that the previous Health, Social Security and Housing Panel under Deputy Breckon, now Senator Breckon, was reminded at one time to look at the Jersey rental market including the 1(1)(k) area, to see if it were possible to establish that in the end. But in the end it decided not to proceed because of pressure on officer time and the demands on the panel at that time caused by review of New Directions and the work recently completed at the end of last year into the long-term care of the elderly.

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

Would the Assistant Minister be able to inform the Members if, after 12 years, do the 1(1)(k)s pay local tax at the rate of 20 per cent or thereabouts, or do they stay on the £100,000 as he quoted them in paying tax?

Deputy S. Power:

After 12 years all 1(1)(k)s are treated as ordinary Jersey taxpayers for all Jersey-sourced income, including Schedule A. They are taxed at 20 per cent on all of it, and they get the same deductions and the same reliefs as any ordinary Jersey taxpayer against such income. They get no special deductions or reliefs against any Jersey income just because they are a (k). So, they have no advantage at all over any other Jersey resident as regards local income, whether rental or otherwise.

3. Deputy J.A. Martin of St. Helier :

The question is investment in the housing market. Could the Assistant Minister confirm there is nothing under Jersey housing laws stopping anyone investing in the Jersey housing market either on Island or off Island? The law is stopping them from preventing living in said property. I really think this needs to be cleared up.

Deputy S. Power:

I think the market in Jersey is that anyone can buy into the Jersey residential market irrespective of their residential status, and we have plenty of evidence of that. The question that Deputy Pitman asked was relating specifically to 1(1)(k)s, and that is what I answered.

4. Deputy G.P. Southern :

Given the Assistant Minister's crossing of the Rubicon that he drew attention to, and given his previous expressed interest in the area of multiple purchases for rental, i.e. buy to rent in the market, and its impact upon the purchaser market, will he undertake to do the investigation into any such impact and the size of that impact that his previous panel could not do for lack of officer time? Will he now do so as Assistant Minister?

Deputy S. Power:

I have to point out to the Deputy that I am the Assistant Minister and not the Minister, and I an unable to commit the Minister or the department at this time to an investigation in that area, but I promise to bring it up within the department as soon as it is practical.

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

Is there any possibility that the Assistant Minister can investigate whether people that are given 1(1)(k) resident status can also, as soon as they have been given that, extend purchasing rights to their siblings and family members that may have an impact upon the local market?

Deputy S. Power:

I cannot answer that question, but I am prepared to come back to the Deputy with the information from the department and the Population Office.

6. Senator B.E. Shenton:

Given that the Minister for Housing is away at the moment and the Assistant Minister has been able to answer a number of the questions or has the power to make any commitments, could I just ask who the designated Minister for Housing is at the present time, and whether he should have in fact been answering the questions?

Deputy S. Power: