States Meeting Transcript - 30/06/2009

STATES OF JERSEY OFFICIAL REPORT TUESDAY, 30th JUNE 2009

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

1. Appointment of the Bailiff 's Consultative Panel.........................................7

1. Deputy J.M. Maçon of St. Saviour:......................................................7
2. Deputy S. Power of St. Brelade : .........................................................7
3. Connétable D.J. Murphy of Grouville :...................................................7
4. Senator T.J. Le Main: ....................................................................7
5. Senator F.E. Cohen:......................................................................7
6. Deputy D.J.A. Wimberley of St. Mary:..................................................7
7. Deputy T.A. Vallois of St. Saviour:......................................................7

QUESTIONS......................................................................................8

2. Written Questions........................................................................8

1. Deputy T.A. Vallois of St. Saviour of the Chief Minister regarding the adoption of recommendations fromscrutinyreports:.................................................8
2. The Deputy of St. Martin of the Chief Minister regarding staff suspensions:.............9
3. Deputy T.M. Pitman of St. Helier of the Minister for Education, Sport and Culture regarding plans to privatise or outsource elements of service delivery:..................10
4. Deputy T.M. Pitman of St. Helier of the Minister for Home Affairs regarding plans to privatise or outsource elements of service delivery: ....................................10
5. Deputy T.M. Pitman of St. Helier of the Minister for Planning and Environment regarding plans to privatise or outsource elements of service delivery:..................11
6. Deputy T.M. Pitman of St. Helier of the Minister for Treasury and Resources regarding plans to privatise or outsource elements of service delivery: ............................11
7. Deputy T.M. Pitman of St. Helier of the Minister for Transport and Technical Services regarding plans to privatise or outsource elements of service delivery:..................12
8. Deputy T.M. Pitman of St. Helier of the Minister for Social Security regarding plans to privatise or outsource elements of service delivery: ....................................13
9. Deputy T.M. Pitman of St. Helier of the Minister for Economic Development regarding plans to privatise or outsource elements of service delivery: ............................13
10. Deputy T.M. Pitman of St. Helier of the Minister for Health and Social Services regarding plans to privatise or outsource elements of service delivery:..................14
11. Deputy T.M. Pitman of St. Helier of the Minister for Housing regarding plans to

privatise or outsource elements of service delivery: ....................................15

12. Deputy T.M. Pitman of St. Helier of the Chief Minister regarding plans to privatise or outsource elements of service delivery:.................................................15
13. Deputy G.P. Southern of St. Helier of the Minister for Treasury and Resources regarding estimates for the downturn in the economy for 2009 and 2010:.........................15

14. Deputy G.P. Southern of St. Helier of the Minister for Education, Sport and Culture regarding the number of secondary teaching vacancies advertised by his department for September 2009:........................................................................16
15. Deputy G.P. Southern of St. Helier of the Chief Minister regarding changes made to teachers' pension terms and conditions for new entrants:...............................17
16. Deputy G.P. Southern of St. Helier of the Minister for Health and Social Services regarding the number of vacant nursing and social worker positions:...................17
17. Deputy G.P. Southern of St. Helier of the Chief Minister regarding the recruitment of the new Deputy Chief Executive: ..........................................................19
18. Deputy R.G. Le Hérissier of St. Saviour of the Minister for Social Security regarding

employment trends and the collation of unemployment statistics: ......................21

19. Deputy R.G. Le Hérissier of St. Saviour of the Chairman of the Privileges and Procedures Committee regarding cases placed before the Complaints Board: ..........21
20. Deputy R.G. Le Hérissier of St. Saviour of the Minister for Social Security regarding the status of the claim against the assets of Woolworths in Jersey by GMAC: ..............22
21. Deputy R.G. Le Hérissier of St. Saviour of the Minister for Treasury and Resources regarding the reform of the public sector: ..............................................22

22. Deputy M.R. Higgins of St. Helier of the Minister for Home Affairs regarding the Jersey Field Squadron:........................................................................23

3. Oral Questions...........................................................................25

1. Deputy T.A. Vallois of the Minister for Economic Development regarding the breakdown of in Salary and Wages costs for Jersey Harbours:..........................26 Senator P.F. Routier (Assistant Minister for Economic Development - rapporteur):..........26
2. Deputy R.G. Le Hérissier of St. Saviour of the Minister for Treasury and Resources regarding the number of projects approved as part of the Fiscal Stimulus Package:.....26 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................26

1. Deputy G.P. Southern of St. Helier:....................................................26
2. Deputy G.P. Southern :..................................................................26
3. Deputy R.G. Le Hérissier: ..............................................................27
4. Senator B.E. Shenton:..................................................................27
5. Deputy G.P. Southern :..................................................................27

3. Deputy P.V.F. Le Claire of St. Helier of the Minister for Home Affairs regarding the purpose of files kept on States Members:...............................................28 Senator B.I. Le Marquand (The Minister for Home Affairs): .................................28

1. Deputy P.V.F. Le Claire: ...............................................................28
2. Deputy P.J. Rondel of St. John : ........................................................28
3. The Connétable of Grouville :...........................................................29
4. Deputy P.V.F. Le Claire: ...............................................................29

4. Deputy G.P. Southern of the Minister for Education, Sport and Culture regarding the local graduate training initiative for secondary teachers:................................29 Deputy J.G. Reed of St. Ouen (The Minister for Education, Sport and Culture):..............29

1. Deputy G.P. Southern :..................................................................29
2. Deputy R.G. Le Hérissier: ..............................................................30

3. Deputy R.G. Le Hérissier: ..............................................................30
4. Deputy M. Tadier of St. Brelade:.......................................................30
5. Deputy M. Tadier :......................................................................30
6. The Deputy of St. Ouen:................................................................30
7. Deputy G.P. Southern :..................................................................31

5. Deputy D.J. De Sousa of St. Helier of the Minister for Housing regarding rent rebate:..31 Senator T.J. Le Main (The Minister for Housing): ............................................31

1. Senator B.E. Shenton:..................................................................31

2. Deputy S. Pitman of St. Helier:.........................................................32
3. Deputy J.A. Martin of St. Helier:.......................................................32
4. Deputy G.P. Southern :..................................................................32
5. The Deputy of St. Mary:................................................................32

6. Deputy D.J. De Sousa:..................................................................33

6. Deputy T.M. Pitman of St. Helier of the Chief Minister regarding the involvement of the Chief Executive Officer in the establishment of Operation Blast': .....................33 Senator T.A. Le Sueur (The Chief Minister):.................................................33

1. Deputy T.M.Pitman:...................................................................34
2. Senator B.E. Shenton:..................................................................34
3. The Deputy of St. John:................................................................34
4. Deputy F.J. Hill of St. Martin : ..........................................................34
5. Deputy M.R. Higgins of St. Helier:.....................................................34
6. Deputy M. Tadier :......................................................................35
7. Deputy T.M.Pitman:...................................................................35

7. Deputy T.M. Pitman of the Minister for Economic Development regarding anti-social behaviour involving cars and motorbikes on the road along Albert Quay:..............35 Senator P.F. Routier (Assistant Minister for Economic Development - rapporteur):..........35

3.7.1 Deputy T.M. Pitman:...................................................................36

8. The Deputy of St. Mary of the Minister for Planning and Environment regarding the possible breach of the Construction Environmental Action Plan in relation to the Energy from Waste Plant:......................................................................36 Senator F.E. Cohen (The Minister for Planning and Environment):...........................36

3.8.1 The Deputy of St. Mary:................................................................36

9. The Deputy of St. Mary of the Minister for Treasury and Resources regarding the use of agricultural land for allotments:........................................................37 Deputy J.A.N. Le Fondré of St. Lawrence (Assistant Minister for Treasury and Resources - rapporteur):.............................................................................37

1. The Deputy of St. Mary:................................................................37
2. Deputy R.G. Le Hérissier: ..............................................................37
3. The Deputy of St. John:................................................................38
4. The Deputy of St. Mary:................................................................38

10. Senator P.F.C. Ozouf of the Chairman of the Economic Affairs Scrutiny Panel regarding the progress of a Depositor Protection Scheme: ........................................38 Deputy M.R. Higgins (Chairman, Economic Affairs Scrutiny Panel):........................38

1. Senator P.F.C. Ozouf : ...............................................................39
2. Deputy T.M.Pitman:................................................................39
3. The Deputy of St. Mary:.............................................................39
4. Senator A. Breckon:.................................................................40
5. Senator S.C. Ferguson:..............................................................40
6. Senator P.F.C. Ozouf : ...............................................................40
7. Deputy E.J. Noel of St. Lawrence : ..................................................41

11. The Deputy of St. John of the Minister for Social Security regarding doctors' home visits to patients with flu symptoms:..........................................................41 Deputy I.J. Gorst of St. Clement (The Minister for Social Security):..........................41

1. Deputy G.P. Southern : ..............................................................41
2. The Deputy of St. John:..............................................................41
3. Deputy S.Pitman:...................................................................42
4. Deputy J.A. Martin: .................................................................42
5. The Deputy of St. John:..............................................................43

12. The Deputy of St. John of the Minister for Health and Social Services regarding the recovery of the costs of non-natives being cared for in nursing homes/hospitals at the taxpayer's expense: ....................................................................43 Deputy E.J. Noel (Assistant Minister for Health and Social Services - rapporteur):...........43

1. The Deputy of St. John:..............................................................43
2. Deputy R.G. Le Hérissier:...........................................................44

13. Deputy R.G. Le Hérissier of the Chairman of the Privileges and Procedures Committee regarding Operation Blast:..............................................................45 The Connétable of St. Mary (Chairman, Privileges and Procedures Committee): .............45

1. Deputy R.G. Le Hérissier:...........................................................45
2. Deputy P.V.F. Le Claire:............................................................45
3. Deputy R.G. Le Hérissier:...........................................................46

14. Deputy S. Pitman of the Minister for Social Security regarding recipients of Long Term Incapacity Allowance: ..................................................................46 Deputy I.J. Gorst (The Minister for Social Security):.........................................46

1. Deputy S.Pitman:...................................................................46
2. Deputy G.P. Southern : ..............................................................47
3. Deputy S.Pitman:...................................................................47

15. Deputy S. Pitman of H.M. Solicitor General regarding when H.M. Attorney General was first informed about Operation Blast....................................................48 Mr. T.J. Le Cocq Q.C., H.M. Solicitor General:..............................................48

1. Deputy P.V.F. Le Claire:............................................................49
2. Deputy M. Tadier :...................................................................49
3. Deputy S.Pitman:...................................................................49

16. Deputy G.P. Southern of the Chief Minister regarding the justification of a pay freeze for nurses and other public sector workers:.................................................50 Senator T.A. Le Sueur (The Chief Minister):.................................................50

1. Deputy C.F. Labey of Grouville :....................................................50
2. The Deputy of St. John:..............................................................50

4. Questions to Ministers Without Notice - The Minister for Transport and Technical Services..................................................................................51

1. Connétable K.P. Vibert of St. Ouen:....................................................51 Connétable M.K. Jackson of St. Brelade (The Minister for Transport and Technical Services): .........................................................................................51
2. The Connétable ofSt.Mary:............................................................51
3. Deputy R.G. Le Hérissier: ..............................................................51
4. Deputy R.C. Duhamel of St. Saviour:..................................................52

4.4.1 Deputy R.C. Duhamel: .................................................................52

5. Deputy M. Tadier :......................................................................52
6. The Deputy of St. John:................................................................53
7. Deputy D.J. De Sousa:..................................................................53
8. Deputy J.M. Maçon:....................................................................53
9. Deputy G.P. Southern :..................................................................53

4.9.1 Deputy G.P. Southern :..................................................................54

10. Deputy C.H. Egré of St. Peter:..........................................................54
11. Deputy M.R.Higgins:..................................................................54
12. Deputy J.B. Fox of St. Helier:..........................................................55

5. Questions to Ministers Without Notice - The Minister for Treasury and Resources..55

1. The Deputy of St. John:................................................................55 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................55

2. Senator S.C. Ferguson:.................................................................55
3. Deputy P.V.F. Le Claire: ...............................................................56
4. Deputy K.C. Lewis of St. Saviour:......................................................56
5. Deputy J.A. Martin:....................................................................57
6. Deputy G.P. Southern :..................................................................57
7. Deputy M. Tadier :......................................................................57
8. Deputy T.A. Vallois: ...................................................................58
9. Deputy R.G. Le Hérissier: ..............................................................58
10. The Deputy of St. Peter : ................................................................58
11. The Deputy of St. Mary:................................................................59
12. The Connétable of Grouville :...........................................................59

6. Urgent Oral Question to the Chief Minister:...........................................60

1. The Deputy of St. Mary:................................................................60 Senator T.A. Le Sueur (The Chief Minister):.................................................60
   2. The Deputy of Grouville :...............................................................60
   3. The Deputy of Grouville :...............................................................61
   4. Deputy J.A. Martin:....................................................................61
   5. The Deputy of St. John:................................................................61
   6. Deputy S.Pitman:......................................................................62
   7. Connétable A.S. Crowcroft of St. Helier:...............................................62
   8. Deputy R.G. Le Hérissier: ..............................................................62
   9. Deputy P.V.F. Le Claire: ...............................................................62
   10. The Deputy of St. Martin : ...........................................................63
   11. The Deputy of St. Mary:.............................................................63

STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY........................64

7. The Chairman of the Comité des Connétable s will make a statement regarding the Island-wide rate..........................................................................64

7.1 The Connétable of St. Ouen (Chairman, Comité des Connétable s):.....................64

1. Deputy G.P. Southern :..................................................................64
2. The Deputy of St. Ouen:................................................................64
3. Deputy T.M.Pitman:...................................................................65
4. Senator P.F.C. Ozouf :..................................................................65

8. The Minister for Economic Development will make a statement regarding fare regulation of the car ferry market......................................................65

8.1 Senator A.J.H. Maclean (The Minister for Economic Development):...................65

1. Senator A. Breckon: ....................................................................66
2. Deputy M. Tadier :......................................................................66
3. Deputy M. Tadier :......................................................................67
4. Deputy P.V.F. Le Claire: ...............................................................67
5. Deputy P.V.F. Le Claire: ...............................................................67
6. Deputy S.Power:.......................................................................68
7. Deputy S.Pitman:......................................................................68
8. Deputy J.B. Fox:........................................................................68

9 The Minister for Health and Social Services will make a statement regarding the Verita investigation......................................................................69

9.1 The Deputy of Trinity (The Minister for Health and Social Services):..................69

1. Deputy P.V.F. Le Claire: ...............................................................69
2. The Deputy of St. Martin:..............................................................70

3. The Deputy of St. Martin:..............................................................70
4. Senator S.C. Ferguson:.................................................................71
5. Senator A. Breckon: ....................................................................71
6. Deputy A.E. Jeune of St. Brelade:......................................................71

PUBLIC BUSINESS.............................................................................72

10. Draft Employment (Amendment No. 4) (Jersey) Law 2009 (Appointed Day) Act 200- (P.73/2009)...............................................................................72

10.1 Deputy I.J. Gorst (The Minister for Social Security):...................................72

LUNCHEON ADJOURNMENT PROPOSED..................................................74 LUNCHEON ADJOURNMENT................................................................74

PUBLIC BUSINESS - resumption..............................................................74

11. Committee of Inquiry into the death of Mrs. Elizabeth Rourke (P.76/2009)..........74

11.1 Senator S. Syvret:......................................................................75

1. Senator S.C. Ferguson:..............................................................82
2. The Deputy of Trinity : ..............................................................84
3. Deputy M.R.Higgins:...............................................................86
4. Deputy P.V.F. Le Claire:............................................................86
5. Deputy D.J. De Sousa: ..............................................................89
6. Senator B.E. Shenton: ...............................................................89
7. Deputy T.M.Pitman:................................................................91
8. The Deputy of St. John:..............................................................91
9. Connétable S.A. Yates of St. Martin:................................................92
10. The Deputy of St. Mary:...........................................................92
11. Connétable J.M. Refault of St. Peter:..............................................94
12. Senator P.F.C. Ozouf :..............................................................94
13. Deputy A.E. Jeune :................................................................94
14. Deputy S.Power:..................................................................95
15. Senator T.A. Le Sueur:............................................................96
16. Deputy G.P. Southern :.............................................................96
17. Deputy S.Pitman:..................................................................98
18. The Connétable of St. Mary:.......................................................99
19. Deputy J.A. Hilton of St. Helier:..................................................100
20. Deputy R.G. Le Hérissier:........................................................100
21. The Deputy of St. Martin:........................................................101

FAREWELL TO THE BAILIFF..............................................................103

12. The Connétable of St. Mary (Chairman, Privileges and Procedures Committee):......103 The Bailiff :..................................................................................106

ADJOURNMENT..............................................................................107

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

APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS

1. Appointment of the Bailiff 's Consultative Panel

The Bailiff :

We come next to the appointment of a panel of the Bailiff 's Consultative Panel. An explanatory note has been circulated by the Greffier to Members and may I accordingly invite nominations for membership.

1. Deputy J.M. Maçon of St. Saviour :

Sir, it gives me great pleasure to propose the Deputy of St. John . The Bailiff :

The Deputy of St. John . Is that nomination seconded? [Seconded]

2. Deputy S. Power of St. Brelade :

I would like to propose the Constable of St. Lawrence , please.

The Bailiff :

The Constable of St. Lawrence is proposed. Is that nomination seconded? [Seconded] Any further nominations?

3. Connétable D.J. Murphy of Grouville : I propose Senator Le Main.

The Bailiff :

Yes, Senator Le Main is proposed. Is that nomination seconded?  [Seconded] Any further nominations?

4. Senator T.J. Le Main:

I would like to propose the Connétable of Grouville , Sir. [Laughter]

The Bailiff :

The Connétable of Grouville is proposed. Is that nomination seconded? [Seconded]

5. Senator F.E. Cohen:

Sir, I would like to propose the Deputy of Grouville .

The Bailiff :

The Deputy of Grouville is proposed. Is that nomination seconded? [Seconded]

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

I would like to propose Deputy Martin.

The Bailiff :

Is the nomination of Deputy Martin seconded? [Seconded]

7. Deputy T.A. Vallois of St. Saviour :

Sir, I would like to propose Deputy Maçon.

The Bailiff :

Deputy Maçon is proposed. Is that nomination seconded? [Seconded] Are there any further nominations for membership of the consultative panel? May I have some guidance from Members, particularly perhaps from the Chairman of the P.P.C. (Privileges and Procedures Committee)? It is possible for the Greffe to arrange for those names to be printed on a ballot paper unless Members are content to proceed on the basis that they can remember the names of the 7 nominees. [Laughter]

Connétable J. Gallichan of St. Mary :

Sir, I think it might be safer to have them printed on a ballot paper I think. [Laughter] The Bailiff :

It would be a challenge I think. The Greffe will arrange to print ballot papers and later in the morning we will proceed to a ballot.

QUESTIONS

2. Written Questions

1. Deputy T.A. Vallois of St. Saviour of the Chief Minister regarding the adoption of recommendations from scrutiny reports:

Question

Could the Chief Minister advise the number of recommendations from all scrutiny reports that have been adopted by Ministers since the introduction of Ministerial government and how many recommendations have been put forward to departments?

How does the Council of Ministers consider the scrutiny process is working  effectively with Ministers and their departments?

Answer

Although I am Chief Minister, I am not in possession of this information and therefore cannot answer the question. This question should be redirected to the relevant Scrutiny Panel chairmen or the Chairman's Committee, which has a central record of all Scrutiny reports issued and consequential responses from Ministers.

Scrutiny reports are sent by each Scrutiny Panel directly to the appropriate Minister. Scrutiny reports are not copied to the Chief Minister as a matter of course (unless they fall within his domain). Nor do Ministers copy the Chief Minister in on their responses as a matter of course. [Note: Guidelines setting out how Ministers should respond formally to Scrutiny reports is set out in the protocol agreed with Scrutiny in October 2007]

Of course, where a scrutiny report makes a recommendation on a major policy issue, this may be discussed either with the Chief Minister, or with the Council of Ministers. However, the response to the recommendation is in every case made directly to the Scrutiny Panel by the appropriate Minister.

The Scrutiny process has been in place for just over three years. Clearly such a new concept for Jersey will take time to embed itself. However, the Council considers that in general, the Scrutiny process has made great improvements – particularly over the past two years – in performing its role of holding the Executive to account. Panels have produced some excellent reports and contributed to policy formulation. Most Panels have developed good relationships with their Minister and departments, leading to more open and frank discussions. These relationships could be developed further without compromising the role of either the Minister or the Panel.

The Council believes that a strong and fair Scrutiny process is vital to good, orderly and open government and hopes that the process will improve further over time.

2. The Deputy of St. Martin of the Chief Minister regarding staff suspensions: Question

Would the Chief Minister advise the Assembly of the total number of staff, by Department, who were suspended as a result of disciplinary infractions since 1st January 2009 and, in each case, identify the employee group concerned, the period of suspension, the means of disposal of the case and, in those cases where the time between the suspension date and the disciplinary hearing was greater than the eight weeks recommended by the States Employment Board, the reason for the extension?

Would the Chief Minister advise the Assembly of the total number of staff who were suspended during the period 2006 to 2009, and who remain suspended, identifying in each case the employee group concerned, the period of suspension and the reason why the employee remains suspended?

Answer

1. The number of employees suspended as a result of disciplinary infractions since 1st January 2009 is reproduced below:

The table shows that there have  been 6 employees  suspended as a result  of disciplinary infractions since 1st January 2009.

Of the 6 employees suspended, 4 were dealt within the 8 week period recommended by the States Employment Board.

The 2 remaining employees who have been suspended for longer than the recommended 8 week period are subject to police investigation.

2. The number of employees who have been suspended during the period 2006toJune 2009 and who remain suspended is reproduced below:-

HSS Doctors & Dentists 18/10/2006 Police  investigation  now

complete.   Currently pending  disciplinary action

HSS Civil Servant 12/06/2008 Police  investigation   now

completed.  Currently awaiting  decision regarding  potential disciplinary action

HSS Health Care Asst. 01/12/2008 Police  investigation

ongoing

HSS RCCO 23/01/2009 Police  investigation

ongoing

HSS Doctors & Dentists 02/02/2009 Police  investigation

ongoing

Note: Both parts of this answer do not relate to Police Officers, who are office holders, and for whom the Minister for Home Affairs is responsible.

3. Deputy T.M. Pitman of St. Helier of the Minister for Education, Sport and Culture regarding plans to privatise or outsource elements of service delivery:

Question

Following on from the Strategic Plan, what sector, if any, in his department's service delivery does the Minister plan to privatise or outsource and how many jobs will this effect; further still, what savings are planned?"

Answer

As stated by the Chief Minister on 16th June 2009, in response to an oral question from Deputy G.P. Southern of St. Helier, all organisations change and adapt as technological improvements, economic conditions and other innovative opportunities arise. This applies equally to the public sector  which  must  change  and  adapt,  particularly  in  the  current  economic  conditions.   All departments need to keep the provision of their services under constant review, which must include whether there are more commercial ways of working or opportunities for wider private sector involvement as a means of improving efficiency and keeping costs down.

At  present,  the  Education,  Sport  and  Culture  Department  does  not  have  any  plans  for  the privatisation or outsourcing of services.

4. Deputy T.M. Pitman of St. Helier of the Minister for Home Affairs regarding plans to privatise or outsource elements of service delivery:

Question

Following on from the Strategic Plan, what sector, if any, in his department's service delivery does the Minister plan to privatise or outsource and how many jobs will this effect; further still, what savings are planned?"

Answer

There are no specific areas within the Home Affairs Department which are being considered for privatising or outsourcing at this stage.

However, with the requirement to make efficiency and other savings, and with considerable pressure on resources to deliver services at existing levels, the Minister cannot confirm that areas for privatisation or outsourcing will not be investigated in the future.

5. Deputy T.M. Pitman of St. Helier of the Minister for Planning and Environment regarding plans to privatise or outsource elements of service delivery:

Question

Following on from the Strategic Plan, what sector, if any, in his department's service delivery does the Minister plan to privatise or outsource and how many jobs will this effect; further still, what savings are planned?"

Answer

As stated by the Chief Minister on 16th June 2009, in response to an oral question from Deputy G.P. Southern of St. Helier, all organisations change and adapt as technological improvements, economic conditions and other innovative opportunities arise. This applies equally to the public sector which must change and adapt, particularly in the current economic conditions. All departments need to keep the provision of their services under constant review, which must include whether there are more commercial ways of working or opportunities for wider private sector involvement. As such opportunities arise Departments will be expected to implement them as a means of improving efficiency and keeping costs down.

In the past the Chief Minister has informed States members of a good example of this in the recent exercise tendering for the improvement and upgrading of the States website in his own department. As a result a consortium of private companies successfully bid for and are now undertaking not only the development but also future provision of web facilities.

Within the Planning and Environment Department, there are no plans within the current budget process (2010 – 1012) to privatise or outsource the main activities of the Department. Work will commence however, on a review of the Jersey Meteorology Department, in line with the recommendations made by the Comptroller and Auditor General in 2007. The review will explore different delivery models for the Met service and the costs associated with States provision, as opposed provision via external agencies. If any savings are to be achieved these will not be delivered until 2013 at the earliest, and it is too soon to indicate if there are any staffing implications.

In addition, work will be undertaken to challenge the extent of existing regulation and to explore whether it is appropriate for further self certification by the private sector, for instance in the field of Building Control or by increasing permitted development rights.

The Department will also be exploring options for improving the cost recovery of certain services through the introduction of higher or additional charges and fees. This will effect a range of services including Building Control and Development Control as detailed in the 2010 States Business Plan which is to be presented to the States for debate later in the year.

6. Deputy T.M. Pitman of St. Helier of the Minister for Treasury and Resources regarding plans to privatise or outsource elements of service delivery:

Question

Following on from the Strategic Plan, what sector, if any, in his department's service delivery does the Minister plan to privatise or outsource and how many jobs will this effect; further still, what savings are planned?"

Answer

As stated by the Chief Minister on 16th June 2009, in response to an oral question from Deputy G.P. Southern of St. Helier, all organisations change and adapt as technological improvements, economic conditions and other innovative opportunities arise. This applies equally to the public sector which must change and adapt, particularly in the current economic conditions. All departments need to keep the provision of their services under constant review, which must include whether there are more commercial ways of working or opportunities for wider private sector involvement. As such opportunities arise Departments will be expected to implement them as a means of improving efficiency and keeping costs down.

In the past the Chief Minister has informed States members of a good example of this in the recent exercise tendering for the improvement and upgrading of the States website in his own department. As a result a consortium of private companies successfully bid for and are now undertaking not only the development but also future provision of web facilities.

Whilst there are no definite plans to privatise or outsource current services, the Treasury keeps under constant review ways to increase efficiency and reduce the costs to the taxpayers.

7. Deputy T.M. Pitman of St. Helier of the Minister for Transport and Technical Services regarding plans to privatise or outsource elements of service delivery:

Question

Following on from the Strategic Plan, what sector, if any, in his department's service delivery does the Minister plan to privatise or outsource and how many jobs will this effect; further still, what savings are planned?"

Answer

As stated by the Chief Minister on 16th June 2009, in response to an oral question from Deputy G.P. Southern of St. Helier, all organisations change and adapt as technological improvements, economic conditions and other innovative opportunities arise. This applies equally to the public sector which must change and adapt, particularly in the current economic conditions. All departments need to keep the provision of their services under constant review, which must include whether there are more commercial ways of working or opportunities for wider private sector involvement. As such opportunities arise Departments will be expected to implement them as a means of improving efficiency and keeping costs down.

In the past the Chief Minister has informed States members of a good example of this in the recent exercise tendering for the improvement and upgrading of the States website in his own department. As a result a consortium of private companies successfully bid for and are now undertaking not only the development but also future provision of web facilities.

The strategic plan states that Transport and Technical Services (TTS) and Treasury and Resources will investigate alternative ways to fund and deliver key infrastructure services, such as disposing of liquid and inert waste. TTS will review all services to make sure that the existing business model of states funded and operated utility is the best value approach. To avoid limiting this review the department will challenge all the historical and social assumptions to provide defendable and un biased options for the best decision to be made whilst guaranteeing a sustainable future for the islands infrastructure.

To directly answer the question the answer is that this could affect all TTS workers and managers. Any savings planned will need to be utilised to support the aging infrastructure and long term maintenance needs of Islands critical assets.

8. Deputy T.M. Pitman of St. Helier of the Minister for Social Security regarding plans to privatise or outsource elements of service delivery:

Question

Following on from the Strategic Plan, what sector, if any, in his department's service delivery does the Minister plan to privatise or outsource and how many jobs will this effect; further still, what savings are planned?"

Answer

As stated by the Chief Minister on 16th June 2009, in response to an oral question from Deputy G.P. Southern of St. Helier, all organisations change and adapt as technological improvements, economic conditions and other innovative opportunities arise. This applies equally to the public sector which must change and adapt, particularly in the current economic conditions. All departments need to keep the provision of their services under constant review, which must include whether there are more commercial ways of working or opportunities for wider private sector involvement. As such opportunities arise Departments will be expected to implement them as a means of improving efficiency and keeping costs down.

In the past the Chief Minister has informed States members of a good example of this in the recent exercise tendering for the improvement and upgrading of the States website in his own department. As a result a consortium of private companies successfully bid for and are now undertaking not only the development but also future provision of web facilities.

However, the Social Security Department does not have any current plans to privatise or outsource any further services provided by the Department.

9. Deputy T.M. Pitman of St. Helier of the Minister for Economic Development regarding plans to privatise or outsource elements of service delivery:

Question

Following on from the Strategic Plan, what sector, if any, in his department's service delivery does the Minister plan to privatise or outsource and how many jobs will this effect; further still, what savings are planned?

Answer

As stated by the Chief Minister on 16th June 2009, in response to an oral question from Deputy G.P. Southern of St. Helier, all organisations change and adapt as technological improvements, economic conditions and other innovative opportunities arise. This applies equally to the public sector which must change and adapt, particularly in the current economic conditions. All departments need to keep the provision of their services under constant review, which must include whether there are more commercial ways of working or opportunities for wider private sector involvement. As such opportunities arise Departments will be expected to implement them as a means of improving efficiency and keeping costs down.

In the past the Chief Minister has informed States members of a good example of this in the recent exercise tendering for the improvement and upgrading of the States website in his own department. As a result a consortium of private companies successfully bid for and are now undertaking not only the development but also future provision of web facilities.

The Economic Development Department as the States lead-department in terms of delivering productivity and support for business continues to explore how it can most cost-effectively deliver its broad range of services. For example, the Department grant-funds Jersey Finance Limited (JFL) to develop the interface with the finance sector and carry out promotional activity on a global basis that will raise the profile of Jersey as a transparent and effective global finance centre. In addition, EDD grant-funds the Jersey Consumer Council to deliver effective consumer representation.

Members will also be aware that the Department is evaluating with the JHA and others, a proposal for the potential introduction of a public-private partnership for the delivery of marketing and promotion of the Island as a visitor destination, along similar lines to JFL. This proposal is currently the subject of a review by the Economic Affairs Scrutiny Panel. A key element of the proposal is the delivery of a more effective and productive organisation grant- funded by the Economic Development Department, with an increased contribution from the private sector.

10. Deputy T.M. Pitman of St. Helier of the Minister for Health and Social Services regarding plans to privatise or outsource elements of service delivery:

Question

Following on from the Strategic Plan, what sector, if any, in his department's service delivery does the Minister plan to privatise or outsource and how many jobs will this effect; further still, what savings are planned?"

Answer

As stated by the Chief Minister on 16th June 2009, in response to an oral question from Deputy G.P. Southern of St. Helier, all organisations change and adapt as technological improvements, economic conditions and other innovative opportunities arise. This applies equally to the public sector which must change and adapt, particularly in the current economic conditions. All departments need to keep the provision of their services under constant review, which must include whether there are more commercial ways of working or opportunities for wider private sector involvement. As such opportunities arise, Departments will be expected to implement them as a means of improving efficiency and keeping costs down.

In the past, the Chief Minister has informed States members of a good example of this in the recent exercise tendering for the improvement and upgrading of the States website in his own department. As a result, a consortium of private companies successfully bid for, and are now undertaking, not only the development but also future provision of web facilities.

The Health and Social Services Department has a number of long standing partnership arrangements with both the charitable and private sectors here in Jersey. My Department disburses over £10M per year to the grant aided (charitable) sector, with Family Nursing and Home Care Services being the largest recipient of funds from within this large sum of money. Two years ago, my Department also entered into a partnership agreement with a number of private nursing home providers which meant that Leoville and McKinstry wards could be closed and the residents thereby enjoy higher quality facilities and environments. It is envisaged that these partnerships will expand – again, building on good working relationships between the States, charitable and private agencies – rather than new services being created. However, my officers and I will continue to be alert to opportunities which new forms of organisation and service provision offer to patients and to clients.

At this stage, therefore, it is not envisaged that there will be any reduction or loss of staff within my Department as a result of new forms of public private partnership.

11. Deputy T.M. Pitman of St. Helier of the Minister for Housing regarding plans to privatise or outsource elements of service delivery:

Question

Following on from the Strategic Plan, what sector, if any, in his department's service delivery does the Minister plan to privatise or outsource and how many jobs will this effect; further still, what savings are planned?"

Answer

As stated by the Chief Minister on 16th June 2009, in response to an oral question from Deputy G.P. Southern of St. Helier, all organisations change and adapt as technological improvements, economic conditions and other innovative opportunities arise. This applies equally to the public sector which must change and adapt, particularly in the current economic conditions. All departments need to keep the provision of their services under constant review, which must include whether there are more commercial ways of working or opportunities for wider private sector involvement. As such opportunities arise Departments will be expected to implement them as a means of improving efficiency and keeping costs down.

Members are aware that next month the Review of Social Housing undertaken by Professor Christine Whitehead from the Cambridge Centre for Housing and Planning Research and London School of Economics will be circulated for consultation as a Green Paper. In that report Professor Whitehead does discuss options for the future status of the Housing Department. These options will be the subject of full consultation ahead of a debate in the New Year.

12. Deputy T.M. Pitman of St. Helier of the Chief Minister regarding plans to privatise or outsource elements of service delivery:

Question

Following on from the Strategic Plan, what sector, if any, in his department's service delivery does the Minister plan to privatise or outsource and how many jobs will this effect; further still, what savings are planned?"

Answer

As I stated on 16th June 2009, in response to an oral question from Deputy G.P. Southern of St. Helier, all organisations change and adapt as technological improvements, economic conditions and other innovative opportunities arise. This applies equally to the public sector which must change and adapt, particularly in the current economic conditions. All departments need to keep the provision of their services under constant review, which must include whether there are more commercial ways of working or opportunities for wider private sector involvement. As such opportunities arise Departments will be expected to implement them as a means of improving efficiency and keeping costs down.

Previously I have informed States members of a good example of this in the recent exercise tendering for the improvement and upgrading of the States website in my own department. As a result a consortium of private companies successfully bid for and are now undertaking not only the development but also future provision of web facilities.

There are no current plans to privatise or outsource any further parts of the Chief Minister's Department's services, although if opportunities arise to improve service or cost to the public they will be fully evaluated.

13. Deputy G.P. Southern of St. Helier of the Minister for Treasury and Resources regarding estimates for the downturn in the economy for 2009 and 2010:

Question

Will the Minister inform members what evidence he has to support his estimates for the downturn in the economy for 2009 and 2010 of 4% and 2% respectively?

Answer

The Minister has taken the advice of the Economic Adviser and the Fiscal Policy Panel (FPP) on the outlook for the Jersey economy. The Economic Adviser made an objective assessment of the economic  outlook  based  on  a  quantitative  assessment  of  the  relationship  between  Jersey's economic performance and key economic variables and a qualitative assessment of the outlook for the various sectors of our economy. The FPP also made a similar assessment in their annual report published in May this year.

14. Deputy G.P. Southern of St. Helier of the Minister for Education, Sport and Culture regarding the number of secondary teaching vacancies advertised by his department for September 2009:

Question

Will the Minister inform members of the number of secondary teaching vacancies advertised by his department for September 2009 listed by subject area along with the numbers of applicants for these posts? Will he further state whether applicants were fully qualified secondary teachers in the subjects  required  and  whether applicants  were  locally  qualified,  UK  graduates  or  other nationalities? How many vacancies remain unfilled?

Answer

The Department has advertised 18  vacancies either  in the Jersey Evening Post or the Times Educational Supplement or both. The Department has also advertised two promoted posts internally giving a total of 20 posts.

The advertisements have attracted a total of 140 applications, all of which were from graduates, and some applicants may have applied for more than one post. 31 applicants were locally qualified (i.e. continuously resident in Jersey for a period of at least five years), one applicant was employed in a Jersey school on a J category contract, 87 applicants were from the UK, and 17 applicants were non-U.K. nationals.

11 of the 20 appointments were local appointments, eight were granted J category status, and one was granted a one year fixed term contract without a J category.

All with the exception of two local appointments were fully qualified secondary teachers in the subjects required. The two unqualified appointees were local graduates and will complete one year's training to obtain Qualified Teacher Status on Island.

No vacancies remain unfilled for September 2009.

Subject area

Science Mathematics English

History Headteacher Design Technology

No. of  No. of  Locally qualified posts Applications applicants

(see note) 4 33 3

5 31 2

3 20 6

1 1 1

1 14 1

1 24 8

UK  Other nationalities Graduate applicants

applicants

25 - 35 5 7 7 - 1 13 - 12 4

Drama 1 5 2 3 - Music 1 3 1 2 - Learning Support 1 4 4 - - Modern  Foreign  1 2 2 - -

Language

Girls PE 1 3 2 1 -

Note: This figure consists of the 31 applicants who have been continuously resident in Jersey for a period of at least five years, together with the one applicant employed in a Jersey school on a J category contract.

15. Deputy G.P. Southern of St. Helier of the Chief Minister regarding changes made to teachers' pension terms and conditions for new entrants:

Question

Will the Minister inform members what changes have been made to teachers' pension terms and conditions for new entrants and state how this differs from the UK equivalent?

Does the Minister agree with the statement of the Comptroller and Auditor General, supported by PAC, that

"terms and benefits must be broadly equivalent to those of the mainland in order to recruit staff."?

Does the Minister anticipate recruitment difficulties given the recently negotiated reduced pension terms?

Answer

The Jersey Teachers' Superannuation Fund introduced a new benefit structure in April 2007. The New Members part of the Scheme included numerous changes, some a betterment of terms, for instance the Death-in-Service lump sum was increased from once annual salary to twice annual salary. However, the main alteration was a decrease in the accrual rate from 60ths to 80ths (of final salary for each year of service). This differs from the UK equivalent which has retained accrual rates of 60ths.

In principle we do agree that "terms and benefits must be broadly equivalent to those of the mainland in order to recruit staff". Nonetheless, since the 1987 restructure of the Public Employee Contributory Retirement Scheme (PECRS) the pension situation for all other States employees does not compare favourably with corresponding schemes in the UK. However, the Comptroller and Auditor General made the point that recent reforms in the UK mean the gap is closing.

The situation regarding any recruitment difficulties is being carefully monitored by ESC and at the present time difficulties are only experienced where there is a general shortage nationally. Whilst it is true to say that some potential UK recruits have withdrawn their interest in moving to Jersey as a teacher because of the pension issue, it is also true to say that this has not resulted in any vacancy not being filled.

16. Deputy  G.P. Southern  of St. Helier of  the  Minister for Health and  Social Services regarding the number of vacant nursing and social worker positions:

Question

Will the Minister inform members how many positions, and at what levels, are unfilled in the full complement of -

1. Hospital nurses
2. Social workers

What measures, if any, does the Minister have in place to remedy the position? Answer

My answer to the Deputy naturally falls into two parts.

1. Hospital Nurses

In providing the information to the Deputy , I have included in the figures those health practitioners who are called Health Care Assistants'. This group of valuable practitioners is included within the Nurses and Midwives pay group.

As at 23rd June 2009, there are 54.99 FTE (Full Time Equivalent). This equates to 5.39% of the total Registered Nurse and HCA workforce.

As to remedial measures, I can advise the Deputy that 10 Registered Nurses have been appointed, but we are awaiting a starting date for them, which of course is subject to Police checks and health clearance.

Further remedial actions  which  are  intended to  improve the recruitment  and retention of our Nursing and Midwifery workforce include:

• Development  of  relocation  package  for  Nurses  and  Midwives  equitable  to  packages available to other pay groups
• A Hard to Recruit Area' policy developed locally that enables some negotiation for staff to relocate on an increment higher than the usual bottom increment of grade within the agreed States of Jersey Nurses and Midwives career framework. A more assertive approach is now taken to market Jersey and to identify Senior Nurse Managers as contact points so that those who are thinking of relocating to Jersey have a friend on the phone' here in Jersey, so to speak.
• As has been well publicised, a range of grow our own nurses initiatives' have been put in place. These imaginative schemes seek to give career opportunities to indigenous Islanders and thereby reduce the reliance on recruiting nurses from other jurisdictions.
• A radical overhaul of recruitment and other administrative procedures is underway aimed at streamlining and thereby reducing the gap between vacancy and a new nurse coming into post. The new vetting arrangements which are undertaken by the States of Jersey Police are being refashioned and should reduce the waiting time in this regard.

2. Social Workers

I am very pleased to report that with regard to Social Services, the number of vacancies within social work has reduced considerably over recent months. The following table best describes the picture, given the various specialisms within social work itself. The vacancies should be seen in the context of there being 58 substantive posts in social work.

Table 1

Service Area Number & nature of  Action

post/s

Adult Social Work 2.5 Social Work posts Posts  have  been  advertised.

Interviews mid July.

Children's  Executive  1  Residential/Secure  Due  to  be  advertised in Service Officer in Charge post September

Children's Service: 2 Social Work posts Assessment and Child

Protection

Children's Service: Special 1 Social Work post Needs

Post offered, awaiting completion of police checks

Recruitment  nearing completion, successful candidate in post in 2/3 months.

Whilst the vacancy position has improved, there is no room for complacency and we must always be vigilant. It is well known that there is a dearth of Registered Social Workers within the United Kingdom – which remains the principal source of all our Social Worker recruitment in Jersey.

Clearly long term solutions are required to address this problem, which threatens to erode the capacity of the service to deliver its core statutory services. Measures continue to be put in place with the aim of improving recruitment and, crucially, ensuring that once recruited, staff are retained in post. These remedial measures include:

• Re-evaluation of remuneration levels for all Registered Social Workers – which reflects the level of autonomy and decision making which Social Workers are accountable for now in the modern world.
• The Directorate of Social Services uses a portion of its training budget each year to support and financially sponsor up to four indigenous Islanders to undertake the Open University Social Work Degree. Again, this is another example of Jersey growing its own'.
• If the States supports the Williamson Implementation Plan, then additional training funds – and other supportive resources – will be available which will improve the quality and well- being of existing Social Workers. It is well recognised that a Department of Social Services which is undergoing a huge and positive investment in itself attracts social workers to come and to take up roles within a service which is recognised as being on a path of improvement with resources available to back this up.

17. Deputy G.P. Southern of St. Helier of the Chief Minister regarding the recruitment of the new Deputy Chief Executive:

Question

Would the Chief Minister give precise details a) of the procedure followed in the recruitment of the new Deputy Chief Executive and b) of his job description?

Answer

1. The States, when setting the 2009 Business Plan, specifically provided additional resources to allow the recruitment of the Deputy Chief Executive, in orderto bring together the Resources functions and to lead on change and efficiency across the public sector. The recruitment exercise then followed the process agreed under the aegis ofthe Appointment Commission. It was agreed that provided the suitable candidate fully met the job criteria the role should be filled by a local candidate with the appropriate knowledge andexperienceof the workings of the Statesof Jersey. Inthe first instance it wasagreedthatthe job should be offered to internal candidates and only if no oneof sufficient ability applied would it be advertised externally inJerseyandtheUK.Intheeventtherewas a goodchoiceof internal candidates who completed a number of assessed tasks and who were interviewed by a panel comprising, the Chief Minister, the Minister for Treasury and Resources, the Chief Executive, the Chairman ofthe Appointments Commission, and an external adviser. I ampleasedto report that John Richardson met the required standard and was considered to be the best candidate in the process.
2. The job description is attached.

JOB DESCRIPTION DEPARTMENT: Chief Minister's Department

JOB TITLE: Deputy Chief Executive/Chief Officer – Resources REPORTS TO: Chief Executive

1. JOB PURPOSE

To deputise, across the full range of his functions, for the Chief Executive as the provider of first line advice to the Chief Minister, ensuring that any such advice has been properly researched, is robust, and is in line with the States' overall strategic aims.

To provide strategic leadership to the Resource functions of the States of Jersey, comprising the Human Resources Department, Information Services Department including Customer Services, Property Holdings and Procurement and the JDE function, ensuring that the work of the Resources functions is focussed on, and supports the work of, the States of Jersey.

To work across the States, with the CMB, to devise and lead OD programmes to maximise efficiency and effectiveness.

2. PRINCIPAL ACCOUNTABILITIES

1. To support the Chief Executive in driving forward the corporate management agenda and the work of the Corporate Management Board. To deputise for the Chief Executive across the full range of his activities, and in his absence provide clear leadership to allExecutive States Departments, and for specific delegated functions.
2. To bring together the corporate resource functions of HR, Property, Information Services, Procurement and the JDE function, to create a high performing Resources Directorate which provides high quality, efficient services to Departments. The allocation of JDE functions and resources between CMD and Treasury will be led by the DCE and agreed with the Chief Executive and Treasurer.

3 To provide strong leadership and direction to the Resources Directorate, supporting the

professional Heads to ensure that the individual functions work in unison to drive forward the collective and corporate agendas. To ensure that proper processes are in place to review individual and departmental performance, objective setting and accountability for performance. To ensure that budget management processes are in place, aligning resource allocation with the finance available, savings or overspends are identified and appropriate action instigated.

4. To ensure that proper processes are in place to review and continuously improve individual and departmental performance, objective setting and accountability for performance.
5. To take the lead on driving organisational development and improvement to increase the efficiency and effectiveness of services across the States of Jersey, implementing systems to monitor the progress and effectiveness of any changes.
6. To take responsibility for specific, highprofile, corporate initiatives as determined from time to time.
7. To utilise the resource function, including the JDE system and the development team, to ensure that there is an enterprise wide system designed to support Departments and maximise efficiency.
8. To work as a member of the Corporate Management Board under the authority and direction of the Chief Executive to the Council of Ministers. To act at alltimes to secure the best interests of the States and their services on behalf of the public.

3. DIMENSIONS

(2008 data)

Financial Staffing FTE

Human Resources £4,255,300 55.00 ISD  £3,332,600 70.40 Customer Services  £244,400 11.7 Procurement £318,000 5.00 Property Holdings  £3,140,500 52.75 JDE  (total sum to be agreed)

Capital:

ISD Department 2008 - 2012 £18,000,000

Property Holdings 2008 – 2012 £29,622,00

4. KNOWLEDGE AND SKILLS

• Educated to degree level with a Postgraduate management qualification
• Substantial senior management experience of at least 10 years at a policy formulation level in a multi-disciplinary environment.
• Knowledge and understanding of the States of Jersey and substantial experience of working in a political environment
• Proven ability to drive performance in a multi-disciplinary team
• Strong analytical skills and proven project management ability.
• Significant negotiating, persuading and influencing skills
• Proven ability to lead, motivate and develop teams during periods of change.

18. Deputy R.G. Le Hérissier of St. Saviour of the Minister for Social Security regarding employment trends and the collation of unemployment statistics:

Question

Given the difficulties in accurately keeping track of unemployment trends will the Minister be revising the way in which such statistics are collected and, if so, how?

Answer

As indicated in response to Question 4587 (16th June 2009) and as previously stated by the Chief Minister in response to Question 4555 (2nd June 2009), the Social Security Department is currently working  closely  with  the  Statistics  Unit  to  produce  a  monthly  publication  on  registered unemployment in the Island.

Current statistics on individuals who are registered as unemployed and actively seeking work include details of gender, age and duration of actively seeking work status. Reports are published monthly in the employment section of the Social Security website. The April report can be found at the following web address:

http://www.gov.je/NR/rdonlyres/A684CA8F-01A8-4BC4-93F6- FC9C4CED5831/0/ASWApr09.pdf

19. Deputy  R.G.  Le  Hérissier  of  St. Saviour  of  the  Chairman  of  the  Privileges  and Procedures Committee regarding cases placed before the Complaints Board:

Will the Complaints Board be able to comment on whether alleged contraventions of Human Rights are a factor in cases placed before it?

Answer

PPC is currently awaiting the outcome of the recruitment process for additional members of the Complaints Panel. The interview process is being managed by a member of the Appointments Commission without the involvement of any members of PPC and I understand that the selection panel should be in a position to recommend nominations to the Committee within a week. At that stage PPC will lodge a proposition asking the States to approve the nominations put forward.

Once the Complaints Panel is fully reconstituted PPC will arrange a meeting with the Chairman, Deputy Chairmen and members to discuss the work of the complaints system. As the issue of human rights has been raised by States members I am happy to undertake to place this matter on the agenda for the meeting. I think it is nevertheless important to stress that the complaints system is a way for complainants who are aggrieved by a specific decision of a Minister, Department or person acting on their behalf to have the complaint reviewed and it would not therefore be possible for a Board to consider human rights matters unless they were directly relevant to a particular decision. In addition the only remedy that the Board can recommend, if it finds in favour of the complainant, is that the Minister should reconsider the original decision in the light of the Board's findings. Although the current Chairman and Deputy Chairmen are legally qualified there is no statutory requirement for them to be lawyers and a Complaints Board is not a court. When PPC meets the members of the Complaints Panel it will be keen to discuss the extent to which the Panel should be alert to human rights issues that are raised by complainants even if it is only to know when further information or advice on matters raised should be sought. When PPC discussed this issue on 19th June  2009  it  was  interested  to  note  the  views  of  the  UK  Parliamentary  Commissioner  for Administration, Ann Abraham, who, in response to the inquiry launched in April 2008 by the UK Equality and Human Rights Commission, wrote in August 2008 that "Formal findings of human rights infringements are of course a matter for the courts. But Ombudsmen need to ask human rights questions, use human rights language and play their part in nudging public authorities towards the sort of human rights culture that the Government envisaged with the Human Rights Act

in 1998."1

1 http://www.ombudsman.org.uk/about_us/FOI/whats_available/documents/responses/human_rights_inquiry.html

20. Deputy R.G. Le Hérissier of St. Saviour of the Minister for Social Security regarding the status of the claim against the assets of Woolworths in Jersey by GMAC:

Question

Would the Minister explain the status of the claim against the assets of Woolworths in Jersey by GMAC for £164 million?

Answer

This is a judicial matter inasmuch as the claim is to be adjudicated upon by the Viscount in terms of an Act of the Royal Court dated 2nd March, 2009. The Deputy should therefore address his question to the Viscount (or, of course, to the claimant).

21. Deputy R.G. Le Hérissier of St. Saviour of the Minister for Treasury and Resources regarding the reform of the public sector:

Would the Minister confirm whether the remit of one of his Assistant Ministers covers reform of the public sector and cost cutting and, if so, would he explain how this will come about?

Answer

Reform of the public sector and cost cutting does not come under the specific remit of either of the Assistant Ministers

22. Deputy M.R. Higgins of St. Helier of the Minister for Home Affairs regarding the Jersey Field Squadron:

Question

Following my earlier oral question would the Minister please provide the following detailed information on the Jersey Field Squadron:

1. How much is the Island's defence contribution to HM Government which covers the cost of the Jersey Field Squadron?

Answer

2007: Total £914,991 2008: Total £884,792

Question

2. What is the permanent staff of the Field Squadron, breaking it down into seconded regular army personnel and local personnel?

Answer

Two (2) Regular Soldiers (3 if no TA Officer Commanding available), two (2) Non-

Regular Permanent Staff (NRPS) and four (4) States of Jersey civil servants. The Squadron uses the Transport and Technical Services department to maintain all its vehicles and as such pays for a civilian Transport and Technical Services department fitter on an hourly basis.

Question

3. What is the cost of housing permanent members of the Field Squadron? Answer

The Squadron uses States of Jersey property to house its permanent staff; less one property that has a long term private lease. The enduring revenue liability is limited to property maintenance, which is met from the stated Squadron budget, and charges normally associated with residential properties. The underlying cost per annum is detailed below.

For 2007:

£48319.15 (Including all maintenance and lease charges)

£9246.77 (less property maintenance charges for the States of Jersey property) For 2008:

£76484.33 (Including all maintenance and lease charges – exceptional year as one property needed a new roof – note. commitment made to undertake work from existing funds as spend in 2008 reduced below level for 2007. This was an opportunity arising from cash savings associated with 7 soldiers deployed to Iraq)

£10883.28 (less property maintenance charges for the States of Jersey property)

Question

4. Would the Minister give the number of Island volunteer personnel on the books of the Squadron broken down by:

Answer

a. numbers recorded on the establishment for each year from the formation of the unit:

The Squadron's current records date back to 1996; it must be noted that when a soldier is mobilised for full time service they are posted from the Squadron's strength onto the Regular Army's strength.

The figures as at December for each year are:

b  numbers  recorded  on  the  establishment  who  were  actually  paid  for  attendance  at

training sessions from the year of its formation;

It is not possible to obtain detail as source data is no longer available because Ministry of Defence IT systems have changed over the years. It is important to consider  that  soldiers  only  get  paid  to  attend  training;  there  is  no  financial retention' element for a TA soldier, and the current policy is to discharge people who don't train. There is no benefit to artificially inflating recruited strength and

as such it is fair to say all those who are currently on the Squadron strength are training, and in receipt of pay, or pending discharge.

c  numbers of volunteers on establishment who attended annual camp for each year since

its formation;

Sometimes referred to as annual camps', continuous training periods of between 8 - 15 days can refer to a variety of activities, including recruit training courses, career courses, annual training exercises and attachments to Regular Units. The Jersey Field Squadron term their training in whether or not their soldiers are trained to a level that allows them to deploy on Operations.

d  numbers of volunteers on establishment who have served in Bosnia, Kosovo, Iraq or

Afghanistan.

33

Question

5. Would the Minister give details of the equipment paid for by Jersey for use by the Squadron and its current location?

Answer

The list of equipment held by the Jersey Field Squadron RE (M) is contained in a "Restricted"  document;  however,  the   Deputy  can  view  it  at  the  TAC  on  Mount Bingham should he wish. The Jersey Field Squadron does not pay for equipment that it doesn't have and it does not retain equipment that it doesn't require. With the exception of 6 sets of webbing and 3 Land Rover trailers (for exclusive use of the Jersey Field Squadron RE (M)) which is strategically placed with the Squadron's parent unit in Monmouth, to save on transport cost and excess baggage charges, all of the equipment that the Squadron has is held in Jersey.

3. Oral Questions

The Bailiff :

We come now to oral questions and the first question is in the name of Deputy Vallois of the Minister for Economic Development.

1. Deputy T.A. Vallois of the Minister for Economic Development regarding the breakdown of in Salary and Wages costs for Jersey Harbours:

Could the Minister provide a breakdown of the reduction of £782,500 in salary and wages as per 2008 financial accounts for Jersey Harbours when there was only a reduction in one full-time employee on their records since 2007 financial accounts?

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

I am not sure whether Members do have copies of the 2007 accounts in front of them but it would make it easier to explain the answer to this question. The harbour staff analysis is provided on page 153 of the 2008 accounts, which has been restated to exclude the part-year staff costs for the engineering staff which transferred from Harbours to Transport and Technical Services. This states an increase in Harbours staff costs of £249,000 from the 2007 to 2008 accounts. The 2007 comparative data included in note 3 to the 2007 accounts includes the partier costs for the engineering staff transferred from Harbours to T.T.S. (Transport and Technical Services). But aside of that, the F.T.E. (Full Time Equivalent) figure as at the end of the year does not include the staff who transferred across.

2. Deputy R.G. Le Hérissier of St. Saviour of the Minister for Treasury and Resources regarding the number of projects approved as part of the Fiscal Stimulus Package:

Would the Minister state how many projects have been approved as part of the Fiscal Stimulus Package and how many of these will address the issues raised by the recently announced redundancies in the finance sector?

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

I have given 21 projects an amber light so far and these will be given final go-ahead on a case by case basis once they have met all the necessary conditions. All the projects are designed to give and to protect all employment across the whole of the economy and manage to the extent that we can unemployment where there is. Money has been also made available this year to Jersey Finance with an additional £400,000. In addition, the Chief Minister's International Finance Directorate has had a further £400,000. This is designed to help mitigate some of the impact of the global slowdown on unemployment by boosting our activities in financial services. I will be keeping a close eye on developments in the financial services industry and I am quite prepared to make more money available from the fiscal stimulus package as circumstances require.

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

When will the Minister bring to this House details of what these schemes are because at the moment no one in this House or out there knows what these schemes are?

Senator P.F.C. Ozouf :

The Scrutiny Panel who have been scrutinising, if I may say, extremely well in relation to the individual plans know what these schemes are. The individual departments know what these schemes are, and I think the Deputy too knows what these schemes are. This Assembly delegated responsibility to the Minister for Treasury and Resources to sign off schemes. Those schemes are now having an amber light and I will be rolling out the detail of them as and when final approvals are given.

2. Deputy G.P. Southern :

When does he expect final approval given and when does he expect to come this House and inform Members, as they have a right to know, what is being done, what is £44 million being spent on in our name?

Senator P.F.C. Ozouf :

The Deputy appears almost by his fairly aggressive questioning to be suggesting that there is something amiss here. This Assembly has given me delegated responsibility to make decisions on a timely basis - targeted and timely - when conditions arise. The Deputy if he would have been reading information will know that of the £40 million, I have allocated initially £8 million for skills and training, £1.4 million for supporting individuals, £1.4 million for support for business, £7.8 million of civil infrastructure work and £21 million for construction and maintenance.

3. Deputy R.G. Le Hérissier:

Would the Minister identify the specific projects that will assist continuing employment in the finance sector as opposed to the very general statements he has made?

Senator P.F.C. Ozouf :

The Deputy is quite right and this is the second set of questions that I am answering in relation to - I think he dubbed it - white collar unemployment. I think the first thing to say is that the job losses that were announced last week by Lloyds Banking Group were not unexpected. Ministers had been briefed and continue to be briefed on the thinking that is within financial services. Obviously some of this information is commercially sensitive. In relation to Lloyds Banking Group it is clear that the reduction in staff is as a result of the moving of the call centre that was formerly part of HBOS to another place. Those job losses will not occur immediately but will occur as the bank develops and brings together the 2 organisations in the next 2 years. So the impact is not immediate. It is going to be throughout 2010 and 2011. The only way that we can deal with financial services downturn is by discussing with leading financial players what Jersey has to offer, encouraging them to base more activities in Jersey and to go out and win more business. That is why I answered in my question, while strictly not fiscal stimulus, the importance of putting money into Jersey finance and to the Chief Minister's Department in terms of going out and doing more marketing.

4. Senator B.E. Shenton:

Can the Minister give an assurance that some of the money will find its way into private sector initiatives and will not just be distributed by civil servants to fund States departments?

Senator P.F.C. Ozouf :

I am happy to brief Senator Shenton. The money is not going in to increase the amount of public sector workers. All of these projects have to be managed by a department. For example, the housing projects are managed by Property Holdings and the Housing Department. That is not going into wage packets of public sector workers. It is going into the wage packets of the construction workers that will be working and all of the ancillary services providing to bring forward a housing project. The work in terms of the allocations of money in Economic Development is going into businesses in expanding, for example, their offshore networks programme, their inward investment promotion for bringing more businesses to Jersey, all of the small loans guarantee arrangement, the enterprise grants, the Business Angels. This is going directly into businesses and helping businesses fight the recession and keep themselves competitive.

5. Deputy G.P. Southern :

Will this House be informed of exactly what the measures proposed are before the money is spent and does the Minister consider this accords with his commitment to open government?

Senator P.F.C. Ozouf :

Open government means communicating and explaining to the Scrutiny Panel that has been scrutinising these. They have made it clear that they do not wish to have a veto. As and when decisions are made, they will be communicated and Members will be informed. But if the Deputy is asking effectively for a veto right - a calling mechanism - for individual projects because some of his pet projects might not meet the precise conditions of what we need for fiscal stimulus then I am afraid the answer is no. This Assembly has given me responsibility to sign off projects and that is exactly what I am doing with a very strict criteria within the Treasury to boost economic activity in this downturn and doing it fast.

3. Deputy P.V.F. Le Claire of St. Helier of the Minister for Home Affairs regarding the purpose of files kept on States Members:

Can I ask the Minister if he would inform Members of the precise purpose why files were kept on States Members and if it was merely for the purposes of administration in order that they would know who to call in the event of an issue, would the Minister state how much has the operation cost and why it was given an operational name?

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

I think the essential part of the question which I understand from Deputy Le Claire is really a question as to whether the purpose of the files was purely to provide contact details. That does not appear to be so. I would have thought if you wanted contact details of a person you would not normally also have a full criminal check on them at the same time. In relation to the other aspects of the question, these are all matters which are currently under investigation and I am not going to speculate in relation to them until I see the result of the investigation.

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

A supplementary if I could, Sir? Given that the Minister has known about this since April, I appreciate he is allowing for the investigation to take its course. Surely from the oversight procedure he must at least have some inkling as to what the cost of this has been. That would give Members an inkling as to what has been going on because contrary to suggestions that have been made by some Members, I also find it remarkable. Would he not agree that this premise that they were doing it to keep a record of people's names is laughable because they could have gone to the front of the phonebook for that?