States Meeting Transcript - 12/10/2010

STATES OF JERSEY OFFICIAL REPORT

TUESDAY, 12th OCTOBER 2010

APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS..........................8

1. Corporate Services Scrutiny Panel - resignation of the Connétable of Grouville ......8

1.1 Senator S.C. Ferguson:..................................................................8

PETITIONS.......................................................................................8

2. The future of Jersey Post - Deputy J.A. Martin of St. Helier............................8

2.1 Deputy J.A. Martin of St. Helier:........................................................8

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

3. Written Questions........................................................................8

1. THE DEPUTY OF ST. MARY OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING CONSULTATION WITH THE GENERAL PUBLIC ABOUT THE COMPREHENSIVE SPENDING REVIEW:.............................8
2. THE DEPUTY OF ST. MARY OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE TIMELINE OF REVIEWS OF STATES DEPARTMENTS:.......................................................................9
3. THE DEPUTY OF ST. MARY OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING TOURISM EXPENDITURE:.......................10
4. THE DEPUTY OF ST. JOHN OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING NEW STAFF POSTS AT THE AIRPORT:.........12
5. DEPUTY J.M. MAÇON OF ST. SAVIOUR OF THE CHAIRMAN OF PRIVILEGES AND PROCEDURES COMMITTEE REGARDING THE RIGHT OF REPLY WITHIN MEDIA PROTOCOLS:................................................................13
6. DEPUTY J.M. MAÇON OF ST. SAVIOUR OF THE CHIEF MINISTER REGARDING THE STATES EMPLOYMENT BOARD'S DISCUSSIONS WITH STAFF REGARDING THE CHANGE IN THE FINAL SALARY PENSIONS: ...............13
7. THE DEPUTY OF ST. JOHN OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING AMOUNTS SPENT ON PURCHASE CARDS:........14
8. SENATOR B.E. SHENTON OF THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING THE PUBLIC RECORDS (JERSEY) LAW 2002:.........15
9. THE DEPUTY OF ST. JOHN OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE REFIT OF THE STATES TUG: ..............16
10. DEPUTY A.E. JEUNE OF ST. BRELADE OF THE MINISTER FOR HOUSING REGARDING THE NUMBER OF PEOPLE REGISTERED FOR SOCIAL RENTED HOUSING SINCE 2005:...............................................................17
11. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE INTRODUCTION OF DOUBLE-DECKER' BUSES:....................................................18

12. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE PUBLICATION OF ANNUAL TRANSPORT REPORTS:..............................................18
13. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR HEALTH AND SOCIAL SECURITY REGARDING MANAGERIAL REFORMS AT THE GENERAL HOSPITAL:..........................................................19
14. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING CHANGES TO THE PURCHASE OF TRAVEL SERVICES FOR STATES EMPLOYEES AND MEMBERS:............................................20
15. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE VOLUNTARY REDUNDANCY TERMS FROM 1ST JANUARY 2011: ......................................................................20
16. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING FUNDING MECHANISMS FOR SOCIAL SECURITY:..21
17. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING FINANCIAL ASSISTANCE FOR HOUSEHOLDERS' MORTGAGE PAYMENTS:......................................21
18. THE DEPUTY OF ST. JOHN OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE NUMBER OF TAX ASSESSMENTS CHALLENGED BY THE COMPTROLLER OF INCOME TAX: .....................22
19. THE DEPUTY OF ST. JOHN OF THE CHIEF MINISTER REGARDING ALLEGATIONS OF CORRUPTION:..................................................24
20. THE DEPUTY OF ST. JOHN OF THE CHIEF MINISTER REGARDING THE RECORDING OF MINISTERIAL DECISIONS:......................................25
21. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING HIGHLANDS CARE HOME: ...................26
22. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE RECESSION AND PUBLIC SECTOR CUTS:

27

23. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE COLLATION OF FINANCE INDUSTRY DATA:...............................27
24. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING DAMAGE CAUSED BY WATER INGRESS AT THE NEW ENERGY FROM WASTE PLANT:........................28
25. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE MONTHLY LENDING FIGURES:...........28
26. THE DEPUTY OF ST. MARY OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE REDUCTION OF ROAD ACCIDENTS IN THE ISLAND: ......................................................................30
27. THE DEPUTY OF ST. MARY OF THE CHIEF MINISTER REGARDING INTERNATIONAL CONVENTIONS: ................................................30

4. Oral Questions...........................................................................32

1. Senator F. du H. Le Gresley of the Minister for Home Affairs regarding youth justice:.32 Senator B.I. Le Marquand (The Minister for Home Affairs): .................................33

1. Senator F. du H. Le Gresley:............................................................33
2. Deputy T.M. Pitman of St. Helier:......................................................33
3. Deputy P.J. Rondel of St. John : ........................................................33
4. Connétable A.S. Crowcroft of St. Helier:...............................................34
5. Deputy F.J. Hill of St. Martin : ..........................................................34

2. Deputy P.V.F. Le Claire of the Minister for Planning and Environment regarding the units of accommodation proposed for St. Helier in the North of Town Master Plan: ....34

Senator F.E. Cohen (The Minister for Planning and Environment):...........................34

1. Deputy P.V.F. Le Claire: ...............................................................35
2. Deputy P.V.F. Le Claire: ...............................................................35
3. The Connétable of St. Helier:...........................................................35
4. Deputy J.A. Martin:....................................................................35
5. Deputy T.M.Pitman:...................................................................36
6. The Deputy of St. John:................................................................36
7. Deputy J.A. Hilton of St. Helier:........................................................36
8. Deputy J.B. Fox of St. Helier:..........................................................36

9. Deputy P.V.F. Le Claire: ...............................................................37

3. Deputy M.R. Higgins of St. Helier of the Minister for Economic Development regarding lawyers fees in Jersey: ..................................................................37 Senator A.J.H. Maclean (The Minister for Economic Development):.........................37

1. Deputy M.R.Higgins:..................................................................37
2. Deputy T.M.Pitman:...................................................................38
3. Deputy R.G. Le Hérissier of St. Saviour:...............................................38
4. Senator T.J. Le Main: ..................................................................39
5. Deputy M. Tadier of St. Brelade:.......................................................39
6. Deputy M. Tadier :......................................................................39
7. Senator T.J. Le Main: ..................................................................39
8. Deputy J.A. Martin:....................................................................39
9. Deputy M.R.Higgins:..................................................................40

4. Deputy A.E. Jeune of St. Brelade of the Minister for Housing regarding waiting and transfer list figures:.....................................................................40 Deputy S. Power of St. Brelade (The Minister for Housing):..................................41

1. Deputy A.E. Jeune :.....................................................................41
2. Deputy J.A. Martin:....................................................................41
3. Senator F. du H. Le Gresley:............................................................42
4. Deputy A.E. Jeune :.....................................................................42
5. Deputy A.E. Jeune :.....................................................................42

5. Deputy M. Tadier of the Minister for Economic Development regarding the current status in Jersey of credit links: ..........................................................43 Senator A.J.H. Maclean (The Minister for Economic Development):.........................43

1. Deputy M. Tadier :......................................................................43
2. Senator A. Breckon: ....................................................................44
3. Deputy M. Tadier :......................................................................44

6. The Deputy of St. John of the Minister for Education, Sport and Culture regarding the potential reconfiguration of the Arts Centre:............................................44 Deputy J.G. Reed of St. Ouen (The Minister for Education, Sport and Culture):..............44

1. The Deputy of St. John:................................................................45
2. Senator J.L. Perchard:..................................................................45
3. Deputy M. Tadier :......................................................................46
4. Deputy M. Tadier :......................................................................46
5. Deputy P.V.F. Le Claire: ...............................................................46
6. Deputy P.V.F. Le Claire: ...............................................................47
7. The Deputy of St. John:................................................................47

7. Deputy G.P. Southern of St. Helier of the Minister for Social Security regarding collective redundancy:..................................................................48 Deputy I.J. Gorst of St. Clement (The Minister for Social Security):..........................48

4.7.1 Deputy G.P. Southern :..................................................................48

8. Deputy D.J.A. Wimberley of St. Mary of the Minister for Treasury and Resources regarding the additional £15 million Comprehensive Spending Review (C.S.R.) cuts:..48

Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................48

1. The Deputy of St. Mary:................................................................49
2. Deputy G.P. Southern :..................................................................49
3. Deputy G.P. Southern :..................................................................49
4. Deputy A.E. Jeune :.....................................................................50

5. The Deputy of St. Mary:................................................................50

9. The Deputy of St. Martin of the Minister for Planning and Environment regarding claims of planning corruption within his Department:..........................................51 Senator F.E. Cohen (The Minister for Planning and Environment):...........................51

1. The Deputy of St. Martin:..............................................................51
2. The Deputy of St. John:................................................................52
3. The Deputy of St. Mary:................................................................52
4. Deputy J.A. Martin:....................................................................52
5. Deputy C.F. Labey of Grouville :........................................................52
6. The Deputy of St. Martin:..............................................................53

10. The Connétable of St. Helier of the Chief Minister regarding the delay in his publication of the Napier Report into the suspension of the former Chief Officer of the States of Jersey Police:...........................................................................53 Senator T.A. Le Sueur (The Chief Minister):.................................................53

1. The Connétable of St. Helier:........................................................53
2. Deputy T.M.Pitman:................................................................54
3. The Deputy of St. Martin : ...........................................................54
4. The Deputy of St. Martin : ...........................................................54
5. The Deputy of St. Mary:.............................................................54
6. Deputy R.G. Le Hérissier:...........................................................54
7. Deputy M.R.Higgins:...............................................................55
8. The Deputy of St. Martin : ...........................................................55
9. The Connétable of St. Helier:........................................................55

11. Deputy K.C. Lewis of St. Saviour of the Minister for Education, Sport and Culture regarding reduced grants to fee-paying schools:........................................55 The Deputy of St. Ouen (The Minister for Education, Sport and Culture):....................55

1. Deputy K.C. Lewis : .................................................................56
2. Senator J.L. Perchard: ...............................................................56
3. Senator J.L. Perchard: ...............................................................56
4. Senator J.L. Perchard: ...............................................................57
5. Senator P.F. Routier:................................................................57
6. Deputy J.M. Maçon of St. Saviour : ..................................................57
7. Deputy K.C. Lewis : .................................................................58

12. Deputy R.G. Le Hérissier of the Chairman of the Privileges and Procedures Committee regarding the progression of complaints received relating to the alleged secret recording of a Minister's comments: ..............................................................58 Connétable J. Gallichan of St. Mary (Chairman of the Privileges and Procedures Committee): .........................................................................................58

1. Deputy R.G. Le Hérissier:...........................................................58
2. Deputy R.G. Le Hérissier:...........................................................58
3. The Deputy of St. Martin : ...........................................................59
4. Deputy T.M.Pitman:................................................................59
5. Deputy T.M.Pitman:................................................................59

13. Deputy T.M. Pitman of the Chief Minister regarding disciplinary action arising from the Napier Report:..........................................................................59 Senator T.A. Le Sueur (The Chief Minister):.................................................59

1. Deputy T.M.Pitman:................................................................60

2. Senator T.J. Le Main:................................................................60
3. The Deputy of St. Martin : ...........................................................60
4. The Deputy of St. Mary:.............................................................60
5. The Deputy of St. Martin : ...........................................................61
6. Deputy T.M.Pitman:................................................................61

14. The Deputy of St. John of the Minister for Treasury and Resources regarding applications for stimulus funding:......................................................61 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................61

1. The Deputy of St. John:..............................................................62
2. Deputy D.J. De Sousa of St. Helier : .................................................62
3. Deputy M.R.Higgins:...............................................................62
4. Deputy M.R.Higgins:...............................................................63
5. The Deputy of St. John:..............................................................63

15. Deputy T.M. Pitman of the Minister for Education, Sport and Culture regarding the costs of university education: ................................................................63 The Deputy of St. Ouen (The Minister for Education, Sport and Culture):....................63

1. Deputy T.M.Pitman:................................................................64
2. Deputy T.A. Vallois of St. Saviour:..................................................64
3. Deputy M. Tadier :...................................................................64
4. Deputy M. Tadier :...................................................................64
5. Senator S.C. Ferguson:..............................................................64
6. Senator S.C. Ferguson:..............................................................65
7. Deputy P.V.F. Le Claire:............................................................65
8. The Deputy of St. Mary:.............................................................65
9. Deputy T.M.Pitman:................................................................65

5. Questions to Ministers without Notice - The Minister for Transport and Technical Services..................................................................................66

1. The Deputy of St. Mary:................................................................66 Connétable M.K. Jackson of St. Brelade (The Minister for Transport and Technical Services): .........................................................................................66
2. The Connétable of St. Mary:............................................................67
3. Deputy G.P. Southern :..................................................................67

5.3.1 Deputy G.P. Southern :..................................................................67

4. The Deputy of Grouville :...............................................................67

5.4.1 The Deputy of Grouville :...............................................................67

5. Deputy M. Tadier :......................................................................68
6. Deputy J.B. Fox:........................................................................68
7. Deputy R.G. Le Hérissier: ..............................................................68
8. Deputy J.M. Maçon:....................................................................68
9. Deputy D.J. De Sousa:..................................................................68

5.9.1 Deputy D.J. De Sousa:..................................................................69

10. Connétable G.F. Butcher of St. John:...................................................69
11. Senator P.F. Routier: ...................................................................69
12. Deputy P.V.F. Le Claire: ...............................................................69
13. The Deputy of St. John:................................................................70
14. Deputy A.E. Jeune :.....................................................................70
15. The Deputy of St. Mary:................................................................70
16. The Connétable of St. Mary:............................................................70

6. Questions to Ministers without Notice - The Minister for Treasury and Resources..71

1. The Deputy of St. Martin:..............................................................71

Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................71

1. The Deputy of St. Martin:..............................................................71
   2. Senator J.L. Perchard:..................................................................71
   3. Deputy A.E. Jeune :.....................................................................71
   4. Deputy G.P. Southern :..................................................................72
   5. Senator S.C. Ferguson:.................................................................72
   6. Deputy T.M.Pitman:...................................................................72
   7. Deputy M.R.Higgins:..................................................................73
   8. The Deputy of St. John:................................................................73
   9. Deputy D.J. De Sousa:..................................................................73
   10. The Deputy of St. Mary:................................................................74
   11. Deputy R.G. Le Hérissier: ..............................................................74

STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY........................75

7. Statement by the Chairman of the Corporate Services Scrutiny Panel regarding the Jersey Development Company proposals: ..............................................75

7.1 Deputy C.H. Egré of St. Peter:..........................................................75

1. Senator A. Breckon: ....................................................................75
2. The Deputy of St. John:................................................................76
3. Deputy J.A. Martin:....................................................................76
4. Connétable D.J. Murphy of Grouville :..................................................76
5. Deputy R.G. Le Hérissier: ..............................................................77
6. Deputy P.V.F. Le Claire: ...............................................................77
7. Senator P.F.C. Ozouf :..................................................................77

PUBLIC BUSINESS.............................................................................78

8. Jersey Financial Services Commission: re-appointment of Commissioner and Chairman (P.129/2010)..................................................................78

[Debate proceeded in camera]................................................................78

LUNCHEON ADJOURNMENT PROPOSED..................................................79 LUNCHEON ADJOURNMENT................................................................79 PUBLIC BUSINESS - resumption..............................................................79

9. Property and Infrastructure Regeneration: the States of Jersey Development Company Limited (P.73/2010) - proposition to defer debate...........................80

1. Deputy D.J. De Sousa:..................................................................80
2. Senator T.A. Le Sueur:.................................................................80
3. Deputy D.J. De Sousa:..................................................................80
4. Senator T.A. Le Sueur:.................................................................80
5. Senator A. Breckon: ....................................................................81
6. Deputy D.J. De Sousa:..................................................................82
7. Senator B.I. Le Marquand:..............................................................82
8. The Connétable of Grouville :...........................................................82
9. Deputy J.A. Martin:....................................................................83
10. The Deputy of St. John:................................................................83
11. Senator S.C. Ferguson:.................................................................84
12. Deputy A.E. Jeune :.....................................................................84
13. Deputy M.R.Higgins:..................................................................84
14. The Deputy of St. Martin:..............................................................85

15. Deputy M. Tadier :......................................................................85

16. The Connétable of St. Brelade:.........................................................85
17. Senator P.F.C. Ozouf :..................................................................85
18. The Deputy of St. Peter : ................................................................86
19. Deputy G.P. Southern :..................................................................87
20. Deputy P.V.F. Le Claire: ...............................................................87
21. Connétable J.M. Refault of St. Peter:...................................................87
22. Deputy E.J. Noel ofSt.Lawrence:......................................................89
23. Deputy T.M.Pitman:...................................................................90
24. Deputy D.J. De Sousa:..................................................................90

10. Property and Infrastructure Regeneration: the States of Jersey Development Company Limited (P.73/2010)..........................................................92

1. Senator T.A. Le Sueur (The Chief Minister):...........................................92
2. Deputy T.M.Pitman:...................................................................96

1. Property and Infrastructure Regeneration: the States of Jersey Development Company Limited (P.73/2010 - amendment.......................................................97
2. Senator B.E. Shenton: ...............................................................97
3. Senator T.A. Le Sueur:..............................................................97
4. The Connétable of St. Brelade:......................................................98
5. The Connétable of St. Helier:........................................................98
6. Senator J.L. Perchard: ...............................................................99
7. Deputy J.A. Martin: .................................................................99
8. Senator F.E. Cohen: ................................................................100
9. The Deputy of St. John:............................................................100
10. The Deputy of St. Mary:..........................................................100
11. Senator B.E. Shenton:............................................................101

3. Property and Infrastructure Regeneration: the States of Jersey Development Company Limited (P.73/2010).........................................................103

1. Deputy T.M.Pitman:...............................................................103
2. Deputy J.M. Maçon:................................................................103
3. The Connétable of Grouville :......................................................103
4. Deputy P.V.F. Le Claire:...........................................................104
5. Senator A. Breckon:................................................................104
6. The Deputy of St. John:............................................................106
7. Deputy R.G. Le Hérissier:..........................................................108
8. Deputy J.A. Martin: ................................................................108
9. Senator F.E. Cohen: ................................................................111
10. The Connétable of St. Helier:.....................................................112
11. Senator S.C. Ferguson: ...........................................................113
12. The Deputy of St. Mary:..........................................................114
13. Senator T.A. Le Sueur:...........................................................116
14. Deputy M. Tadier : ................................................................116
15. Deputy E.J. Noel: ................................................................118
16. The Connétable of St. Peter:......................................................119

ADJOURNMENT..............................................................................121

The Roll was called and the Dean led the Assembly in Prayer. APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS

1. Corporate Services Scrutiny Panel - resignation of the Connétable of Grouville The Deputy Bailiff :

We come now to F and I give notice to Members that the Bailiff has received the resignation of the Connétable of Grouville from the Corporate Services Scrutiny Panel.

1.1 Senator S.C. Ferguson:

May I just put on record my thanks to the Connétable of Grouville for his contribution to the work of the Corporate Services Panel. I would include in that his support on the original Public Accounts Committee when we first introduced the concept of non-States Members participating in States Committee deliberations.

[9:45]

His input to discussions was very useful and the concept has now been carried to new heights, as demonstrated in the C.S.R. (Comprehensive Spending Review) 2 proceedings. The Constable has always made a most valuable and balanced contribution to the panel's deliberations, sometimes very Grouvillian, but always very useful. I regret very much that he has resigned but I would very much hope that we will work together again in the future. Thank you.

PETITIONS

2. The future of Jersey Post - Deputy J.A. Martin of St. Helier The Deputy Bailiff :

Under H, Deputy Martin has a petition to present regarding the future of Jersey Post.

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

Can I just say a few words? I would like to thank the workers at Jersey Post for organising this petition and I have asked for the debate on 2nd November. Between now and then I would hope that Economic Development, Treasury and Jersey Post management do not pull any more rabbits out of the hat before this House has had time to look at what is happening down at Jersey Post and what may happen in the future if it continues.

QUESTIONS

3. Written Questions

1. THE DEPUTY OF ST. MARY OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING CONSULTATION WITH THE GENERAL PUBLIC ABOUT THE COMPREHENSIVE SPENDING REVIEW:

Question

Can the Minister explain in detail the consultation which took place with the general public about the CSR, both Phase 1 and Phase 2 and advise –

What specific consultation was undertaken with regard to the 50/50 split between tax increases and spending cuts?

What form did the consultation take?

What documents were published as part of the consultation?

How were the benefits of public expenditure of different types explained?

What steps, if any, were taken to ensure that all sections of society were reached during the consultation?

In addition what formal consideration, if any, has been given to public feedback already available to the States concerning facilities and services, whether through the Jersey Annual Social Survey or through specific feedback gathered by departments or agencies, e.g. the Police surveys of the public or the Youth Service surveys of users?

If such consideration has been given, can the Minister provide members with a list of this feedback with direct references?

Answer

I have already responded to a number of questions to the Deputy on CSR and consultations. It has already been explained that whilst no formal consultation was undertaken on the CSR proposals there was clearly a wide public debate when the 2011 Business Plan was lodged. It is expected and indeed welcome that there will be a further public debate when the budget is lodged with the CSR 2 proposals for 2011. Departments have put forward their own suggestions for savings and growth and have taken account of public feedback through the JASS survey and other means for any consideration of changes.

2. THE DEPUTY OF ST. MARY OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE TIMELINE OF REVIEWS OF STATES DEPARTMENTS:

Question

Following the response to written question 5612 on 13th September 2010, can the Minister explain how considered and thoughtful in-depth reviews, which aim to restructure departments without detriment to front-line services, can be undertaken in less than 2½ months (ESC) and 3½ months (Home Affairs, Court and Case Costs and Terms and Conditions)?

Can the Minister tell members the exact dates on which Tribal were engaged as professional advisers to start work on the 4 reviews mentioned above?

Given that the written answer of 13th September only gives details of 4 out of the 6 major reviews promised for the CSR, can the Minister give precise details of the reviews into Social Security and Health and Social Services and advise how these reviews are progressing?

Who are the 7 "independent" reviewers' and what reviews are they working on and what is their role?

What is the timeline to which these reviews have been working – with regard to draft reports, discussions, redrafting, and final submission?

What was the selection process for the professional advisers' and independent reviewers'? Answer

I accept that the timescales for the major reviews were tight but all the reports, together with the Steering Group reports which members will receive on 11 October 2010, have proved very useful.

Tribal were engaged as follows:

• Home Affairs/Court and Case Costs – 1 June 2010
• Education, Sport and Culture – 7 July
• Terms and Conditions – 12 July (my previous answer stated that this review commenced in June – the selection process did but the formal engagement was 12 July)

As the Minister for Social Security has committed to undertaking a review of Income Support, I agreed that this would be the CSR major review. Income Support and supplementation are the key components of that department's budget and, as supplementation is being considered together with FSR, any CSR savings would need to come from Income Support, together with the other benefits and services funded from taxes. Undertaking two reviews into Income Support did not seem appropriate and would be wasteful on both internal and external resources.

It was not appropriate to commission a major review for Health and Social Services until the new Chief Executive was in post, which was in June. The Steering Group for that department has produced a report highlighting the current issues and the way forward, which was circulated to States members yesterday. This highlights the need for a major review to develop a new strategic model for Health and Social Services which will now be progressed.

The seven independent reviewers, as I have previously advised are:

• Philip Taylor – Court & Case Costs
• John Mills and Paul Marett – Health & Social Services
• Tom Binet and Chris Ambler – Home Affairs
• Tony O'Neill – Terms and Conditions
• Stephen Regal – Education Sport and Culture

One of the reviewers chaired each of the Steering Groups of the major reviews. As stated in the last answer in September:

"The advisers' reports have been, or are being, finalised and presented to the relevant Steering Group. Those groups are now drafting their own reports with their findings to be discussed at political boards set up on 21st September. These outcomes will be discussed in relation to the CSR Part 2 process looking at savings in 2012 and 2013."

The major review reports as well as the Steering Group reports are now completed and the latter have been circulated to members.

The consultants undertaking the major reviews were selected following the appropriate procurement guidelines with at least three companies requested to submit tenders. I advertised for members of the public to put their names forward to help on the major reviews and, after individual interviews, I selected the seven named above.

3. THE DEPUTY OF ST. MARY OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING TOURISM EXPENDITURE:

Question

Following on from the Minister's answer to Written Question 5611 on 13th September 2010, can the Minister advise members -

1. What is the 2009 figure for "Airline Marketing"?
2. What is the 2009 figure for "Route Development"?
3. What is the 2009 figure for "Conference Bureau"?

Can he further advise whether these sums are included in departmental figures under the heading of "Policy and Research" as they were in 2007 and 2008?

Further can the Minister inform the Assembly how much was spent in 2009, 2004, 1999, and 1994 (or a comparable set of years) on the following -

1. Public Relations in France
2. Public Relations in Benelux
3. Public Relations in Germany
4. Marketing and marketing support of all kinds in France
5. Marketing and marketing support of all kinds in Benelux
6. Marketing and marketing support of all kinds in Germany? Answer

Figures for 2009

1. Airline Marketing was £404,517.
2. Route Development was £173,000.
3. Conference Bureau was £235,959.

These figures are include in the 2009 Jersey Tourism Annual Report under the heading Strategy & Policy.

In addition Jersey Tourism spend in 2009 on:

1. Public Relations in France was £48,073.
2. Public Relations in Benelux was £13,625.
3. Public Relations in Germany was £47,484.
4. Marketing and marketing support of all kinds in France was £211,782.
5. Marketing and marketing support of all kinds in Benelux was £5,000.
6. Marketing and marketing support of all kinds in Germany was £227,754.

The above figures have been calculated using a combination of identifiable costs in each of the specified markets. Similar levels of expenditure were experienced in previous years although detailed information is no longer available for the earlier years specified in the question. However a similar level of revenue expenditure for France and Germany can be applied to 2008.

4. THE DEPUTY OF ST. JOHN OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING NEW STAFF POSTS AT THE AIRPORT:

Question

How many new posts have been created at the Airport over the last 5 years, not including in any way those posts that have been disposed of (by offsetting)?

How many air traffic commercial movements have there been year on year since 2000 to date?

Does the Minister maintain comparisons of air traffic commercial movements with Guernsey and, if so, how do our figures compare with Guernsey year on year over the same period?

If Jersey figures are lower or similar to Guernsey will the Minister please give reasons?

What action is the Minister taking to recoup business?

Answer

1. Fourteen posts, none of them directly offset, have been created at Jersey Airport since 2005. This can be broken down as follows:

2005 = 0, 2006 = 1, 2007 = 8, 2008 =1, 2009=4, 2010 = 1

However, although there are fourteen new posts we also reduced a further six posts, which were not directly offset, meaning that the true increase in posts from 2005 to 2010 is eight.

2. As follows are the air traffic movements for Jersey since 2000:

2000 = 80,816. 2001 = 80,634. 2002 = 73,813. 2003 = 75,380. 2004 = 72,958. 2005 = 70,324. 2006 = 69,798. 2007 = 72,340. 2008 = 76,525. 2009 = 64,876

Up to July 2010 this figure stands at 36,326.

3. Jersey Airport can access the annual air movements for Guernsey via the CAA website but can see no justification in making comparisons as we are not competing against them in terms of traffic movements. Commercial air movements for Guernsey are as follows:

2000 = 56,705. 2001 = 56,772. 2002 = 53,224. 2003 = 50,810. 2004 = 56,199. 2005 = 54,918. 2006 = 54,440. 2007 = 59,747. 2008 = 59,494. 2009 = 57,634

Up to October 2010 this figures stands at 45,191.

4. As one would expect, due to the nature of operations in Jersey our air movements are higher than those of Guernsey. However, it is fair to say that the tough economic climate has had an impact on air traffic globally over the past few years and this has impacted on both islands in terms of volume.

5. I am fully  supportive of the Route Development Team, established at Jersey Airport to proactively increase business to the Island. This is in line with our strategic plan of 1% growth year on year in terms of passenger numbers and commercial movement. Despite the current conditions we are seeing some signs of recovery in the latter part of this year in terms of passenger numbers and I am confident that by the end of 2010 or early next year we will be in a stronger position if this positive trend continues.

5. DEPUTY J.M. MAÇON OF ST. SAVIOUR OF THE CHAIRMAN OF PRIVILEGES AND PROCEDURES COMMITTEE REGARDING THE RIGHT OF REPLY WITHIN MEDIA PROTOCOLS:

Question

Does the Committee consider that the current right of reply within the media protocols referred to within P.100/2010 (Media Relations: Code of Conduct) is effective and what evidence, if any, does it have to support this view?

Answer

It is not the rôle of the Privileges and Procedures Committee to express a view in respect of any protocol operated by a media organisation, nor to provide evidence to support any such view.

The Deputy may, however, be interested to note that, following a meeting with the Deputy of St. Martin, the Privileges and Procedures Committee is currently undertaking further work in respect of P.100/2010 (Media Relations: Code of Conduct). The debate on the proposition has therefore been deferred until 30th November 2010.

6. DEPUTY J.M. MAÇON OF ST. SAVIOUR OF THE CHIEF MINISTER REGARDING THE STATES EMPLOYMENT BOARD'S DISCUSSIONS WITH STAFF REGARDING THE CHANGE IN THE FINAL SALARY PENSIONS:

Question

What discussions,  if any, have the States Employment Board had with Unions and employee representatives to change the final salary pension scheme for new entrants?

Answer

There has been no discussion with Unions and employee representatives to change the final salary pension scheme. This option has been suggested by Tribal Group, who recently undertook a review of terms and conditions of States employees, and is receiving active consideration by the SEB.

If this suggestion is to be taken forward discussions will take place with the Public Employees Pension Scheme Joint Negotiating Group (JNG). The JNG includes representatives from most paygroups as well as pensioner representatives and negotiates on behalf of its members with the employer.

The terms of reference for an actuarial review of the Public Employees Contributory Retirement Scheme (PECRS), commissioned by the States Employment Board, will ask the actuary to advise on a number of options. Until formal advice has been received on these options, it is not possible to say whether there will be a change to the final salary pension scheme for new recruits.

7. THE  DEPUTY  OF  ST. JOHN  OF  THE  MINISTER  FOR  TREASURY AND RESOURCES REGARDING AMOUNTS SPENT ON PURCHASE CARDS:

Question

Following the written response to question No. 5628 on 28th September 2010 regarding the use of purchase cards, would the Minister provide details of how the following departments spent the sums disclosed?

Department Chief Officer P.A. Secretary

£ £

Chief Minister 6,351.91

Treasury and Resources 6,354.78 Economic Development 6,561.66

Education, Sport and Culture 1,832.81 2,239.98 Jersey Harbours 24,738.11 2,003.54 Jersey Airport 21,323.68 4,967.63

Answer

N.B. The figure given in the Question for Chief Minister is incorrect. The total should read £6,351.99.

Please find the answer given in the table on the following page.

Period 1st September 2008 to 31st August 2010

Department Travel Accommodation Meals &  Stationery &  Conference  Other Total

hospitality postage and Course

(£) (£) fees (£)

(£) (£)

(£)

Chief  3,938.81 431.05 485.17 0.00 1496.96 0.00 6,351.99 Minister's –

Chief Officer

Treasury and  2,419.09 249.40 87.86 486.62 787.75 2,324.06 6,354.78

Resources –

PA

Economic  1,813.26 2,316.54 2,158.69 0.00 0.00 273.17 6,561.66 Development

– Chief Officer

Education  16.90 1,015.48 800.43 0.00 0.00 0.00 1,832.81 Sport and

Culture –

Chief Officer

Education Sport and Culture – PA

Jersey Harbours – Chief Officer

Jersey Harbours – PA

Jersey Airport

– Chief Officer

Jersey Airport

– PA

Total

1,304.51 0.00

10,174.45 6,259.66

241.41 0.00 7,013.06 5,109.74

1650.76 24.00 28,572.25 15,405.87

60.40 0.00 5,219.00 0.00

341.11 54.47 2,703.31 0.00

0.00 84.41

11,855.97 625.50

499.00 376.07 2,239.98

0.00 3,085.00 24,738.11

0.00 1366.55 2,003.54

4,672.35 1,825.22 21,323.68

2,745.00 463.46 4,967.63 10,201.06 9,713.53 76,374.18

8. SENATOR B.E. SHENTON OF THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING THE PUBLIC RECORDS (JERSEY) LAW 2002:

Question

Given that R.111/2010 (Public Records (Jersey) Law 2002: Report On The Work Of The Jersey Heritage  Trust  And  The  States  Archivist  During  2009)  stated  that  Dr.  James'  key recommendations,  made  in  September  2008,  are still  applicable,  namely  that  the  proper implementation of the Public Records (Jersey) Law 2002 is impossible with current staffing levels; that public access should be improved and the cataloguing backlog stabilised through a package of measures, ideally moving back to the previous staff establishment of 11 and that an infrastructure of departmental information managers within each States administration and the appointment of a permanent records manager on the staff of the Jersey Archive is imperative if the Archive is to carry out its duties under the Law, can the Minister advise what action, if any, has been taken to address these long-standing issues and confirm that the Archive is optimally staffed and funded to cope with the ramifications of the proposed Freedom of Information legislation?

Answer

The report accompanying the proposition approved by the States in July (P.75/2010) relating to the Jersey Heritage Trust, made it clear that the important issues identified in the question relating to the Jersey Archive together with the additional resources required would be dealt with separately. To that end, my Department has already sought the views of the Jersey Heritage Trust and the Records Advisory Panel, appointed under the Public Records (Jersey) Law 2002, and discussions are taking place with the Chief Minister's Department to determine the best way forward. Once this consultation is complete, the results will be made known and a plan produced outlining the actions necessary to ensure that the Archive is properly resourced.

Work is being undertaken to identify the financial and manpower implications necessary for the Archive to carry out its duties under the Public Records (Jersey) Law 2002 and in addition, consideration is being given to the resources required to cope with any ramifications of the proposed Freedom of Information Law.

Effective compliance with both the Public Records Law 2002 and the proposed Freedom of Information Law is dependent on adequate resources being secured to ensure all departments are able to provide for the implementation and ongoing management. This matter must be resolved before any new Law is brought into force.

9. THE DEPUTY OF ST. JOHN OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE REFIT OF THE STATES TUG:

Question

Will the Minister advise whether the States Tug has been in Rotterdam or elsewhere off-Island for a refit and, if so, would he provide a detailed breakdown of the works undertaken and the costs?

Would the Minister further advise whether any crew stayed with the vessel and, if so, what were the associated costs and how long was the crew off-Island?

Is the pilot vessel Rival undergoing a refit and, if so, would the Minister give details of the works being undertaken, by whom and the estimated costs?

Answer

As has been widely reported in the media, the Duke of Normandy was taken to Hardinxvelt in Holland for a refit and standard five year inspection as required by the Classification Society. The vessel was built and delivered in 2005, underwent first refit in 2007 and was therefore due for a refit and 5 year special survey in 2010.

The final account has not yet been agreed and settled, however the total cost of the refit and inspection will fall within the budget of £210,000 as approved by the States in the 2010 Business Plan.

The cost of the re-fit includes:

• Main engine servicing
• Hydraulic crane overhaul
• Propeller shaft withdrawal and inspection
• 5 year special survey
• Bottom survey
• Bottom painting and replacement of anodes
• Alterations to towing winch to better assist with ploughing and other operations
• Hydraulic chain pin to assist in buoyage maintenance
• Safety boat and launching device

• Steaming time and fuel to and from yard
• Return flights to yard
• Accommodation for supervising crew when vessel in shed

Crew members were away from the Island for differing periods but at least one member of the crew remained with the  vessel  at  all times to  supervise works  and undertaking  some of the work themselves. Crew members slept on board whenever possible. Costs and expenses associated with the re-fit were approximately £28,000. This includes costs associated with getting the boat to and from Holland, and crew working outside normal hours during the refit to ensure work could be completed as quickly as possible and reduce the time the tug was out of service.

The pilot vessel Rival is being fitted with new engines and enhanced navigation gear. The engines are  being  supplied  locally  and  will  be  fitted  by  the  crew,  with  assistance  from  other  local contractors. The agreed budget for this project is £150,000.

Both projects are financed by the Jersey Harbours Trading Fund.

10. DEPUTY  A.E.  JEUNE  OF ST.  BRELADE  OF  THE  MINISTER  FOR  HOUSING REGARDING THE NUMBER OF PEOPLE REGISTERED FOR SOCIAL RENTED HOUSING SINCE 2005:

Question

Would the Minister advise members of the number of persons who have registered for States owned social housing since 2005, indicating the number of years of residency of the principal householder, and would he also identify the number of those persons who remain on the waiting list?

Answer

The table below gives a breakdown of the number of new applications that were accepted onto the Waiting list from 2005 to date. It also shows the total number of applications that were active on the Waiting list at the close of each year.

Applications

Number of new applications in year

Applicants on the waiting list at year end

2005 2006 269 248 225 265

2007 2008 330 310 243 254

To October 2009

2010 396 252

309 446

Of those that have applied in each year, the following numbers remain on the Waiting List as at 7th October 2010:-

100% of those that applied in 2005 have been housed. There are no applicants from 2005 waiting for 2005

accommodation.

99.9% of those that applied in 2006 have been housed. There are 3 applicants from 2006 on the 2006 waiting list. All 3 have been made offers of accommodation which they have not accepted for a variety

of reasons.

97% of those that applied in 2007 have been housed. There are 10 applicants from 2007 on the waiting 2007 list. All but three of these have had offers of accommodation which they have not accepted for a variety

of reasons.

81.6% of those that applied in 2008 have been housed. There are 57 applicants from 2008 on the 2008 waiting list. 36 of these have been made offers of accommodation which they have not accepted for a

variety of reasons.

78.8% of those that applied in 2009 have been housed. There are 84 applicants from 2009 on the 2009

waiting list.

32.1% of those who applied this year have already been housed. There are 171 of this years applicants 2010

presently on the waiting list.

All applicants accepted onto the States Rental Waiting List must qualify to rent property under the 1949 Housing Law. The actual length of their residence in the Island is not material for their application for social housing and is therefore not recorded. Allocations for States rental accommodation are made on the basis of "need" as opposed to length of residence.

11. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE INTRODUCTION OF DOUBLE-DECKER' BUSES:

Question

Does the Minister intend to introduce double decker' buses on certain routes and, if so, when and to what extent?

Answer

A trial of a double decker bus, to improve passenger capacity and comfort, on the No. 15 route was completed by Connex in May 2010 and a report reviewing the findings of that trial has been prepared.

An integral part of the purpose of the trial was to compare all of the options for new vehicles available for use in Jersey, including their operational flexibility, journey times, the balance of frequency against capacity, capital and operational costs.

Therefore, by way of a comparison a similar trial has just been completed by Connex in September using a 10.77m long Enviro 200 single decker, which is a larger bus than those currently used in Jersey. This has greater operational flexibility than the Double Decker, as it can be used on more routes, but also has the potential to improve comfort and to a lesser degree capacity. Connex have just completed compiling a report detailing the findings of this trial.

I will be discussing the findings of this second report and considering the relative advantages of the two different vehicles with my officers and Connex over the next month. Then, in close consultation with TTS, a final procurement decision will be made by Connex as to which vehicles or mixture of vehicles they should procure to enter into service in 2011.

12. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE PUBLICATION OF ANNUAL TRANSPORT REPORTS:

Question

Does the Minister intend to resume publication of Annual Reports on the performance of the public transport contract?

Answer

The Department produced dedicated detailed performance reports on the bus service for the first two years of the Connex bus Contract, as there was particularly high and widespread interest in the service.

Since then strategic performance of the Bus Contact has been reported in the same way as all other Departmental business, in accordance with key performance measures prescribed in the States of Jersey Annual Business Plan. These have been published annually in the States of Jersey's Annual Business Report. Further information is publicly available in the JASS survey and Connex's annual activity report.

I believe continuing with this approach to reporting is appropriate at this time.

13. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR HEALTH AND SOCIAL SECURITY REGARDING MANAGERIAL REFORMS AT THE GENERAL HOSPITAL:

Question

What managerial reforms, if any, have been implemented in the General Hospital and allied services subsequent to the appointment of the Interim Hospital Director?

What have been the cost savings of these reforms? Answer

The new role of Hospital Director has provided a clear focus for all hospital matters and its creation was a key recommendation of the Verita Report.

Since the appointment of the Interim Managing Director in May I am happy to report that there has been a significant enhancement to the day-to-day leadership, governance and financial management and control in the Hospital.

He has created a clinical leadership structure that will result in clinicians being fully involved in decision making in the future and will put them in the majority on the new Hospital Board.

Clear leadership has put a renewed emphasis on patient safety, clinical standards and risk management in everything that is done in the Hospital and this is demonstrated by the creation of the powerful new Care Quality Group.

His revised management structure provides a clear scheme of delegation for budgets on clinical service lines and he has dispensed with the old divisions.

As a result of these managerial reforms, and the hard work and dedication of the staff, there has been the reduction over the last three months of the forecast budget overspend for hospital services to a forecast breakeven position. This new financial discipline will underpin the prudent use of the necessary investment still to be made.

14. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING CHANGES TO THE PURCHASEOF TRAVEL SERVICES FOR STATES EMPLOYEES AND MEMBERS:

Question

What changes, if any, are being proposed to the purchase of travel services for States employees and members? Is the Minister satisfied with the workings of the current contract and, if not, why not?

Answer

The Corporate Procurement Department is preparing to tender for a travel management company to manage the travel spend of approximately £2.5million per annum. The scope of services will cover all areas of corporate travel including the booking of flights, hotels, car hire, ticketing and will require the agent to provide advice and guidance relating to the appropriate routes and tickets, They will also be required to negotiate with travel providers for preferred rates for the States and ensure that a States Corporate Travel Policy is adhered to. Consideration will also be given to reducing the number of people able to book travel (approximately 500 across all departments

The current arrangement has introduced greater controls, rationalised the supply base, produced detailed management information and delivered savings in excess of £170K. The management information will be used to inform the tendering process enabling suppliers to bid with full understanding of our requirements. Having visibility of this information has altered behaviours: for example the level of Business Class travel has reduced and the average price of a room per night reduced.

Issues raised by Departments regarding the current contract include use of the on line booking tool, transaction fees and lack of advice, will be addressed as part of the competitive tendering process. In addition to a new contract with new service levels and commercial model, new procedures and processes will also be introduced to reduce the numbers of people involved.

15. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE VOLUNTARY REDUNDANCY TERMS FROM 1ST JANUARY 2011:

Question

Will the Chief Minister confirm that the initial terms of the Voluntary Redundancy (VR) agreement proposed by the States Employment Board to be put in place on 1st January 2011 are significantly reduced from the current agreement?

Will he further state why the representatives of States employees have been given only 3 weeks to respond to this major change to terms and conditions and why the terms are merely open to consultation and not to a full negotiation process?

Answer

I can confirm that the Voluntary Redundancy (VR) terms proposed from 1st January 2011 are significantly reduced from the current terms. The current terms are no longer affordable and are significantly in excess of redundancy terms offered in the local private sector, both for voluntary and compulsory redundancies.

The States Employment Board wants the new terms to be effective from January 2011. The SEB set policy and as such, the setting of VR terms have never been subject to negotiation with any pay group. Clearly there is a need to consult, which will take place over a three month period (not three weeks as the Deputy suggests) and the SEB will consider any representations made by the staff side representatives and unions in making their final decision.

16. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING FUNDING MECHANISMS FOR SOCIAL SECURITY: Question

Given that P.153/2009, approved by the Assembly on 18th November 2009, requested the Minister to report back as a matter of urgency, and in any case no later than September 2010, with the results of the research and recommendations relating to the future funding of Social Security supplementation, will the Minister inform members why his report is late and state when it will be delivered?

Answer

As I stated in the States Assembly during the last sitting, the future funding of supplementation is linked to the Fiscal Strategy Review. My department is working closely with Treasury and Resources and is fully involved in the budget proposals which will be lodged by 26th October 2010. In addition, I will be publishing shortly thereafter, a separate report setting out the challenges facing Social Security funding over the next few years. This report will include a response to P.153/2009.

17. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING FINANCIAL ASSISTANCE FOR HOUSEHOLDERS' MORTGAGE PAYMENTS:

Question

In the light of the increase in waiting list applications for social housing caused by homelessness and financial hardship, announced by the Minister for Housing on 28th September 2010, will the Minister state –

1. how many requests have been received by his Department from householders for assistance with mortgage payments and how many of these have been granted for the years 2008, 2009 and 2010 to date?
2. the terms under which assistance has been granted, and the total sums involved?
3. what measures, if any, he has under consideration and what funding he estimates may be required to deal with any increase in demand for assistance from the potential 400 public sector employees who may find themselves unemployed as a result of the £65million cuts programme over the period 2011 to 2013, and if none, why?

Answer

Three families have been granted assistance with mortgage payments since the inception of the Income Support scheme on 28th January 2008.

Assistance has been granted for discretionary payments under Article 8 (2) of the Income Support (Jersey) Law 2007. Because there are so few cases it would not be appropriate to provide any additional information.

Recent experience suggests that there has been little need to assist mortgage holders. A scheme specifically in respect of mortgage holders was drawn up in spring 2009 but was not implemented as it did not receive funding. I gave the commitment in the last sitting of the States Assembly that I would review the need for the scheme and I, together with the Housing Minister, will now do this.

18. THE DEPUTY OF ST. JOHN OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE NUMBER OF TAX ASSESSMENTS CHALLENGED BY THE COMPTROLLER OF INCOME TAX:

Question

Notwithstanding his answers to oral questions on tax avoidance on 28th September 2010, will the Minister now supply the figures requested for the numbers of tax assessments challenged by the Comptroller of Income Tax under the provisions of Article 134 of the Income Tax (Jersey) Law 1961, along with the tax recovered for the past 10 years?

Will he further confirm –

1. that all of these cases have concerned the conversion of revenue into capital;
2. that no cases have been brought under any ofthe 6 other categories oftax avoidance raised in my question;
3. whether "deferred taxation" for companies has a role in the Jersey taxation system, and if so, to what extent this has the result of reducing tax returns from companies?

Will he also state what the effective rate of taxation of Jersey companies was for finance and non finance companies in the 2008 assessment year and what the estimate of the effective rates for these sectors is for 2010?

Answer

The Comptroller can only provide details for the years 2004 to 2010 (to date) as 2004 was the first year detailed statistics were recorded. No records have been kept of actual tax recovered in each case.

Total number of tax assessments raised = 2,140

Amount of investments on which Article 134A has been applied = £170 million

1. All of these cases have concerned conversion of revenue into capital.
2. The provisions of Article 134A have been used in other cases but have not necessarily required the Comptroller to raise an income tax assessment to counteract the loss or reduction of tax. Professional tax advisors regularly approach the Comptroller for tax rulings and confirmations of the taxtreatment of, for example,new company structures, re-structuring or other tax planning schemes. The Comptroller does warn some tax advisors that he would regard the structure, re-structuring orother tax planning scheme as an avoidance transaction

on which he would invoke Article 134A and that would be sufficient for the advisor to seek an alternative tax planning scheme. This deterrent effect is unquantifiable. But it does exist and remains very important in deterring individuals from avoiding or reducing their liability to Jersey tax. The Comptroller does not keep a central data base of such tax rulings, all such rulings being kept in the individual file concerned once the ruling is made and the case settled. Such rulings may well have involved one or more of the categories that the Deputy has identified.

3. It is not absolutely clear what the Deputy means by "deferred taxation ". But if he means deferral' of tax under the deemed distribution regime for trading companies, deemed interim dividends are not assessed to tax on the Jersey shareholder until the end ofthe company's following financial period. Thismeansthatthe first full year when deemed interim dividends will be declared will be the year of assessment 2010. So very little data is available at this time to measure deemed interim dividends. However, the Comptroller is generally awarefrom professional tax advisors that many shareholders are withdrawing the majority, orall,of the profits out of the company. This appears to be for a number of reasons:

1. The shareholder has to withdraw the profits from the company as that is his only or main source of income.
2. The shareholder wishes to keep his tax affairs simple and avoid deemed interim dividends and in turn avoid increased compliance costs.
3. The shareholder does not wish to build up tax due on undistributed profits at some point in the future. He would rather keep up to date by paying the tax he owes on his company's profits year by year.

Effective rate of taxation of Jersey companies for finance and non finance companies in the 2008 year of assessment:

Finance companies and non finance companies – 19% - 20%

IBC (finance and non finance) – between 0.5% and 2% but 30% on non international activities, with a designer rate of more than 2% available for international activities. [Note that the IBC regime was removed and is no longer available to new companies. Those companies which currently benefit from this regime can only do so until 31 December 2011, as agreed with the EU Code Group. They will then revert to either finance or non-finance companies and therefore be subject to tax at the relevant rates applying to those companies.]

Estimate of the effective rates for these sectors for 2010.

Finance companies – 10%

Non finance companies – 0%

IBC - finance and non finance grandfathered' to 2011 - as above [Utility, property development and property rental companies – 20%. IBC companies – see note above]

19. THE DEPUTY OF ST. JOHN OF THE CHIEF MINISTER REGARDING ALLEGATIONS OF CORRUPTION:

Question

Following allegations made during a recent Magistrate's Court case by the Deputy of Grouville regarding corruption within the Planning and Housing Departments, will the Minister confirm whether he will be conducting an inquiry into this matter and, if so, will he agree to put a hold on the following until the results of the inquiry are known -

1. all work within his department relating to sites rezoned in 2008 to build accommodation for the over 55's, and not already developed?
2. rezoned sites in the process of early/final stage approval? If not will the Minister give reasons why?

Answer

I have asked the Chief Minister to look into these allegations and he has referred the matter to the Police. As such would be inappropriate for me to make any further comment.

(a) As to the sites that were rezoned in 2008 the position is as follows;

Maison St Brelade is a Parish elderly homes site. A planning application to extend the home was submitted on 19 September 2008 and approved 18 February 2009. (P/2008/2065)

Field 818, Trinity is a Parish life-long homes site. A planning application to develop 14 dwellings was submitted on 25 November 2008 and approved 18 February 2009. (P/2008/2471)

Fields 561 & 562 (Strathmore Nurseries) St Mary is a private developer site supported by Parish. A planning application to develop 33 dwellings was submitted 21 August 2009 and approved 12 November 2009. (P/2009/1600)

Field 274 (La Chasse Nurseries) St Clement is a private developer site supported by Parish, application to develop 42 dwellings submitted 23 December 2009 and approved 17 June 2010. (P/2009/2388)

Fields 516, 516A, 517 and 518, St Saviour is a private developer site supported by Parish, no application yet submitted.

Field 578, Trinity is a Parish first time buyer/elderly homes site, no application has yet been submitted.

In respect of the above sites either permission has been granted or there is no current application to consider.

There are two other sites that were rezoned in 2008 and both have decisions pending;

Field 605, St John is a private developer site supported by Parish. The application to develop 17 dwellings was submitted on 1 February 2010 and the decision is pending. (P/2010/0112)

Field 148, Grouville is a private developer site supported by Parish. The application to develop 20 dwellings was submitted on 2 February 2010 and the decision is pending. (P/ 2010/0126) Consideration of these sites is linked and that is why they currently remain to be finalised. They will be subject to a linked planning obligation agreement.

I have a duty to consider and determine applications in an appropriate and timely manner but in doing so must be mindful of all material considerations. It may be that the ongoing concerns represent issues that may form part of their consideration although at this stage I am not in a position to make that judgement.

As for other undeveloped sites which have been rezoned in the 2002 Island Plan, the site behind La Moye Garage, St Brelade already has planning permission (April 2008), and no application has been made for the zoned site in Rue du Haut, St Lawrence.

Any sites identified as part of the current Island Plan Review will not become zoned until the States Assembly has adopted the new Plan.

20. THE DEPUTY OF ST. JOHN OF THE CHIEF MINISTER REGARDING THE RECORDING OF MINISTERIAL DECISIONS:

Question

Given that at Council of Ministers meetings, there is an obligation for formal written minutes to be recorded by the States Greffe, which provides some transparency to the democratic process, can the Chief Minister advise what arrangements are in place to record decisions made by the Minister at or after a meeting with Assistant Ministers or senior Departmental staff under delegated powers?

Can the Chief Minister advise if politicians or suitably legally-privileged parties are permitted to have access to the records?

Answer

As meetings between Ministers, their Assistant Ministers or senior officers can often be informal in nature, there are no general arrangements in place to record decisions, although departments may have internal arrangements to record the issues and topics discussed or any actions arising.

However, it is important to note that there is a formal Ministerial Decision process in place for whenever the Minister (or Assistant Minister with delegated powers) makes a formal decision, which would be used to cover any key decisions made as part of an informal meeting.

Formal Ministerial decisions are recorded when Ministers (or Assistant Ministers with delegated powers) sign a standard Ministerial Decision template. The decision templates are backed up by supporting papers, which have been considered by the Minister before taking a decision, and include the reason(s) for a decision and any subsequent action(s) required. These Ministerial Decisions and supporting papers are uploaded onto the States website

(http://www.gov.je/GOVERNMENT/PLANNINGPERFORMANCE/Pages/MinisterialDecisions.aspx) and are thus available to the public, unless it is deemed to be confidential in accordance with the Code of Practice on Public Access to Official Information.

Clear, detailed and comprehensive guidelines for the recording of Ministerial decisions have been distributed to departments, training has been provided to officers dealing with such decisions and the guidelines are available on the States Intranet.

21. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING HIGHLANDS CARE HOME:

Question

Will the Minister –

1. confirm whether there was an inquiry into a complaint about Highlands Care Home by a former member of staff of the home, and, if so, when it was initiated and completed?
2. confirm whether the officer who carried out the inquiry and wrote the accompanying report has recently resigned from his post and accepted the position of Manager at the said care home and, if so, can she inform members when he gave notice of his resignation?

Will the Minister advise whether she is satisfied that there was no conflict of interest on the part of the officer who carried out the inquiry and that there was no risk of the report not being objective or impartial?

Given ongoing concerns, will the Minister consider undertaking a full independent inquiry into the home before any more individuals currently in the care of the public sector are moved to this facility?

Answer

1. I can confirm that an investigation ofthe home by the Health Protection Service was initiated following a complaint from a former member of staff on the 1st July 2010. The investigation plan was approvedby the head of service on the 2nd July 2010 ahead ofthe first formal interview which took place that day with the complainant and Deputy Tadier present.

The investigation of the complaint was completed on the 23rd July 2010 when the investigating officer from Health Protection met with the Adult Social Work Team. The first draft report from the investigating officer was presented to the Team Leader of Registration and Inspection on the 4th August 2010.

2. The officer who led the investigation and producedthe 1st draft report has indeed resigned from his post and will be taking up the vacant post as manager at the home. The service will be sorry to lose his extensive knowledge and expertise and his interpersonal skills which were exemplary, although a successor has been appointed in the last few days. The officer applied for the post at the care home on 26th July, was interviewed on 29th July and received written confirmation offering him the post on 5th August. He tendered his resignation the same day.

I am satisfied that the utmost probity has been undertaken by the officers of the Health Protection Service. In the course of the investigation, an interagency approach was used with evidence being presented directly by social workers and other allied professionals via the home's records. The investigation was not conducted solely by one officer. The head of the service has as part of overseeing the process ensured that the appropriate level of investigation has been undertaken, the process has ensured that the report and its findings have been scrutinised by the investigating officer's line managers as part of due diligence.

I am not aware of any ongoing concerns with regard to the matter and neither are my officers. If Deputy Tadier has evidence of ongoing concerns I would be grateful if he would ensure that all relevant evidence is provided to the head of the Health Protection Service without delay. Since the report and its findings have been released to the care home and the complainant, the care home has provided the Health Protection Service with its detailed plan to ensure compliance with the findings and my officers will be following up on those matters to ensure that they are appropriately completed.

In the light of the findings and the commitment to ensure proper process I do not consider in the circumstances that it is either expedient or appropriate for there to be yet another investigation. The home will continue to be inspected twice a year in accordance with statutory regulations.

22. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE RECESSION AND PUBLIC SECTOR CUTS: Question

Would the Minister explain to the Assembly the economic data that has convinced him that the economy has come out of recession and can withstand the public sector cuts he is proposing without going once again into recession, if implemented?

Answer

The Minister has never said that the economy has come out of recession'. Rather just that the latest forecasts from both the Economics Unit and the Fiscal Policy Panel point to moderate growth next year. The intention is still to be running a significant deficit in 2011 of about £50m and to use the Stabilisation Fund to support the economy in 2010 and 2011 (by funding deficits and discretionary fiscal stimulus). The deficit is only forecast to be closed by 2013 and the moderate fiscal tightening this implies will therefore be phased over the 3 year period, posing little risk to our economic prospects. This should also leave time for the local economy to improve. The Fiscal Policy Panel confirmed in their September interim report that "this projected path for medium-term fiscal tightening is broadly appropriate given the Panel's previous economic forecasts".

23. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE COLLATION OF FINANCE INDUSTRY DATA:

Question

Would the Chief Minister provide members with the data for the various sectors of the finance industry (such as banking, collective investment funds etc) gathered by the Statistics Unit to enable the performance of the industry, as measured in the 2009 Jersey GVA and GNI figures published in September, to be assessed?

Answer

Data compiled by the Statistics Unit through business surveys are collected from companies under assurances of strict confidentiality: information will only be used to produce aggregate numbers and will not be passed to any other States department or third party. These assurances apply to all data compiled by the Statistics Unit, whether commercial, personal or otherwise. Hence, the Statistics Unit will not provide non-aggregated data to Members.

The trend in 2009 for the various sub-sectors of Financial services, in terms of reported net profit, was published by the Statistics Unit on 30th June 2010. From that date the report "Survey of Financial Institutions – 2009" has been publicly available on the Statistics Unit website at: www.gov.je/statistics.

Should the Deputy or any States Member wish to discuss the methods used by the Statistics unit in producing statistical information on Jersey's finance industry, the Head Statistician would be more than happy to be contacted.

24. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR TRANSPORT AND  TECHNICAL  SERVICES  REGARDING  DAMAGE  CAUSED  BY WATER INGRESS AT THE NEW ENERGY FROM WASTE PLANT:

Question

Would the Minister confirm if the new incinerator was damaged by the ingress of water into the building caused during the deluge in August 2010 when one inch of rain fell in three hours? Would he also confirm that the cause of the ingress was that the roof of the building had not been finished at the time of the rainstorm and advise members the cost of the damage incurred?

Answer

I can confirm that following the high rainfall in August there has been no damage to the installed works as a consequence of any ingress of water. Whilst it is true that the roof of the building was still under construction during the August 2010 deluge, our contractors, CSBC Jersey Limited, have confirmed to us that all necessary measures have been taken to safe guard the installed works until such time as the building is completed.

I can confirm that we have not incurred any costs associated with damage due to the excessive rainfall in August 2010.

25. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE MONTHLY LENDING FIGURES:

Question

Given that the Minister undertook at the sitting on 13th September 2010, to circulate to members figures for bank lending in the Island for 2009 and 2010 for comparative purposes, will he now provide members with these figures and further undertake to produce monthly lending figures so that the performance of the banks, in assisting the Jersey economy recover from the recession, can be measured?

Answer

I agreed approximately 3 weeks ago to see whether local lending figures could be provided for circulation. I have liaised with the Financial Service Commission (JFSC) and can confirm that the Commission do receive quarterly figures showing the overall level of bank lending. These figures show that as at June this year, bank lending levels were only marginally below those achieved in 2007.

The JFSC states that this is a summary of the lending by Jersey banks to resident businesses and persons. No reliable breakdown is available below this level as the data is not considered to be robust for individual business classifications.

They also state that at summary level, the following caveats remain:

• The data does not cover all lending; unregulated lenders, including finance companies, credit card issuers and mortgage providers such as Jersey Home Loans are not captured, which are believed to be significant in the overall figures for borrowing in Jersey. The data also relates to the outstanding stock of loans. No data is captured on the extension of new lending or on repayments.
• The data on lending to businesses includes lending to finance companies, including funds, that are incorporated in Jersey. This lending represents the majority of lending to businesses in Jersey.
• As residence is a complicated issue, particularly where loans are extended to international companies, misclassifications may have occurred that lead to distortions even in the aggregated data.

Consequently, despite these caveats, the comparative evidence is that banks are still lending at levels  marginally  below  those  in  2007  and  above  that  in  2006.   This  is  unsurprising  when companies and individuals are currently risk averse and are in the main seeking to pay off debts rather than seek additional credit.

I do not think that it is appropriate to ask the JFSC to produce figures on a monthly basis in this area both due to the caveats that the JFSC have given and also because the overall trends show a reasonable level of lending in the circumstances. This supports the position stated by the banks that credit is available and that lending will be given for the right proposition.

26. THE DEPUTY OF ST. MARY OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE REDUCTION OF ROAD ACCIDENTS IN THE ISLAND:

Question

Given that approximately 32 Islanders are killed or seriously injured on Jersey's roads and that there also approximately 400 road accidents annually, and in view of the accident record for this year can the Minister inform members –

1. what work has been done to establish the causes of road accidents in Jersey?
2. who is responsible for conducting this analysis?
3. who is responsible for challenging, reviewing and acting upon these figures?
4. what action, if any, has been taken in the past to reduce road accidents by tacklingthe causes?
5. what action, if any, will be taken by the Minister to reduce road accidents by tacklingthe causes?

Answer

TTS as highway Authority for main roads uses data provided to it by the States of Jersey Police to identify and prioritise its road engineering and traffic management schemes such as traffic calming, visibility improvements, speed limits, skid resistant surfaces and road signage. High pedestrian injury rates in York Street/Charing Cross and Bath Street, to give two examples, have been addressed in recent years by traffic management schemes in those areas. However road engineering is only one aspect of road safety. Enforcement is a key issue and I am aware that the States police have used the data to identify where speed limit enforcement should be focused. The Road Safety Officer and Road Safety Panel also use the data to identify where work on education and awareness of road safety would be most beneficial.

Currently however, although there is communication at various levels between TTS, the Parishes, the States and honorary police, and the Road Safety Officer, I believe there is no recognised formal coordination to this process and it has in the past been unclear as to who is ultimately responsible. I have been charged by the States Strategic Plan to develop a Sustainable Transport Policy and bring it to the States for debate. I have done so and that policy is lodged for debate on November 16th. Road safety should be an integral part of a sustainable transport policy and I propose in the policy that TTS will form and lead a task group consisting of representatives of the States of Jersey and honorary Police, TTS including DVS, Health and Social Services and the Road Safety Officer. That group would meet regularly to use the police's road traffic collision data to analyse the cause of accidents, monitor trends and coordinate a prioritised and cost effective programme of road safety measures within available resources.

27. THE DEPUTY OF ST. MARY OF THE CHIEF MINISTER REGARDING INTERNATIONAL CONVENTIONS:

Question

Following the progress report on International Conventions and Agreements' (R.97/2010) presented on 12th July 2010, can the Chief Minister give summary details of and references to the following documents mentioned in that report -

• Convention on Biological Diversity (paragraph 1.4- periodic report 2009)
• International Covenant on Economic Social and Cultural Rights (paragraph 1.5 - further information February 2009)
• Convention on the Prevention of Marine Pollution by dumping of waste and other matter (paragraph 1.6 - report February 2009)
• Convention on the elimination of all forms of racial discrimination (paragraph 1.8 - report 6th October 2009)
• The Montreal Protocol 1997 and the first two Amendments (London 1990 and Copenhagen 1992-paragraph 2.4)

Could the Chief Minister give a reference to these documents and explain how and when they were extended to Jersey?

Answer

Reference copies of the international conventions listed are readily available on the United Nations Treaties Collection database (http://treaties.un.org) except for the Convention on the Prevention of Maritime Pollution, which is available on the website of the International Maritime Organisation (www.imo.org). Further information is provided below with regard to each of the listed Conventions.

Convention on Biological Diversity

The periodic report on the United Nations Convention on Biodiversity submitted by Jersey in 2009 was published in the United Kingdom's Fourth National Report to the United Nations on Biological Diversity, on page 126 (http://www.cbd.int/doc/world/gb/gb-nr-04-en.doc).

In summary, the report described:

• the state of biodiversity in Jersey;
• the status of preparation / implementation of the Jersey biodiversity strategy and action plan;
• work undertaken to bring biodiversity into the mainstream of work by other sectors;
• a statement with regard to the 2010 target to reduce the current rate of decline of biodiversity.

International Covenant on Economic Social and Cultural Rights

The periodic report on the International Covenant on Economic Social and Cultural Rights submitted by Jersey was published in an Annex to the United Kingdom's Fifth Report to the United Nations Committee on Economic Social and Cultural Rights, available on the website of the UN High Commissioner for Human Rights - http://www2.ohchr.org/english/bodies/cescr/cescrs42.htm

The report was also published on the States of Jersey website at -

http://archive.gov.je/StatesGreffe/MinisterialDecision/ChiefMinister/2007/International+Covenant +on+Economic.htm?DisplayReport=true

The report outlined:

• the general political structure of Jersey's government;
• the general legal framework within which human rights are protected;
• information and publicity concerning the Covenant on Economic, Social and Cultural Rights and the reports to the Committee;
• the legal status and specific implementation of the Covenant on Economic, Social and Cultural Rights;
• responses to the concluding observations of previous hearings.

Convention on the Prevention of Marine Pollution by dumping of waste and other matter

The 2009 report by Jersey, conveyed to the London Convention Secretariat by official correspondence, stated that no applications had been made during 2007 for the disposal of wastes to sea, that no disposal of dredged material had been licensed and to the best of knowledge none had taken place in Jersey waters.

Convention on the Elimination of All Forms of Racial Discrimination

The periodic report submitted by Jersey to the United Nations Committee on the Elimination of All Forms of Racial Discrimination was published on the States of Jersey website -

http://archive.gov.je/StatesGreffe/MinisterialDecision/ChiefMinister/2009/mdc20090079.htm The report outlined:

• progress on anti-discrimination legislation;
• discrimination awareness and training in employment;
• the role of the Jersey Community Relations Trust;
• data on the ethnic composition of Jersey's population.

Vienna Convention for the Protection of the Ozone Layer - Montreal Protocol 1997 and the first two Amendments (London 1990 and Copenhagen 1992)

Further details on the Montreal Protocol and its amendments are available on the website of the United Nations Environment Programme Ozone Secretariat -

http://www.unep.ch/ozone/Ratification_status/evolution_of_mp.shtml

A project is currently in progress to confirm exact details of extension of the ratification of all the International Conventions and Agreements which may be applicable to Jersey. It is believed there are some 400 or more Conventions which need to be researched, using evidence from records held in Jersey and those held by the United Kingdom Foreign and Commonwealth Office Treaties Section and the relevant depositary organisations. At present it is not possible to provide definitive information on the extension of the Conventions listed above.

4. Oral Questions

1. Senator F. du H. Le Gresley of the Minister for Home Affairs regarding youth justice:

Given the increase in the courts of vandalism by gangs of youths, what is the Minister doing to ensure the safety of members of the public and their property, and does he believe the police and the courts have sufficient powers to deal effectively with young offenders?

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

In recent years, at a time when youth offending levels have been decreasing, some of the press have chosen to give the impression that youth crime is a more serious problem than it is, particularly by rather overstated headlines, and that may have led to the question by the Senator. In the first 9 months of 2010, it is true that figures for malicious damage were up but, in fact, the numbers which are associated with youths were well down at 63 as opposed to 84 in the equivalent period in 2009. At the same time, the numbers of youths appearing before the Magistrates Court has been down. In the heyday, in terms of numbers, we were regularly up in the 400s in the period when I was Magistrate. This year we are heading for a figure below 300, which again confirms that figures for youth crime are down. My position since 2001 has been that the courts lacked an effective means of dealing with persistent offenders aged under 15, but that work is now in hand in relation to that because part of the Children's Plan will include a revised youth justice strategy. There is in existence, now being considered by Ministers, a very detailed plan of proposals in relation to changes and improvements to youth justice.

1. Senator F. du H. Le Gresley:

Can I ask the Minister what change in law is required  in order to achieve zero tolerance  in antisocial behaviour by minors under the age of 15?

Senator B.I. Le Marquand:

The concept of zero tolerance means different things to different people in different places. We are not talking about zero tolerance here, we are talking about an issue where there are always a small minority of persistent offenders who offend over and over again and historically the courts have not had sufficient powers to deal with those. I can see the Deputy of St. Martin is nodding at me because I know he brought a proposition in relation to this some years ago. In reality there are 2 ways of trying to tackle this, either by giving criminal courts some sort of sentencing option for those under 15 who are persistent, persistent offenders. Alternatively, there has to be some effective civil route by means of which those who have continued to offend in this way can be removed from society for a time for training and to work with them to seek to tackle their problems.

2. Deputy T.M. Pitman of St. Helier :

I am sure the Senator would agree, like me, that most young people are an absolute credit to themselves and to their parents. However, for serious and repeat offenders, does the Minister agree with me that perhaps it is pertinent to look again at the possibility of naming young offenders for repeat and very serious offences, and would it not be a good place to start by putting about £50,000 into the youth service budget that was just taken away recently by his colleague?

Senator B.I. Le Marquand:

The Deputy knows that I am not in favour of naming and shaming for a whole number of reasons, including that being contrary to the international convention on the rights of the child which this Assembly is committed to. I am not going to comment on the youth matters because that is simply not within my remit.

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

Having been responsible in part for putting in place the voluntary probation system back in the middle 1970s, are the centeniers carrying out this particular role where they can put young offenders on voluntary probation for 3 months or 6 months, working alongside the Probation Service, and, if so, is this still as effective as it was in keeping the numbers of young people out of the court?