States Meeting Transcript - 06/07/2010

STATES OF JERSEY OFFICIAL REPORT TUESDAY, 6th JULY 2010

APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS..........................9

1. Appointment of the Chairman of the Health, Social Security and Housing Scrutiny Panel. ......................................................................................9

1.1 Deputy G.P. Southern of St. Helier:......................................................9

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

2. Written Questions........................................................................9

1. THE DEPUTY OF ST. JOHN OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING SERVICES TO HELP THE SUFFERERS OF COMBAT STRESS RELATED ILLNESSES:......................................................9
   2. SENATOR J.L. PERCHARD OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE COMMON INVESTMENT FUND:...............10
   3. SENATOR B.E. SHENTON OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING PLANNING DECISIONS MADE UNDER ARTICLE 19(3) OF THE PLANNING AND BUILDING (JERSEY) LAW 2002:.....10
   4. THE DEPUTY OF ST. JOHN OF THE CHIEF MINISTER REGARDING THE MAGISTRATE'S CONTRACT:.......................................................14
   5. THE DEPUTY OF ST. JOHN OF THE MINISTER FOR SOCIAL SECURITY REGARDING COLD CALLING' BY HEALTH AND SAFETY OFFICERS:........14
   6. THE DEPUTY OF ST. JOHN OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING STAFFING MATTERS AT THE AIRPORT:.......15
   7. SENATOR A. BRECKON OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE OFFICE STRATEGY:............................................16
   8. SENATOR A. BRECKON OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING SALARIES FOR JERSEY POST AND JERSEY TELECOM SENIOR MANAGEMENT STAFF:..............................................................17
   9. DEPUTY T.M. PITMAN OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING INFORMATION RELATING TO THE SUSPENSION OF THE CHIEF OFFICER OF THE STATES OF JERSEY POLICE:...................................18
   10. DEPUTY T.M. PITMAN OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING ANTI-SOCIAL BEHAVIOUR AT THE ALBERT QUAY:.................................................................................18
   11. DEPUTY T.M. PITMAN OF ST. HELIER OF THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING LIFEGUARDS AT HAVRE DES PAS BATHING POOL:......................................................................19
   12. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER TABLED AN ANSWER TO A QUESTION ASKED BY REGARDING CONSULTATIONS ON POTENTIAL JOB LOSSES IN THE PUBLIC SECTOR: ..............................19

13. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE CONSULTATION ON PERSONAL TAXATION:...........................................................................20
14. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE IMPACT OF COMPETITION IN THE POSTAL MARKET:...................................................................21
15. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING PERSONAL TAXATION:........................22
16. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE COMPREHENSIVE SPENDING REVIEW PROPOSALS:...............................................................23
17. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING RESPITE FACILITIES AND THE FOUR SEASONS HEALTH CARE GROUP:.................................................24
18. DEPUTY M. TADIER OF ST. BRELADE OF THE CHAIRMAN OF THE COMITÉ

DES CONNÉTABLES REGARDING THE ISSUE OF WARRANT CARDS:........26

19. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING ANNUAL GRANTS TO PRIVATE SCHOOLS:.................................................................26
20. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE COST OF PROCESSING A PLANNING APPLICATION:..........................................................27
21. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR HOME AFFAIRS REGARDING RATES OF CONVICTIONS FOR RAPE OFFENCES:.....28
22. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING HOSPITAL CONSULTANTS AND PRIVATE PRACTICE:..........................................................28
23. THE DEPUTY OF ST. JOHN OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING ROAD WORKS:............................29
24. THE DEPUTY OF ST. MARY OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE APPOINTMENT OF A LANDSCAPE ARCHITECT TO DESIGN AND DELIVER THE TOWN PARK: ....................30
25. THE DEPUTY OF ST. MARY OF THE MINISTER FOR PLANNING AND ENVIRONMEN REGARDING A REPORT ON PEAK OIL AND CLIMATE CHANGE:..............................................................................31
26. THE DEPUTY OF ST. MARY OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE DISCHARGE PERMIT FOR THE WATER OUTFLOW FROM THE JERSEY ELECTRICITY COMPANY'S POWER STATION: 32
27. THE DEPUTY OF ST. MARY OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING STATES INVESTMENT FUNDS AND BP:............35
28. THE DEPUTY OF ST. MARY OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE COMPREHENSIVE SPENDING REVIEW PROPOSALS:..........................................................................35
29. SENATOR F. DU H. LE GRESLEY, M.B.E. OF THE MINISTER FOR HOME AFFAIRS REGARDING THE COST OF THE SUSPENSION OF THE CHIEF OFFICER OF THE STATES OF JERSEY POLICE:...................................36

3. Oral Questions...........................................................................37

1. Deputy D.J.A. Wimberley of St. Mary of the Attorney General regarding the influence of the prosecution process by members....................................................37 Mr. T.J. Le Cocq Q.C., H.M. Attorney General: ..............................................37

1. The Deputy of St. Mary:................................................................38
2. Senator B.I. Le Marquand:..............................................................38 3.1.3. Deputy P.V.F. Le Claire of St. Helier : ..................................................39

2. Senator J.L. Perchard of the Minister for Education, Sport and Culture regarding the provision of Physical Education in primary and secondary schools.....................39 Deputy J.G. Reed of St. Ouen (The Minister for Education, Sport and Culture):..............39

1. Senator J.L. Perchard:..................................................................39
2. Senator J.L. Perchard:..................................................................40
3. Senator J.L. Perchard:..................................................................40
4. Deputy J.A. Martin of St. Helier:.......................................................40
5. The Deputy of St. Mary:................................................................40

3. Deputy T.M. Pitman of St. Helier of the Minister for Home Affairs regarding alleged anomalies in the construction of the Metropolitan Police Interim report................41 Senator B.I. Le Marquand (The Minister for Home Affairs): .................................41

1. Deputy T.M.Pitman:...................................................................41
2. Connétable A.S. Crowcroft of St. Helier:...............................................41
3. The Deputy of St. Mary:................................................................41
4. Deputy F.J. Hill of St. Martin : ..........................................................42
5. Deputy M.R. Higgins of St. Helier:.....................................................42
6. Deputy T.M.Pitman:...................................................................42
7. Deputy T.M.Pitman:...................................................................42

4. Deputy G.P. Southern of the Minister for Treasury and Resources regarding measures to ensure that non-locally-owned non-finance businesses that conduct business in the Island pay tax in Jersey........................................................................43 Deputy E.J. Noel of St. Lawrence (Assistant Minister for Treasury and Resources - rapporteur):.............................................................................43

1. Deputy G.P. Southern :..................................................................43
2. Deputy G.P. Southern :..................................................................43
3. Deputy G.P. Southern :..................................................................43
4. Senator A. Breckon: ....................................................................44
5. Senator A. Breckon: ....................................................................44

6. Senator A. Breckon: ....................................................................44
7. Deputy D.J. De Sousa of St. Helier:....................................................44
8. Deputy R.G. Le Hérissier of St. Saviour:...............................................44
9. Deputy R.G. Le Hérissier: ..............................................................45
10. Senator S.C. Ferguson:..............................................................45
11. Deputy G.P. Southern : ..............................................................45

5. The Deputy of St. Martin of the Minister for Health and Social Services regarding the maintenance of clinical and operative skills of a surgeon during his suspension........45 Deputy A.E. Pryke of Trinity (The Minister for Health and Social Services):.................45

1. The Deputy of St. Martin:..............................................................46
2. The Deputy of St. Martin:..............................................................46
3. Deputy C.F. Labey of Grouville :........................................................46
4. Senator S.C. Ferguson:.................................................................46
5. Senator S.C. Ferguson:.................................................................47
6. The Deputy of St. Martin:..............................................................47

6. Deputy M. Tadier of St. Brelade of the Minister for Home Affairs regarding an independent inquiry into the financial probityof the Haut de la Garenne Inquiry. ......47 Senator B.I. Le Marquand (The Minister for Home Affairs): .................................47

1. Deputy M. Tadier :......................................................................47
2. The Deputy of St. Martin:..............................................................48

7. Senator B.E. Shenton of the Minister for Planning and Environment regarding the influence of the Parish Connétable s in respect of planning matters......................48 Senator F.E. Cohen (The Minister for Planning and Environment):...........................48

1. Senator B.E. Shenton:..................................................................48
2. The Connétable of St. Helier:...........................................................49
3. Deputy R.G. Le Hérissier: ..............................................................49
4. Deputy M. Tadier :......................................................................49
5. The Deputy of St. Mary:................................................................49
6. The Deputy of Grouville :...............................................................50
7. Senator B.E. Shenton:..................................................................50
   8. Deputy P.J. Rondel of St. John of the Minister for Economic Development regarding the recent events aboard the Commodore Clipper ferry.....................................50 Senator A.J.H. Maclean (The Minister for Economic Development):.........................50

1. The Deputy of St. John:................................................................51
2. The Deputy of St. John:................................................................51
3. Deputy M. Tadier :......................................................................51
4. Deputy J.B. Fox of St. Helier:..........................................................51
5. The Deputy of St. John:................................................................52

9. Deputy M.R. Higgins of the Minister for Economic Development regarding appointments made at Jersey Airport over the last 3 years..............................52 Senator A.J.H. Maclean (The Minister for Economic Development):.........................52

1. Deputy M.R.Higgins:..................................................................52
2. Deputy M.R.Higgins:..................................................................53
3. Deputy R.G. Le Hérissier: ..............................................................53
4. Deputy T.A. Vallois of St. Saviour:....................................................53
5. Deputy M.R.Higgins:..................................................................53

10. The Deputy of St. Mary of the Minister for Treasury and Resources regarding the consultation process for personal and business taxation ................................54 Deputy E.J. Noel (Assistant Minister for Treasury and Resources - rapporteur):..............54

1. The Deputy of St. Mary:.............................................................54
2. The Deputy of St. Mary:.............................................................54
3. Deputy M. Tadier :...................................................................55
4. Deputy M. Tadier :...................................................................55
5. Senator F.du H. Le Gresley:.........................................................55
6. Deputy G.P. Southern : ..............................................................55
7. The Deputy of St. Mary:.............................................................56

11. Deputy J.A. Martin of the Minister for Transport and Technical Services regarding monitoring the current usage of the Route 18 bus.......................................56 Connétable M.K. Jackson of St. Brelade (The Minister for Transport and Technical Services): .........................................................................................56

1. Deputy J.A. Martin: .................................................................57
2. Deputy R.G. Le Hérissier:...........................................................57
3. Deputy J.A. Martin: .................................................................57
4. Senator T.J. Le Main:................................................................58

12. Deputy S. Pitman of St. Helier of the Minister for Treasury and Resources regarding the Central Market Post Office.............................................................58 Deputy E.J. Noel (Assistant Minister for Treasury and Resources - rapporteur):..............58

1. Deputy S.Pitman:...................................................................58
2. Deputy S.Pitman:...................................................................58
3. Deputy M. Tadier :...................................................................59
4. Deputy J.M. Maçon of St. Saviour : ..................................................59
5. Deputy J.A. Martin: .................................................................59

6. Deputy S.Pitman:...................................................................60

13. The Deputy of St. Mary of the Minister for Planning and Environment regarding the management of the expectations of planning applicants................................60 Senator F.E. Cohen (The Minister for Planning and Environment):...........................60

1. The Deputy of St. Mary:.............................................................60
2. Senator B.E. Shenton: ...............................................................61
3. Deputy J.M. Maçon:.................................................................61
4. The Deputy of St. Mary:.............................................................61

14. The Deputy of St. Martin of the Minister for Home Affairs regarding the return to duties of suspended police officers cleared of all disciplinary charges at a hearing on 23rd February 2010. .........................................................................62 Senator B.I. Le Marquand (The Minister for Home Affairs): .................................62

1. The Deputy of St. Martin : ...........................................................62
2. Senator A. Breckon:.................................................................62
3. The Deputy of St. Martin : ...........................................................62

15. The Deputy of St. John of the Minister for Economic Development regarding Consultants employed at the Airport....................................................62 Senator A.J.H. Maclean (The Minister for Economic Development):.........................62

1. The Deputy of St. John:..............................................................63
2. The Deputy of St. John:..............................................................63
3. Deputy M.R.Higgins:...............................................................63
4. Deputy M.R.Higgins:...............................................................63
5. Deputy J.M. Maçon:.................................................................64
6. Deputy R.G. Le Hérissier:...........................................................64
7. Deputy M.R.Higgins:...............................................................64
8. Deputy A.K.F. Green of St. Helier : ..................................................65
9. The Deputy of St. John:..............................................................65

16. Deputy M. Tadier of the Attorney General regarding the dual role of Connétable s as States Members and honorary police officers...........................................65 The Attorney General:........................................................................65

1. Deputy M. Tadier :...................................................................65
2. Deputy M.R.Higgins:...............................................................66
3. Deputy M. Tadier :...................................................................66

17. Deputy T.M. Pitman of the Minister for Treasury and Resources regarding regarding the implementation of a 30% Income Tax rate for those earning above £100,000 ..........67 Deputy E.J. Noel (Assistant Minister for Treasury and Resources - rapporteur):..............67

1. Deputy T.M.Pitman:................................................................67
2. Deputy G.P. Southern : ..............................................................68
3. Deputy G.P. Southern : ..............................................................68
4. Deputy M. Tadier :...................................................................68
5. Deputy M. Tadier :...................................................................68
6. Deputy T.M.Pitman:................................................................69

18. Deputy M.R. Higgins of the Minister for Treasury and Resources regarding the latest estimate of the tax revenue lost to the Treasury since the Zero Ten Tax regime was adopted.................................................................................69 Deputy E.J. Noel (Assistant Minister for Treasury and Resources - rapporteur):..............69

1. Deputy M.R.Higgins:...............................................................69
2. Deputy G.P. Southern : ..............................................................69
3. Deputy M. Tadier :...................................................................70
4. Deputy M.R.Higgins:...............................................................70

19. Deputy G.P. Southern of the Chief Minister regarding consultation with States employee representatives over the proposals for the first stage of the Comprehensive Spending Review.................................................................................70 Senator T.A. Le Sueur (The Chief Minister):.................................................70

3.19.1 Deputy G.P. Southern : ..............................................................71

4. Questions to Ministers Without Notice - The Minister for Education, Sport and Culture...................................................................................71

1. Deputy K.C. Lewis of St. Saviour:......................................................71 The Deputy of St. Ouen (The Minister for Education, Sport and Culture):....................71

1. Deputy K.C. Lewis :....................................................................71
   2. Senator S.C. Ferguson:.................................................................72
   3. The Deputy of St. Martin:..............................................................72
   4. Deputy S. Power of St. Brelade : ........................................................72
   5. Deputy M. Tadier :......................................................................72

4.5.1 Deputy M. Tadier :......................................................................73

6. Deputy G.P. Southern :..................................................................73

4.6.1 Deputy G.P. Southern :..................................................................73

7. The Deputy of St. John:................................................................73

2. The Deputy of St. John:................................................................74
3. The Deputy of St. John:................................................................74

8. Deputy T.M.Pitman:...................................................................74

4.8.1 Deputy T.M. Pitman:...................................................................74

9. Deputy D.J. De Sousa:..................................................................74
10. Deputy R.G. Le Hérissier: ..............................................................75

5. Questions to Ministers Without Notice - The Minister for Health and Social Services ...........................................................................................75

1. Deputy M. Tadier :......................................................................75 The Deputy of Trinity (The Minister for Health and Social Services):........................75

1. Deputy M. Tadier :......................................................................75
   2. Deputy K.C. Lewis :....................................................................76
   3. The Deputy of St. Martin:..............................................................76

5.3.1 The Deputy of St. Martin:..............................................................76

4. Deputy G.P. Southern :..................................................................76

5.4.1 Deputy G.P. Southern :..................................................................77

5. Deputy A.K.F. Green:..................................................................77

5.5.1 Deputy A.K.F. Green:..................................................................78

6. Deputy R.G. Le Hérissier: ..............................................................78
7. Deputy T.A. Vallois: ...................................................................78

STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY........................79

6. Statement by the Minister for Education, Sport and Culture regarding the Island Games 2015 ..............................................................................79

6.1 The Deputy of St. Ouen (The Minister for Education, Sport and Culture):..............79

1. Deputy K.C. Lewis :....................................................................79
2. Deputy J.A. Martin:....................................................................80
3. The Deputy of St. John:................................................................80
4. Senator J.L. Perchard:..................................................................80
5. Senator J.L. Perchard:..................................................................80

7. Statement by the Minister for Education, Sport and Culture regarding the lifeguard service at Havre des Pas.................................................................81

7.1 The Deputy of St. Ouen (The Minister for Education, Sport and Culture):..............81

1. Deputy T.M.Pitman:...................................................................81
2. Deputy K.C. Lewis :....................................................................81
3. The Deputy of St. John:................................................................81
4. Deputy D.J. De Sousa:..................................................................82
5. Senator A. Breckon: ....................................................................82
6. Deputy P.V.F. Le Claire: ...............................................................82
7. Deputy P.V.F. Le Claire: ...............................................................82
8. Deputy P.V.F. Le Claire: ...............................................................83
9. Deputy J.A. Martin:....................................................................83
10. Deputy A.E. Jeune of St. Brelade:...................................................83

LUNCHEON ADJOURNMENT PROPOSED..................................................83 LUNCHEON ADJOURNMENT................................................................84

STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY - resumption.........84

8. Statement by the Minister for Economic Development regarding the appointment of a Joint Chief Executive for the Jersey Competition and Regulatory Authority and the Guernsey Office of Utility Regulation..................................................84

8.1 Senator A.J.H. Maclean (The Minister for Economic Development):...................84

1. The Deputy of St. Martin:..............................................................85
2. Deputy G.P. Southern :..................................................................85

3. Deputy J.M. Maçon:....................................................................85

9. Statement by the Minister for Economic Development regarding Jersey Airport....85

9.1 Senator A.J.H. Maclean:................................................................85

1. Deputy P.V.F. Le Claire: ...............................................................86
2. The Deputy of St. John:................................................................86
3. Deputy R.G. Le Hérissier: ..............................................................87
4. Deputy A.E. Jeune :.....................................................................87
5. Connétable J.M. Refault of St. Peter:...................................................87
6. The Deputy of St. John:................................................................88
7. Deputy J.B. Fox:........................................................................88
8. The Connétable of St. John:............................................................88

9. Deputy J.M. Maçon:....................................................................88

PUBLIC BUSINESS.............................................................................88

10. Housing Development Fund: cost/benefit analysis (P.61/2010)........................88

1. Senator A. Breckon: ....................................................................89

2. Housing Development Fund: cost/benefit analysis (P.61/2010) – amendment (P.61/2010 amd.).........................................................................91

1. Deputy E.J. Noel (Assistant Minister for Treasury and Resources - rapporteur):.....91
2. Deputy P.V.F. Le Claire:............................................................91
3. Senator A. Breckon:.................................................................92

3. Housing Development Fund: cost/benefit analysis (P.61/2010) - as amended..........92

1. Deputy J.A. Martin: .................................................................92

2. Deputy S. Power:....................................................................93
3. The Deputy of St. Mary:.............................................................93
4. The Deputy of Grouville : ............................................................94
5. Senator A. Breckon:.................................................................94

11. Public Finances (Jersey) Law 2005: funding requests under Article 11(8) (P.64/2010) ...........................................................................................96

11.1 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):......................96 Deputy J.A. Martin:.........................................................................101 Deputy I.J. Gorst of St. Clement:............................................................102 The Deputy of St. John:.....................................................................102 Deputy J.A. Martin:.........................................................................102 Senator P.F.C. Ozouf :.......................................................................103 The Deputy of St. John:.....................................................................103

1. Senator B.E. Shenton: ..............................................................103
2. Deputy J.A. Hilton of St. Helier : ...................................................105
3. Deputy P.V.F. Le Claire:...........................................................107
4. Deputy M. Tadier :..................................................................109
5. The Deputy of St. John:............................................................110
6. The Deputy of St. Martin : ..........................................................112
7. Senator S.C. Ferguson:.............................................................114
8. Deputy R.G. Le Hérissier:..........................................................114
9. Deputy A.K.F. Green:..............................................................116
10. Senator F.du H. Le Gresley:......................................................117
11. Deputy J.A. Martin:..............................................................118
12. Deputy G.P. Southern :............................................................119
13. Deputy J.B. Fox:..................................................................121

APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS......................122

12. Deputy G.P. Southern :................................................................122

ADJOURNMENT..............................................................................123

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

APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS

1. Appointment of the Chairman of the Health, Social Security and Housing Scrutiny Panel.

The Deputy Bailiff :

We have the need to appoint a chairman to the Health and Social Security and Housing Scrutiny Panel and I invite nominations.

Senator A. Breckon:

I nominate Deputy Southern .

The Deputy Bailiff :

Is that seconded? [Seconded] Are there any other nominations? I declare Deputy Southern is appointed as Chairman of the Health and Social Security and Housing Scrutiny Panel. [Approbation]

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

May I just briefly thank Members for their faith in the Scrutiny system and myself.

QUESTIONS

2. Written Questions

2.1. THE DEPUTY OF ST. JOHN OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING SERVICES TO HELP THE SUFFERERS OF COMBAT STRESS RELATED ILLNESSES:

Question

Given that the military and government in the United Kingdom have established a special service run by General Practitioners to deal with cases of combat stress illness, will a similar service be available in Jersey, to make sure all our ex-service and serving personnel can benefit from any help that is required, given many Island residents have been or are in the Armed Services and the Island has a defence budget for our Territorial Army?

Would the Minister give details of what action if any, the Health and Social Services Department is taking in this area and, if none please explain why?

Answer

Individuals who work or who have worked in a military setting can present with a variety of psychological difficulties ranging from clinical depression and adjustment disorders through to anxiety states, obsessive compulsive disorder, as well as post traumatic stress disorder (PTSD). Staff within the Psychological Assessment and Therapy Service have experience of dealing with this wide range of difficulty. With regard to PTSD, we employ trauma focused treatments, namely EMDR (eye movement desensitisation reprocessing) and trauma focused CBT (cognitive behaviour therapy). These are recommended as the gold standard by NICE (National Institute for Clinical Excellence).

In an Island the size of Jersey, it would be difficult to see a separate service for military or ex military personnel being fully occupied or being able to offer such a wide range of potential interventions. Currently, any individual who is in difficulty can attend their GP and be referred into our service where we will try and tailor treatment according to need.

As yet an increase in referral rates from the military sector has not been noted locally, but it is something we should remain mindful of.

2. SENATOR J.L. PERCHARD OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE COMMON INVESTMENT FUND:

Question

Following the Assembly's decision on 11th May 2010 to adopt P.35/2010 and create a States of Jersey Common Investment Fund, whereby the majority of States funds will be pooled for investment purposes, will the Minister outline his plans for reporting the performance of the said Fund?

Answer

States Report R84/2010 "States Investment Strategies" was presented to the States on 22nd June 2010. Section 2.16 (page 8) advises that the Minister for Treasury and Resources will now be following an enhanced reporting on the performance of the States main funds via the Annual Accounts and once during the year as at the six months to June.

The States main funds are made up of the Strategic Reserve Fund, Stabilisation Fund, Social security (Reserve) Fund, Health Insurance Fund and the Consolidated Fund. Once the Common Investment Fund (CIF) is operational, these main funds will carry out their Individual Investment Strategies by investing in the CIF's different individual pools.

3. SENATOR B.E. SHENTON OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING PLANNING DECISIONS MADE UNDER ARTICLE 19(3) OF THE PLANNING AND BUILDING (JERSEY) LAW 2002:

Question

Can the Minister list all planning decisions specifically made under Article 19(3) of the Planning and Building (Jersey) Law 2002 during the past 2 years and publish the justification for doing so in each case, which is required under the Law?

Furthermore can he cross-reference these decisions with Article 12(1) and list all incidences where public inquiries were held and, if they were not held, explain the reasoning for deciding this Article of the Law was not applicable?

Answer

Preparing a wholly complete answer to this question is impossible in the timescale available as our computer systems are not designed to search on such criteria. The analysis presented in this answer, in itself, has taken over two and a half days of senior officer time. Additional information is of course available on the individual Planning files and these are publicly available.

I have however gained an estimate of the number of applications that have been approved and may potentially be regarded as exceptions to the Island Plan, and calculate that out of the total number of over 3500 applications determined between July 2008 and June 2010 approximately 30 decisions could be regarded as incorporating exceptions to the Island Plan. As such less than 1% of planning applications considered have been approved as insubstantial departures from the Island Plan.

The Scheme of Delegation for the determination of applications normally ensures that applications that do not accord with the Island Plan are determined by the Minister or the Planning Applications Panel.

An important requirement in considering planning applications is that each one is considered on its own merits. Indeed I am required by the Planning and Building (Jersey) Law at Article 19(1), and by case law, to take into account all material considerations in determining an application for planning permission. This is the strength of the planning applications process, because it allows all the relevant circumstances of a particular proposal to be properly considered and for a reasoned and logical conclusion to be reached.

As I have stated on previous occasions planning is an art form and not a box ticking exercise. It involves the assessment of many elements including the aesthetics of any proposal and each application needs to be considered within the principles of the policy framework, but with the ability if necessary to apply a certain element of discretion.

I have made it clear that my priority is delivering exceptional buildings designed to the highest standards and constructed with the best materials. We are achieving this objective and I direct the questioner to 50 Colomberie, El Tico, Chateau Valeuse, St Cecilia and Wayside as examples of the hugely increased standards. Interestingly all of these schemes have been designed by local architects. Other schemes such as Zephyrus, Westwater and Castle Quays II promise to deliver much needed high quality to the Waterfront. It may be that insubstantial departures from the Island Plan will in the future be required to ensure that we maintain the delivery of buildings of the highest standard.

In order to establish a context within which to consider applications the Law requires that an Island Plan is prepared to provide for the orderly, comprehensive and sustainable development of land in a manner that best serves the interests of the community. The Island Plan is not a rigid set of rules designed to deliver an outcome in every case rather it is a set of principles and built into the process is the ability to make to accommodate exceptions and when it was written it was never considered that its guidelines should be absolute. There is a general presumption if favour of granting planning permission if a proposal is in accordance with the Island Plan (Article 19(2)). However, there will always be a small number of situations where the material circumstances of a proposal are such that a proposal should be supported even though it does not wholly accord with the provisions of the Island Plan. Consequently Article 19 (3) of the Law allows the determination of these exceptions provided the Minister is satisfied that there is sufficient justification to do so and that the reasons for departing from the Policies of the Plan are clearly recorded in each case.

• I now turn to the second part of the question regarding Article 12(1) of the Law which deals with Public Inquiries.
• Article 12(1) of the Law requires that a Public Inquiry is convened when (a) a development would be likely to have a significant effect on the interests of the whole or a substantial part of the population of the Island; or (b) the development would be a departure (other than an insubstantial one) from the Island Plan. The question suggests that the Senator's particular interest is with the departure requirements of Article 12 (1)(b).

I should point out that the when the Draft Planning and Building (Jersey).Law was lodged in 2001 (P.50/2001) the report accompanying the Proposition made it clear that it was the intention that the process "will only be invoked in exceptional cases, and relates to large-scale developments such as a new reclamation site or an extension to the Airport runway." To this extent, it indicates where the line is drawn between substantial and insubstantial departures from the Island Plan.

• All the applications identified over the past two years as being inconsistent with the Island Plan are insubstantial departures and therefore would not warrant a Public Inquiry. Indeed since  I  took  office  in  2005  there  have  been  no  planning  applications  approved  for developments that are more than an insubstantial departure from the plan. Consequently there has been no need to convene a Public Inquiry.
• The Esplanade Quarter application was for a significant development that would be likely to have an effect on the interests of the whole or a substantial part of the population of the Island. Consideration of that planning application was made through the mechanism of a Public Inquiry, under Article 12(1)(a).
• A list of applications possibly involving exceptions to the Island Plan is provided below. As I have pointed out above this may not be entirely complete given that our computer systems are not designed to search in this manner.

These are the applications identified in the time available but this may not be a comprehensive list

4. THE  DEPUTY  OF  ST.  JOHN  OF  THE  CHIEF MINISTER  REGARDING  THE MAGISTRATE'S CONTRACT:

Question

Given the Police Court Magistrate is not undertaking Court duties, will the Minister consider terminating his contract and at the same time put in place a claim for wages paid to be returned?

Answer

Neither as Chief Minister nor as Chairman of the States Employment Board do I have authority to terminate the contract of the Police Court Magistrate. He is appointed by the Bailiff and can only be discharged from office by virtue of an Order of Her Majesty in Council.

The sentiments which lie behind the second part of the question strike at the very heart of the policy that suspension/exclusion is a neutral act and are therefore ones which I cannot support.

5. THE  DEPUTY  OF  ST.  JOHN  OF  THE  MINISTER  FOR  SOCIAL  SECURITY REGARDING COLD CALLING' BY HEALTH AND SAFETY OFFICERS:

Question

Can the Minister outline the practice used by Health and Safety officers in obtaining information; is it usual practice to cold call/telephone businesses and ask how many electrical sockets are in use within the premises and, if so, is this information then passed on to a third party in order that a survey of the electrical system can be undertaken, with a view to carrying out works?

Answer

The Health and Safety Inspectorate obtain information in a number of ways including as a result of claims  made  for  social  security  benefit,  being  contacted  by  individuals,  businesses  and representative groups, and as a result of carrying out visits to workplaces.

I can confirm that the Inspectorate have not been involved in making cold call telephone calls to businesses requesting information on electrical sockets. If the Deputy has any knowledge that individuals are misrepresenting themselves as members of the Inspectorate, I would request that he provide me with this information in order that appropriate steps can be taken as it is an offence to falsely pretend to be an Inspector.

Inspectors are restricted by law from passing on any information that they obtain during the course of their work. Such restrictions prevent them passing on any information to third parties for commercial purposes.

6. THE DEPUTY OF ST. JOHN OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING STAFFING MATTERS AT THE AIRPORT:

Question

Would the Minister advise whether an internal job vacancy was filled for a Strategic Planning Manager at the Airport in 2009, at a salary of between £60,000 and £85,000, and if so, why was it found necessary to employ this person, given that the job description appears to overlap with that of the Airport Director, and why was the job was only advertised internally and not to a wider audience?

Answer

A Strategic Planning Manager was appointed in March 2010 at Grade 12. Since February 2009 the individual had been providing these services under a secondment agreement with Capita Symonds, a local project management company. Following an unsuccessful States internal recruitment process in December 2008 this company had been engaged to provide the services of an individual who had experience of Jersey Airport and the States procedures and systems to undertake the role on an interim basis. The recruitment had been made on an internal basis due to the level of specialist knowledge, skills and experience required.

This job provides project planning and support to Jersey Airport's Executive Management Team, in particular relation to the significant and continuing capital investment programme, operational and commercial master plans as well as the airport's contribution to CSR. These are major issues with significant financial impact, which Jersey Airport has recognised and believes that strengthening management support in this area is a critical component  in ensuring and delivering value for money. Furthermore, the value of the position has been recognised in independent audits of the airport's governance processes supporting capital management and planning.

Question

Would the Minister advise whether a Baggage Consultant from Airfield Quality Assurance Ltd on a 2 year contract of £65,000 per annum is employed to advise at the Airport, and, if so, could this work not have been done from within the existing workforce?

Answer

An external resource has been appointed as there is no-one within the existing airport workforce that could provide the necessary level of experience required to support the proposed changes to the baggage system and changes to the ground handling arrangements, which seek to improve customer service. In addition, consistent with the airport's contribution to CSR and our own business plan, the resource is advising on additional revenue streams. This is a fixed term contract for one year and thereafter terminated by either party, not giving less than six months notice. The position has already delivered tangible savings on major investments as well as improvements to operational efficiency.

Question

Will the Minister advise whether a 1(1)(j) category employee in the Air Traffic Control Department has been signed off work until November 2010, as a result of that employee not passing necessary tests, and, if so, would he confirm the length of the remainder of this person's contract?

Answer

There is not a 1(1)(j) category employee in Air Traffic Services signed off sick until November 2010.

Question

Will the Minister advise whether the Airport Personnel Officer is employed on a part time basis, and, if so, at what grade?"

Answer

Following maternity leave the Human Resources Manager has returned to work and is employed for 32.5 hours a week on a Grade 11.

7. SENATOR A. BRECKON OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE OFFICE STRATEGY:

Question

Following the answer given by his Assistant Minister on 20th April 2010 concerning the States Office Strategy, would the Minister provide Members with details of what progress, if any, has been made?

Answer

As the Assistant Minister stated in his response on 20th April 2010, the high-level plan for the development of core office accommodation is progressing and it is still the intention that it will be completed before the States summer recess.

The report will set out a summary of the background research which has been conducted, the conclusions reached on the condition and efficiency of the current office portfolio and the options considered for delivering a fit for purpose and sustainable office estate.

It will review the sites that have been considered as potential locations and provides a brief overview of each. The report will also discuss the organisational changes that are needed to successfully implement the Office Strategy.

The document will include commentary on the following issues:

• Structure and tenure of the States estate;
• Spatial usage and standards;
• Location and condition of the existing office portfolio;
• Comparative studies with other public and private sector organisations;

• Option analysis of the potential solutions;
• Assessment of the financial and non-financial benefits of restructuring the office estate.

A key objective of the report will be to secure sufficient funding to progress the Office Strategy within a Change Management Programme to establish a more accurate assessment of potential savings that can be achieved through property efficiencies and proposed changes in working practices.

8. SENATOR A. BRECKON OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING SALARIES FOR JERSEY POST AND JERSEY TELECOM SENIOR MANAGEMENT STAFF:

Question

Can the Minister provide details of salaries above £70,000 that have been paid to existing and former employees of Jersey Post and Jersey Telecom in the two years prior to (and each of the years following) incorporation up to 2009?

Can the Minister provide details of any bonus payments and incentive payments that have been paid to existing and former employees of Jersey Post and Jersey Telecom in the two years prior to and each of the years following incorporation up to 2009?

Can the Minister provide details of the cost any severance or redundancy packages that have been paid to existing and former employees of Jersey Post and Jersey Telecom in the two years prior to and each of the years following incorporation up to 2009?

Can the Minister provide details of salaries above £70,000 that have been paid to existing and former executive or non-executive directors of Jersey Post and Jersey Telecom in the two years prior to and each of the years following incorporation up to 2009?

Answer

The States of Jersey is the sole shareholder in Jersey Post and Jersey Telecom and the Board's shareholder relationship is set up under a Memorandum of Understanding. The Minister for Treasury and Resources does not directly control employee remuneration.

Under the terms of the Memorandum of Understanding, in accordance with UK best practice, the annual Remuneration Report of the companies is voted on by the shareholder (i.e. the States of Jersey representatives) at the Annual General meeting. Any changes in remuneration for non- executive directors should be agreed in advance by the Minister for Treasury & Resources.

The Minister presents all the four Utility Company's Annual Accounts to the States. The accounts include disclosure of Directors' remuneration, which includes disclosure of Directors salary/fees and their bonuses.

On 21st June Utility Accounts for 2009 for Jersey Post International Limited; the Jersey New Waterworks Company Limited and Jersey Electricity Company were presented to the States. (R.C.78/2010, 79/2010 and 80/2010). The accounts for JT Group Limited will be presented shortly following their Annual General Meeting being held on 30th June 2010.

9. DEPUTY T.M. PITMAN OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING INFORMATION RELATING TO THE SUSPENSION OF THE CHIEF OFFICER OF THE STATES OF JERSEY POLICE:

Question

Under questioning about the lengthy suspension process of the Chief Officer of the States of Jersey Police on the 22nd June 2010, the Minister asked for patience, advising Members that all would be revealed in July, will the Minister now give assurances that when referring to July he meant that information, including access to the so called 'Metropolitan Police Interim Report' and information as to whether the former Chief Minister and current States Chief Executive Officer received briefings on other States Members as a consequence of 'Operation Blast', will be provided to members before, or during the last States sitting prior to the summer recess; or will the Minister be seeking to delay the release of such information until the summer recess has begun, thus preventing the opportunity for Members to ask questions?

Answer

It is very likely that I will provide considerable information to Members of the Assembly prior to 19th July 2010 and will make statements to the Assembly on 19th or 20th July 2010, so that I can be questioned on this area and on other related matters prior to the summer recess. If that occurs, then Members will receive notification of a number of briefings on a number of occasions prior to 19th July 2010.

10. DEPUTY T.M. PITMAN OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING ANTI-SOCIAL BEHAVIOUR AT THE ALBERT QUAY:

Question

Will the Minister advise what action, if any, the Harbours Department has taken to address the long-standing anti-social behaviour problems suffered by residents at Albert Quay Apartments; specifically whether the promised speed bumps are yet in place; what, if any, impact the new speed cameras have had and, if no action has been taken when will these matters be progressed?

Answer

1.Two smiley' SID cameras were fitted on the Albert Quay the week commencing 24th May

2010. We download the information on a weekly basis and share the information with the States of Jersey Police community officer to agree and define trends so that the police can increase their presence on the Albert Quay at peak periods.

2.The speed indicators have highlighted specific problems. Speeding is an issue, whilst

generally confined to a very small minority generally during the day with a few evening hot spots. These hot spots have been discussed with the police and they will be increasing their presence in the area at these times during this summer.

3.The speed cushions have recently been delivered and TTS carried out the work on Monday

5th July.

4.At the same time as the speed cushions are fitted, the speed limit for the Albert Pier will be

reduced to 15 miles per hour.

5.We are currently working with States Procurement to develop expressions of interest with the

tender document to enhance Jersey Harbours' security systems, further integrating Harbours and Police CCTV systems. Consideration with the Police is being given to licence plate and driver face recording cameras. The tender document will go live mid July for four weeks, with installations of the upgraded system planned for Q4 this year.

6.The residents have been updated regularly by e-mail on the progress with the last updated

being on 21st June 2010.

On a final note I would like to point out that the main issue the residents have is anti social behaviour and the noise level from a small number of cars.

11. DEPUTY T.M. PITMAN OF ST. HELIER OF THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING LIFEGUARDS AT HAVRE DES PAS BATHING POOL:

Question

Is the Minister able to identify any alternative efficiency savings, other than cutting the three life guards at Havre des Pas swimming pool, which would have less front-line impact on services, and, if so, what might these be?

Answer

Work is ongoing to identify a range of savings as part of the Comprehensive Spending Review process, of which a lifeguard service at Havre des Pas was part. It has never been my intention to compromise health and safety at Havre des Pas, and following concerns raised by Deputies Le Claire, Lewis and de Sousa, I will be making a statement on this subject under Item K on the Order Paper.

12. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER TABLED AN ANSWER TO A QUESTION ASKED BY REGARDING CONSULTATIONS ON POTENTIAL JOB LOSSES IN THE PUBLIC SECTOR:

Question

Will the Chief Minister state what formal consultation, if any, has taken place with representatives of States employees over the potential job losses contained in the proposals put forward by Ministers in the Comprehensive Spending Review and, if none, will he state when he expects consultation to start?

Will the Chief Minister indicate the timescale over which he envisages any redundancies will take place and the extent to which these will be covered by Voluntary Redundancy (VR) or Voluntary Early Retirement schemes already in place or will there be a need for compulsory redundancies? Will he further detail for members any proposals he has for changes to the VR scheme to be applied from 2011, and state whether (and when) he expects to consult with employee representatives over any changes, or does he intend to impose it unilaterally as with the pay freeze?

What estimates, if any, does he have for the cost in redundancy or other payments of the 67.6 job losses already proposed?"

Answer

There have been at least two meetings between senior officers of the Chief Minister's Department and senior staff representatives of all trade unions and staff associations recognised in the public sector to consider the economic and financial circumstances which lie behind the Comprehensive Spending Review and how the consequences of that review will be managed. Further, senior officers have met with the Regional Industrial Organiser of Unite – the largest union in the public sector- and some of his convenors to discuss proposed job losses in more detail. In addition, it has been proposed to Unite that they, and other union representatives, join Management in working through the proposals in yet more detail. This last proposal has yet to be accepted by the staff representatives

The timescales for the job losses which are forecast in terms of the 2% budget saving will be the remainder of 2010 and through  into 2011. Job  losses connected with the later stages of the Comprehensive Spending Review can be expected to occur from 2011 to 2013. We will be aiming in the first instance to achieve the necessary job losses through natural turnover, redeployment, retraining, voluntary redundancy or voluntary early retirement. Compulsory redundancy will occur only as a last resort if all these other processes have failed

The States Employment Board has not yet considered changes to the voluntary redundancy policy, although it is expected to do so shortly. Voluntary redundancies agreed before 31st December 2010

will be paid in accordance with the current terms. I have recently undertaken to the Deputy in an answer to a written States question, that there will indeed be consultation with employee representatives on any changes proposed and expect that the consultation will commence in September.

It is not possible for me to provide an estimate of the cost of redundancies at this stage. This will depend on how successful we are in managing the proposed job losses through natural turnover, redeployment and retraining, and age and length of service of those who volunteer for redundancy and early retirement.

13. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE CONSULTATION ON PERSONAL TAXATION:

Question

Will the Minister inform members why, in the Fiscal Strategy Review consultation documents on personal and business taxation, he has proposed a figure of £30 million for additional personal tax but has set no such figure for any additional contribution from the business sector to fund essential public services?

Can he further explain why over the period 2004 to 2008 Income Tax receipts from salary and wage earners have increased by 66% (from £136m to £225m) whist Company tax has only risen by 23% over the same period (from £189m to £233m)?

Will the Minister also give members his estimates of what the overall tax take (including GST, the 0/10 regime and Income Tax) between these two revenue generating sectors will be for the current tax year?

Answer

The Fiscal Strategy Review looks at four different tax options that could be combined to raise the £50-60m that the States is likely to need to maintain recent investments in health care, education and children's services, strengthen financial planning and close the expected deficit in States finances from 2012.

The Minister issued a Business Tax Consultation at the same time as the Personal Tax Consultation and at that time it was made clear that this review will aim to maximise the revenue from businesses but should not jeopardise competitiveness. The Minister is looking at whether it is possible to increase revenues from those companies with Jersey based business activities which effectively ceased to pay corporate tax in Jersey when 0/10 was introduced.

Tax receipts between 2004 and 2008 as both revenue streams are affected by a wide range of factors. For example, the period was one of strong economic growth in the Island which meant that between 2004 and 2008 average earnings increased by 20% and employment increased by 7%. In addition, over this period additional personal tax revenue was generated by the introduction of ITIS and 20 means 20.

The latest estimates are published on page 40 of the Budget 2010 report in Summary Table A.

14. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE IMPACT OF COMPETITION IN THE POSTAL MARKET:

Question

Following the Minister's undertaking last month to initiate a wide-ranging public consultation over the potential impact of the introduction of further competition into the postal market on the finances of Jersey Post and the maintenance of the USO; would the Minister update members on progress and state when we can expect the public and other stakeholders to be consulted?

Does the Minister accept that proper regulation and not competition may be the way forward in the delivery of efficient postal services for all postal users?

Answer

I released a consultation paper on the Universal Service Obligation for Postal Services in Jersey on Tuesday 29th June and it will run for eight weeks. The outcome of that consultation will help to frame policy in this area, but it is safe to say that efficiencies need to be made and the USO reconsidered. To that end the issue of more competition versus better regulation is not relevant.

15. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING PERSONAL TAXATION:

Question

Does the Minister consider the description of GST as "mildly regressive" as a fair and balanced statement to use in the consultation on personal taxation, when the Minister's figures show that it has more than twice the impact on the income of the lowest earners than it does on the highest?

Will he also explain to members why in the consultation on personal tax, almost half of the questions concern business, but he describes the Business tax review as a "technical exercise" aimed solely at business and taxation experts? Why has he not consulted the public on what they believe to be the correct balance to be struck between Business and Personal taxation?

Will the Minister state why he has chosen to consult on a cap of Social Security contributions at £115,000? Is it simply to be competitive with Guernsey's £117,468? What would the effect be of removing the ceiling altogether?

Answer GST

The description of GST as "mildly regressive" is very fair and balanced. The figures actually show that for the bottom income quintile in Jersey GST amounts to 2.9% of their expenditure while for the top quintile it amounts to 2.4% of expenditure. This difference can most accurately be described as a mildly regressive impact.

The analysis by the highly regarded and independent Institute for Fiscal Studies (IFS) in the UK of the distributional impact of VAT shows that the Minister's assessment is fair and balanced. In their Green Budget of January 2009 under the section titled "Myth 2: VAT is a regressive form of taxation" they point out that the percentage of income paid as VAT "varies relatively little across most of the income distribution, with the biggest exception being that the bottom decile group does pay a higher fraction of its net income on VAT than do other income groups". They go on to explain:

"However, looking at a snapshot of the patterns of spending, VAT paid and income in the population at any given moment is misleading, because incomes are volatile and spending can be smoothed through borrowing and saving. Consider a student or a retiree: their current income is likely to be quite low but their lifetime earnings could be relatively high. The student may borrow to fund spending, whilst the retiree may be running down savings. ..Because their spending is higher than their current income, these people will be paying a high fraction of their current income in VAT. Similarly, those with high current incomes tend to have high saving, and so appear to escape the tax, but they will face it when they come to spend the accumulated savings. Because of this consumption smoothing', expenditure is probably a better measure of living standards (and households' perceptions of the level of spending they can sustain)."

The IFS go on to conclude that "it is sensible to express gains and losses from VAT as a proportion of expenditure, and doing this the current VAT system is seen to be mildly progressive".

Tax consultations

The personal tax review contains questions on the impact on business because some of the options can, at least in the short-term, impact on business either directly through increasing employment costs or indirectly through their ability to attract and retain highly skilled staff. Both consultations are full public consultations and we welcome responses from all interested parties. The business tax consultation paper relates solely to corporate income tax and there are issues in addition to the fiscal deficit which are driving that review. It is more technical because we are looking at different ways of taxing business on their profits and maintaining tax neutrality which is an important feature of our business tax regime. The potential solutions are therefore by their nature technical.

The Business Tax Review makes it clear that we have to try and maximise the revenue from corporate tax but also retain our competitiveness. It would be misleading to imply that we can simply choose what the balance of corporate and personal tax should be.

The business tax consultation specifically asks for any other comments and ideas for changes to the business tax and so there is full opportunity for all interested parties to comment.

Social security ceilings

The option in the personal tax review that looks at raising the social security ceiling to £115,000 has been chosen because it would raise £30 million extra in social security contributions and would not put us out of line with the position in Guernsey. Completely removing the ceiling would raise about £45 million in social security contributions  but would also  further increase the cost of employing highly skilled people who earn above £115,000. Raising the ceiling would potentially make it less attractive for highly skilled, high earning people to work in Jersey and increase the cost of employing them, putting jobs and tax revenue at risk.

16. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE COMPREHENSIVE SPENDING REVIEW PROPOSALS:

Question

Will the Minister inform members of the decision-making process relating to her Comprehensive Spending Review proposals, to include the timeline of meetings at which these decisions were made and who was making these decisions?

Where services are to be reduced, will the Minister produce any risk or cost/benefit analysis carried out on the change?

Will the Minister state which, if any, services are to be outsourced along with the estimated costs of such moves?

Where there are to be job losses, will the Minister give details of the terms and conditions being offered to staff under any Voluntary Redundancy or Voluntary Early Retirement scheme which is in place, and state what timescale is envisioned for any such processes given that these proposals will not receive sanction from the States until September 2010?

Will the Minister also give details of what consultation, if any, with employee representatives has taken place or will take place?

Answer

In early March 2010, each directorate, within the Health & Social Services (H&SS) Department, was tasked with identifying initial savings of 2, 3, and 5% for the next three years as part of the States-wide Comprehensive Spending Review (CSR). These proposals were submitted to the H&SS Senior Management Team in mid March 2010. The Corporate Directors subsequently identified the most suitable schemes to take forward for 2011. These were judged to have the lowest impact upon front line services and were also the most likely to release cash within the shortest time frame. Following, discussions with their clinical teams, Directorate Managers submitted more detail of the proposed schemes. These proposals identified potential impacts upon the level of service, the risks associated with the scheme and the financial savings likely to be realised over the timeframe. These proposals, identifying initial views on the risk and cost/benefit analysis were completed in a short timeframe and are currently being further revised as the proposals are considered in greater detail. This information is available from the Department upon request.

On the 9th April 2010, the Minister and Assistant Ministers were briefed in relation to the proposals and rejected schemes that they considered unsuitable. On the 12th April 2010, those schemes that had been approved in principle by the Minister were submitted to the Treasury Department. On the 26th April, the Ministerial team considered the proposals in more detail and they were then peer- reviewed by a Minister of another Department on the 28th April 2010. These proposals were considered by the Council of Ministers at workshops on 6th and 19th May 2010. Following the decision of the Council of Ministers to agree the Departmental CSR schemes for 2% savings in 2011, the Directorate Managers were updated with regard to these decisions on the 25th May 2010.

The proposals for cost savings under consideration for 2011 are predominantly related to reductions or redesign of existing services. There are two schemes that involve potential outsourcing. Firstly, the closure of the sewing room which, amongst other things, makes theatre greens, alters uniforms for staff and marks up H&SS linen. The proposal is that theatres will purchase disposable garments whilst uniforms and pre marked linen will be purchased direct from suppliers. This proposal results in the reduction of five posts and potential recurrent savings of an estimated £100, 000 per year. Secondly, the proposal to close the hydrotherapy pool at the General Hospital may include outsourcing this facility to other hydrotherapy pools in the Island. These proposals are under development at this time.

In total, the 2011 schemes result in an estimated recurrent annual saving of £3.7 million and a reduction of thirty two posts across the H&SS Department. In all cases, options to redeploy staff will be the Minister's first consideration for those affected by these proposals. Where appropriate, a staff member may be considered for Voluntary Redundancy or Voluntary Early Retirement. This will be considered for implementation at the beginning of 2011 and in accordance with the existing States-wide scheme at that time. In all such cases, employee representatives have been involved to date. Employee representatives have received four detailed briefings since March 2010, in relation to the 2011 proposals and ongoing dialogue with staff and their representatives is planned as part of the CSR process. Front line staff have submitted sixty proposals to save money in the Department via the interactive H&SS CSR website. These suggestions are being investigated for inclusion in the saving plans for 2011-2013.

17. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING RESPITE FACILITIES AND THE FOUR SEASONS HEALTH CARE GROUP:

Question

Would the Minister confirm that the respite facilities currently being promoted in conjunction with the Four Seasons Health Care Group in Jersey have been fully inspected and approved by her department and that adequate, qualified and competent staff are being employed?

Can the Minister advise how many States funded bed spaces are currently provided by the Four Seasons Health Care Group in Jersey and what is the public cost?

Can the Minister state whether there are plans to introduce a Regulation of Care Law in Jersey and if so, when?

Can the Minister confirm that all staff in private care homes, including the Four Seasons Group, have been properly vetted and Police checked?

Following the Four Seasons Group's recent financial problems, can the Minister confirm that she is satisfied that all their Care Homes in Jersey are properly managed and that residents enjoy a safe, secure and proper standard of care?"

Answer

A thorough process of procurement was followed in support of the recent selection of respite facilities. This included robust evaluation and a range of checks and references including rigorous financial checks. This facility has been providing good quality care to adults with complex needs, placed by HSS, for some time and is supported by qualified and competent staff.

I can confirm that older person's services currently have 30 contracted beds at Silver Springs and a spot purchased' bed at La Haule. For reasons of commercial sensitivity I cannot disclose the cost of these beds.

The Minister for Health and Social Services has a joint role in being both the commissioner and regulator of care home services. This potential conflict of interest will be addressed in new legislation, the Regulation of Care (Jersey) Law 201- which is being developed by the Department with full support of the Ministerial team.

This legislation will include the independent regulation of all public and independent sector care homes, acute hospital services including minor surgery in general practice, social services and domiciliary care. This is a complex piece of legislation and, at a conservative estimate, will take about three years to take through the drafting stage. It is my intention to bring a proposition at a later date to the States setting out the in principle' policy of how this Law will operate.

There is no provision within the current Nursing and Residential Homes Law to require or enable the police vetting of staff. However, in the particular case of respite care, I can confirm that appropriate vetting and barring procedures are in place. Each of the providers contracted to supply the new adult respite services currently undertake full police checks for all employees, and are equally committed, as a part of the contract, to ensuring that staff receive adequate training and support.

The issue of vetting and barring has been raised before and I believe that the vetting department at the States of Jersey Police are unable to carry out criminal record checks due to the current Rehabilitation of Offenders (exceptions) Regulations. This is a matter that will be addressed in the aforementioned Regulation of Care Law. We do however, have specific standards on the recruitment and employment of staff in the sector to ensure the provision of suitably qualified and competent staff.

In December 2009 the parent company made a statement with regard to its financial position which is a matter of public record. Through the statutory inspection processes that apply to all care homes and involves routine inspection twice a year, I remain satisfied that all care homes operated by Four Seasons Health Care are appropriately managed to a proper standard.

18. DEPUTY M. TADIER OF ST. BRELADE OF THE CHAIRMAN OF THE COMITÉ DES CONNÉTABLES REGARDING THE ISSUE OF WARRANT CARDS:

Question

Following on from his statement on 17th November 2009 regarding the number of Connétable s holding warrant cards, would the Chairman advise whether any other States Members, other than Connétable s, have warrant cards; and whether he considers such policing powers by politicians are compliant with Jersey's international human rights obligations, and specifically the UN covenant on civil and political rights?

Answer

In my statement on 17th November 2009, I replied to a question from Deputy J.A. Martin of St. Helier  asking  which   Connétable s  still  held  warrant  cards  and  if  any  had  served  time  in  the Honorary Police in another capacity. I advised that six Connétable s held a 'warrant card'; that the cards were issued to these Connétable s as a proof of identity should it be required and of these Connétable s only two had served in the Honorary Police in another capacity. In view of the fact that only serving members of the Honorary Police would hold a warrant card' no other States Member would be entitled to do so.

In relation to whether the holding of policing powers by politicians is compliant with Jersey's international human rights obligations, Deputy Tadier has tabled an oral question to HM Attorney General and I concur that he is the correct person to address this issue.

19. DEPUTY  R.G. LE  HÉRISSIER  OF ST.  SAVIOUR  OF  THE  MINISTER  FOR EDUCATION,  SPORT  AND CULTURE  REGARDING  ANNUAL  GRANTS  TO PRIVATE SCHOOLS:

Question

What annual grants, if any, have been made to schools in the private sector in each of the last 3 years? Would the Minister specify by school and advise what the purpose is of these grants?

Answer

The following grants have been provided to private schools over the past three years.

School 2008 2009 2010 Beaulieu 1,639,496.00 1,828,833.00 1,773,649.00 De La Salle 1,784,841.00 1,859,951.00 1,936,262.00

Convent FCJ 439,436.00 463,267.00 472,493.00 St George's 171,551.00 189,447.00 192,320.00 St Michael's 382,256.00 402,896.00 388,962.00

It has been the Department's policy for  many years to provide financial assistance to private schools to support the delivery of the curriculum to pupils attending those schools.

Funding  has  been  provided  on  the  basis  of  pupil  numbers.  Generally,  secondary  schools  are allocated the equivalent of 50 percent of the cost of educating a pupil in a States school and primary schools are allocated 25 percent of the cost.

Providing financial assistance to these schools was considered to be cost effective as it enabled them to keep their fees at an accessible level thereby reducing the demand for places in the States provided sector.

This policy is currently under review.

20. DEPUTY  R.G. LE  HÉRISSIER  OF ST.  SAVIOUR  OF  THE  MINISTER  FOR PLANNING AND ENVIRONMENT REGARDING THE COST OF PROCESSING A PLANNING APPLICATION:

Question

What is the cost of processing an application such as P2010/0900(Extension to serving hatch)? Why are such applications subject to the full force of the Planning process?

Answer

This application relates to the former public toilets in Broad Street, which were converted into a café some years ago.

The building is currently designated as a Building of Local Interest on the Minister's Register of Buildings and Sites of Architectural, Archaeological and Historical Importance.

The current application is to remove the entire northern wall in which the existing serving hatch is located, and replace it with opening bi-fold doors.

The  cost  of  handling  an  application  of  this  type  will  be  approximately  £125,  comprising administration (registration and issuing decision), consideration by a planning officer, and in this case by an historic buildings officer, and advertising in the Jersey Evening Post.

As Members may know, the Minister is undertaking a substantial review of the Planning and Building (General Development) (Jersey) Order 2008, which will significantly increase the types of development for which planning permission will not be required. This type of proposal, on non- Registered Buildings, will almost certainly be added to the list of permitted development, and therefore will no longer require planning permission.

However, permitted development rights are unlikely to be extended to Sites of Special Interest, Buildings of Local Interest and Archaeological Sites where even minor alterations can damage the particular interest for which the site is registered.

21. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR HOME AFFAIRS REGARDING RATES OF CONVICTIONS FOR RAPE OFFENCES:

Question

With reference to his answer to my written question on 22nd June 2010, would the Minister advise whether he is satisfied with the recent rates of convictions for rape offences and, if not, what steps, if any, does he intend to take to increase that rate?

Answer

Rape is a particularly nasty and repugnant offence and in an ideal world I would like to see all those who have committed rape convicted.

The main responsibilities of the States of Jersey Police are to investigate the allegation and to produce a report and supporting evidence for the consideration of the Law Officers' Department who will then decide whether a prosecution should commence and will conduct any prosecution.

As rape is a common law offence in Jersey any trial will be before a jury who will determine guilt or innocence.

It follows from the above that successful prosecutions are dependant upon a number of factors. However, I am very pleased with the progress which has been made in recent years in relation to the staffing and efficiency of the Public Protection Unit which works in this area. Their excellent work will have significantly contributed to the conviction rate for rape cases in Jersey (approximately 22.45% over the last 5 years) which is relatively high when compared with the UK and I am confident that the States of Jersey Police deal with all allegations of rape in an appropriate and professional manner.

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

Question

Under what circumstances, if any, do medical consultants pursue private practice in publicly funded time? Assuming this occurs, what proportion of time is devoted to such practice and is the Minister satisfied that the situation is effectively managed on behalf of the public sector?

Answer

The arrangements for the management of public and private medicine in the hospital are governed by a Code of Practice which clearly specifies how, and under what circumstances, private practice activities can be undertaken. This code was negotiated with the British Medical Association and is based upon arrangements which exist in the National Health Service in England.

My department employs a range of consultants, some of whom work full time and some of whom work part time. Full time consultants are required to fulfil a minimum schedule of activities in accordance with their Job Plans. These activities are measured in units of four hours duration and are termed programmed activities' and are contractually underpinned within the consultants' contract. The standard working week for a full time consultant is 40 hours – and therefore it can be seen that 10 programmed activities comprise this weekly working period.

Consultants are also required to participate in on-call arrangements and may be required to attend the hospital to minister to a very sick or injured patient. This period of on-call covers evenings, night time, weekends and Bank Holidays. Within the terms of service outlined in their contracts allowance is made, in respect of these on call commitments, for consultants to take some time off to undertake private work, including limited sessions for consultations in their private rooms.

A consultant is entitled to time off in lieu that is determined by the frequency and intensity of their on-call rotas. In this context, consultants can undertake private practice within the working week - as it is accepted that they often work beyond their 10 programmed activities – and the proportion of their time allocated in this way may therefore vary depending upon the frequency and intensity of their on-call duties.

I believe that the co-existence of public and private patient care can work well and continues to be a factor in attracting high calibre clinicians to live and work in a small community like Jersey. Unlike the mainland the General Hospital has the only facilities suitable for surgical private practice and the service is reimbursed by charges made for the use of these facilities. My department has just completed a detailed review of the accommodation charges made for the private use of hospital facilities and a similar review is now underway in regard to the procedure charges made to ensure that this situation is effectively managed in the interests of the public service.

23. THE DEPUTY OF ST. JOHN OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING ROAD WORKS:

Question 1a

Could members be told when Queen's Road was last resurfaced, the cost and which asphalt contractor undertook the work and what guarantee, if any, exists on workmanship and materials?

Answer

Queen's Road and sections of La Grande Route de St Jean were resurfaced from mid-2006 to early 2007 by Brenwal Ltd and A. Le Sech (Asphalt) Ltd. The extent of the schemes was from the Rouge Bouillon roundabout to La Rue des Maupertuis. The Contract Cost was £510,000 and carried out under the New Engineering Contract (NEC3) Engineering and Construction Short Contract that allows a one year period for the notification of defects, i.e. any defects that appeared within one year from the completion of Contract, if the responsibility of the Contractor, would have to be repaired at their cost.

Question 1b

Given standing water on foot paths at times of heavy rain, can Members be told the cost of the resurfacing of Victoria Avenue, including resurfacing footpaths and which asphalt company is undertaking the work; what redress, if any, exists on any claim for poor workmanship and will the Minister be calling on external surveyors to inspect the works, if so will this be done before final payments are made to contractors?

Answer

The costs associated with Phase 2 and Phase 3 of Victoria Avenue are as follows:

The  Main  Contractor  for  the  project  is  Trant  (Jersey)  Ltd;  the  asphalt  surfacing work  was subcontracted to Pallot Tarmac Ltd.

The works are being carried out under the New Engineering Contract (NEC3) Engineering and Construction  Contract  Option  B.  The  ponding  on  the  footpaths  during  times  of  heavy  rain constitutes a defect under this Contract and consequently the procedures laid down by the Contract have been followed to notify the Contractor. He and consequently his asphalt subcontractor have to correct the defect at their cost. This remedial work will be undertaken by 16 July 2010.

Question 1c

As major Civil engineering works have been undertaken on Victoria Avenue under the fiscal stimulus, does the Minister not consider it would have been more productive to resurface many of the hundreds of miles of States roads across the Island which are in very poor condition and will he now put a proper programme in place to resurface all Island roads?"

Answer

The Highways Maintenance Section carries out three yearly condition surveys of the island roads. This information feeds into the Jersey Pavement Management System (JPMS) that identifies the roads in worst condition and consequently, in most need of repair. Victoria Avenue has long been on the top of this list and so when the fiscal stimulus bids were announced, a successful application was made for this project. The use of these funds to resurface a road that was in a very poor condition and used by more than 30,000 vehicles a day must be considered to be a positive outcome for the island.

Whilst Victoria Avenue was ranked at the top of the list, JPMS identified a further 11km of highway as a high priority for maintenance. The Highways Maintenance department will continue to  work  through  this  list  of  projects,  dependent  on  available  budget  and  the  infrastructure maintenance works of the utility companies.

24. THE  DEPUTY  OF  ST. MARY  OF  THE  MINISTER  FOR  TRANSPORT  AND TECHNICAL SERVICES REGARDING THE APPOINTMENT OF A LANDSCAPE ARCHITECT TO DESIGN AND DELIVER THE TOWN PARK:

Question

Following the Minister's confirmation on 22nd June 2010 that his Department in consultation with Planning and Environment, have appointed a landscape architect to design and deliver the Town Park, can he tell the Assembly when the project was put to tender, how it was advertised, and provide full details of the tendering and selection process?

Can he further tell members what consultation, if any, took place before and/or during the tender process?

Answer

Successful delivery of the Town Park project needs the design skills of remediation experts, and engineers, as well as landscape architects in one team, so a multidisciplinary consultant able to advise on both the remediation and park design was needed. A select list of five recommended consultants with remediation expertise, engineering ability and landscape design skills, were invited in 2008 to provide technical and fee proposals. Their written submissions, presentations and interview performance were assessed within a structured skills/cost scoring system to select the best team. Following written submissions, and interviews on 12th May 2008, the Parsons Brinkerhoff team were appointed. The team includes Burns and Nice as Park landscape architects who have extensive park and urban real experience. Local cost consultants Colin Smith Partnership are also part of the team and Carlo Riva has been selected to provide local architectural advice.

Landscape architects, EDAW prepared the park brief for Planning in January 2007, prior to TTS being assigned the project delivery and this was part of the consultancy services invitation package.

Community consultation on the proposed landscaped park has not been carried out to date as the North of Town Masterplan outcome has been pending. Consultation to understand the aspirations of the local community for facilities within the space available is envisioned. This would allow a park facilities brief to be finalised and the preparation of a park layout masterplan. The masterplan would then be published for consultation, in advance of preparing a detailed planning application to allow the construction of the park to start.

TTS has been allocated responsibility to deliver the park, but this must to be to design that is endorsed by the community, Planning and Environment, and the Parish of St Helier. Utilising the team that has been established and involved in evaluating the site and tendering a remediation and park contract package, will enable the park to be delivered in 2011. Any change in approach would delay delivery.

25. THE DEPUTY OF ST. MARY OF THE MINISTER FOR PLANNING AND ENVIRONMEN REGARDING A REPORT ON PEAK OIL AND CLIMATE CHANGE:

Question

Given that following the Strategic Plan debate in 2009, the Council of Ministers undertook to report on peak oil and climate change once a year, will Minister advise when the first such report will be published and advise whether it will include the latest research/findings/consensus on peak oil and its likely social and economic effects and will it give references to the documents and reports it cites?

Answer

The Deputy of St Mary lodged a successful amendment (P.52/2009) to Priority 1 of the States Strategic Plan 2009 – 2014 which asked the Council of Ministers to evaluate on an ongoing basis Peak Oil and Climate Change and report to the States once a year on their impacts on policy for Jersey.' The first of these annual reports was due in June 2010.

Elsewhere in the Strategic plan there is a commitment to provide an annual Report to the States by the Director of the Environment (Priority 13). It has always been my intention to bring these two commitments together as the issues for peak oil and climate change will be included in what I intend to be a state of the environment report. However there has been some delay in providing this report for two related reasons.

Firstly there have been resource issues, not least of which was the vacant Director of Environment post which has only recently been filled with the duties commencing on 1 July. The second reason for delay has been the delays in progressing the Energy White Paper which is at the heart of the State's intentions on addressing energy and climate change concerns. The Energy White Paper will provide a vehicle for setting carbon reduction targets and providing a policy framework and timescales within which to deliver the reductions. Part of this delay is a result of the vacant Director of Environment post but also the ongoing discussions with the energy providers on the Island over the issue of Carbon Intensity calculations. The targets for carbon reductions are expected to be in line with European Union targets of an 80% reduction on 1990 baseline levels by 2050. The draft White Paper is now expected to be out for consultation in Q3 2010.

Whilst I acknowledge my commitment to the States regarding the annual report I feel that at the moment it is best to concentrate resources in producing the framework and solutions required to address the issues of peak oil and climate change. I do however intend to report later this year on the tangible progress that I anticipate will be made.

When the report is produced it will be fit for purpose and include only information that can be supported by appropriate evidence. Through the Kyoto Protocol Jersey is expected to introduce, where possible, and having taken into account local circumstances, policies in line with the objectives of the UK Climate Change Programme. As such the guiding information from the UK Climate Change Programme will be that which informs any report. The report will not be an academic study of the issues as it is not the position of my Department to undertake such studies but it is my responsibility to ensure all the latest relevant and applicable information feeds any of our actions.

In the meantime progress is being made in relation to the extremely successful ECO-ACTIVE Energy Efficiency Service which provides grants to improve the energy efficiency of low-income and vulnerable islanders and work led by my esteemed colleague the Connetable of Grouville 's Tidal Power Commission. I believe these potential long term projects will make a major contribution to a low-carbon future and be a major plank of the Climate Change Adaptation Strategy that will begin to be developed later this year.