States Meeting Transcript - 19/01/2010

STATES OF JERSEY OFFICIAL REPORT TUESDAY, 19th JANUARY 2010

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

1. Connétable J.M. Refault of St. Peter:....................................................9

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

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

1. DEPUTY P.V.F. LE CLAIRE OF ST. HELIER OF THE CHIEF

MINISTER REGARDING THE RATIFICATION OF THE EUROPEAN CONVENTION ON THE RIGHTS OF THE CHILD: ..................................9

2. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER

FOR HEALTH AND SOCIAL SERVICES REGARDING THE COST OF VOLUNTARY REDUNDANCY PROGRAMMES:...................................10

3. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER

FOR PLANNING AND ENVIRONMENT REGARDING CHANGES TO

THE PLANNING PROCESS:..........................................................10

4. DEPUTY P.V.F. LE CLAIRE OF ST. HELIER OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING INCREASES IN SEA LEVELS:..............................................................................11
5. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR

TREASURY AND RESOURCES REGARDING ARCHIVE SPACES

RENTED BY STATES DEPARTMENTS:............................................12

6. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR

HEALTH AND SOCIAL SERVICES REGARDING OPERATIONS

CARRIED OUT IN EACH CONSULTANCY DISCIPLINE AT THE

HOSPITAL FROM 2005 TO 2009:....................................................12

8. DEPUTY P.V.F. LE CLAIRE OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE COST OF

TELEPHONE SERVICES FOR THE TREASURY AND RESOURCES DEPARTMENT FOR EACH OF THE LAST 3 YEARS: ..............................22

9. DEPUTY P.V.F. LE CLAIRE OF ST. HELIER OF THE MINISTER FOR

HEALTH AND SOCIAL SERVICES REGARDING THE COST OF

TELEPHONE SERVICES AT THE HEALTH AND SOCIAL SERVICES DEPARTMENT FOR EACH OF THE LAST 3 YEARS: ..............................23

10. THE DEPUTY OF ST. JOHN OF THE MINISTER FOR PLANNING

AND ENVIRONMENT REGARDING THE RAMSAR SITES AROUND

THE ISLAND:.........................................................................24

11. DEPUTY T.A. VALLOIS OF ST. SAVIOUR OF THE MINISTER FOR

TREASURY AND RESOURCES REGARDING THE AMOUNT OF

FUNDS USED IN 2009 AS AUTOMATIC STABILISERS: ..........................26

12. DEPUTY T.A. VALLOIS OF ST. SAVIOUR OF THE MINISTER FOR

ECONOMIC DEVELOPMENT REGARDING THE TESTING OF

ECONOMIC GROWTH PLANS FOR SUSTAINABILITY:..........................27

13. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE CHIEF

MINISTER REGARDING SAVINGS TARGETS SET FOR THE

DEPUTY CHIEF EXECUTIVE IN 2009:..............................................28

14. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER

FOR HOUSING REGARDING APPLICATIONS FOR HOUSING QUALIFICATIONS: ..................................................................28

15. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR

TREASURY AND RESOURCES REGARDING A REVIEW OF THE

TAX CONTRIBUTIONS OF 1(1)(K) CATEGORY RESIDENTS: ....................32

16. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR

SOCIAL SECURITY REGARDING THE AVAILABILITY OF AN

ALTERNATIVE TO FAMILY ALLOWANCE UNDER THE NEW

INCOME SUPPORT SCHEME:.......................................................32

17. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR

SOCIAL SECURITY REGARDING THE IMPLEMENTATION OF THE EMPLOYMENT FORUM'S MINIMUM WAGE

RECOMMENDATIONS: ..............................................................33

18. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR

HOUSING REGARDING AVERAGE WAITING TIMES FOR NEW

APPLICANTS TO ACCESS HOUISNG: ..............................................34

19. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR

HEALTH AND SOCIAL SERVICES REGARDING THE PLANNED

USE OF THE WILLIAMSON FUNDING:............................................35

20. CONNÉTABLE S.A. CROWCROFT OF ST. HELIER OF THE

MINISTER FOR TRANSPORT AND TECHNICAL SERVICES

REGARDING PRIVATE HIRE CABS:................................................36

21. CONNETABLE S.A. CROWCROFT OF ST. HELIER OF THE

MINISTER FOR HOME AFFAIRS REGARDING THE CONCLUSION

OF THE WILTSHIRE POLICE INVESTIGATIONS INTO OPERATION RECTANGLE AND OPERATION BLAST: ..........................................37

22. THE DEPUTY OF ST. MARTIN OF THE MINISTER FOR HOME

AFFAIRS REGARDING THE SUSPENSION OF THE CHIEF OFFICER

OF THE STATES OF JERSEY POLICE:..............................................38

23. THE DEPUTY OF ST. MARTIN OF THE MINISTER FOR HOME

AFFAIRS REGARDING THE APPOINTMENT OF WILTSHIRE

CONSTABULARY TO INVESTIGATE OPERATION BLAST:......................39

24. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR

SOCIAL SECURITY REGARING UNEMPLOYMENT STATISTICS: ..............40

25. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR

HOUSING REGARDING HOUSING STATISTICS:..................................42

26. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR

SOCIAL SECURITY REGARDING INCOME SUPPORT CLAIMANTS:............46

27. THE DEPUTY OF ST. MARY OF THE MINISTER FOR PLANNING

AND ENVIRONMENT REGARDING ACCESS TO AN INDEPENDENT

REVIEW OF MARINE POLLUTION:................................................47

28. THE DEPUTY OF ST. MARY OF THE MINISTER FOR PLANNING

AND ENVIRONMENT REGARDING THE COLLECTION OF SEA

LEVEL DATA IN JERSEY:...........................................................48

29. THE DEPUTY OF ST. MARY OF THE MINISTER FOR EDUCATION,

SPORT AND CULTURE REGARDING PARENTING TRAINING AND SUPPORT:.............................................................................48

30. THE DEPUTY OF ST. MARY OF THE MINISTER FOR TRANSPORT

AND TECHNICAL SERVICES REGARDING ENERGY FROM WASTE

CLIENT TEAM' AND TECHNICAL ADVISER' COSTS:..........................49

31. THE DEPUTY OF ST. MARY OF THE MINISTER FOR EDUCATION,

SPORT AND CULTURE REGARDING THE FINANCIAL SUPPORT

OFFERED TO STUDENTS OF VOCATIONAL FURTHER

EDUCATION COURSES:.............................................................51

32. DEPUTY T.M. PITMAN OF ST. HELIER OF H.M. ATTORNEY

GENERAL REGARDING BREACHES OF ARTICLE 44 OF THE

STATES OF JERSEY LAW 2005: ....................................................51

33. DEPUTY T.M. PITMAN OF ST. HELIER OF THE CHAIRMAN OF

THE PRIVILEGES AND PROCEDURES COMMITTEE REGARDING

THE SUSPENSION OF THE CHIEF OFFICER OF THE STATES OF

JERSEY POLICE: .....................................................................52

34. DEPUTY T.M. PITMAN OF ST. HELIER OF THE MINISTER FOR

HOME AFFAIRS REGARDING THE SENTENCING OF

INDIVIDUALS CONVICTED OF IMPORTING DRUGS INTO THE

ISLAND: ..............................................................................53

35. DEPUTY T.M. PITMAN OF ST. HELIER OF THE MINISTER FOR

HOUSING REGARDING THE COMPLETION OF WORKS AT

WILLOW COURT: ....................................................................55

36. DEPUTY S. PITMAN OF ST. HELIER OF THE MINISTER FOR

ECONOMIC DEVELOPMENT REGARDING MONITORING THE

EFFECTS OF G.S.T: ..................................................................55

3. Oral Questions..........................................................................56

1. Deputy G.P. Southern of St. Helier of the Minister for Treasury and

Resources regarding the Chief Minister's commitment to inclusivity in

relation to the Fiscal Strategy Steering Group:..........................................56 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................56

1. Deputy G.P. Southern :..................................................................56
2. Deputy G.P. Southern :..................................................................57
3. Deputy M. Tadier of St. Brelade:.......................................................57
4. Deputy M. Tadier :......................................................................57
5. Deputy T.M. Pitman of St. Helier:......................................................57
6. Deputy G.P. Southern :..................................................................58

2. Deputy C.F. Labey of Grouville of the Chairman of the Privileges and

Procedures Committee regarding which Standing Order prohibited the

Committee's investigation of the suspension of the Chief Officer of the

States of Jersey Police:.................................................................58 Connétable J. Gallichan of St. Mary (Chairman of the Privileges and Procedures

Committee):............................................................................58

1. The Deputy of Grouville : ..............................................................59
2. Deputy S. Pitman of St. Helier : ........................................................59

3. Deputy D.J.A. Wimberley of St. Mary : ................................................59
4. The Deputy of St. Mary:................................................................60
5. Deputy T.M.Pitman:...................................................................60
6. Deputy F.J. Hill of St. Martin:..........................................................60
7. The Deputy of Grouville : ..............................................................60

3. Deputy P.J. Rondel of St. John of the Minister for Economic Development

regarding the closure of the national and local Teletext services:.......................61 Senator A.J.H. Maclean (The Minister for Economic Development):.........................61

1. The Deputy of St. John:................................................................61
2. The Deputy of St. John:................................................................61
3. Deputy K.C. Lewis of St. Saviour : .....................................................62

4. The Deputy of St. John:................................................................62

4. Deputy S. Pitman of the Minister for Housing regarding the cost of a

calendar sent to all States tenants:......................................................62 Deputy S. Power of St. Brelade (Assistant Minister for Housing - rapporteur):...............63

1. Deputy S. Pitman: ......................................................................63
2. The Deputy of St. John:................................................................63
3. Deputy S. Pitman: ......................................................................64

5. Deputy K.C. Lewis of the Minister for Health and Social Services

regarding the onward sale of unused Swine Flu vaccines:..............................64 Deputy A.E. Pryke of Trinity (The Minister for Health and Social Services): ................64

1. Deputy K.C. Lewis :....................................................................64
2. Deputy K.C. Lewis :....................................................................65

6. Deputy T.M. Pitman of the Chief Minister regarding the involvement of the

C.M.B. in discussions relating to the dismissal of the Minister for Health

and Social Services in July 2007: ......................................................65 Senator T.A. Le Sueur (The Chief Minister):.................................................65

1. Deputy T.M.Pitman:...................................................................65
2. Deputy T.M. Pitman:..................................................................66
3. The Deputy of St. Martin : ..............................................................66
4. Deputy M.R. Higgins of St. Helier : ....................................................66
5. Deputy S. Pitman: ......................................................................66
6. Connétable A.S. Crowcroft of St. Helier:...............................................67
7. The Deputy of St. Mary:................................................................67

8. Deputy T.M.Pitman:...................................................................67

7. Deputy R.G. Le Hérissier of St. Saviour of the Minister for Economic

Development regarding the total cost of the recently installed Airport

security fence:..........................................................................67 Senator P.F. Routier (Assistant Minister for Economic Development -

rapporteur):............................................................................67

1. Deputy R.G. Le Hérissier:..............................................................68
2. Deputy M.R.Higgins:..................................................................68
3. The Deputy of St. John:................................................................69
4. The Deputy of St. John:................................................................69
5. The Connétable of St. Peter:............................................................69
6. Senator A. Breckon:....................................................................70
7. Deputy R.G. Le Hérissier:..............................................................70
   8. Deputy T.A. Vallois of St. Saviour of the Minister for Economic

Development regarding the additional wireless telegraphy licence fee

income of £360,527:....................................................................70

Senator A.J.H. Maclean (The Minister for Economic Development):.........................70

1. Deputy T.A. Vallois:...................................................................70
2. The Deputy of St. Mary:................................................................71
3. Senator S.C. Ferguson:.................................................................71
4. Deputy T.A. Vallois:...................................................................71

9. Deputy M.R. Higgins of the Minister for Transport and Technical Services

regarding Bellozanne chimney temperature readings:..................................71 Connétable M.K. Jackson of St. Brelade (The Minister for Transport and

Technical Services):....................................................................72

1. Deputy M.R.Higgins:..................................................................72
2. Deputy G.P. Southern :..................................................................72
3. Deputy G.P. Southern :..................................................................73
4. Deputy J.A. Hilton of St. Helier : .......................................................73
5. Deputy A.K.F. Green of St. Helier : ....................................................73
6. Deputy J.B. Fox of St. Helier : ..........................................................74
7. Deputy M.R.Higgins:..................................................................74

10. The Deputy of St. Martin of the Chairman of the Privileges and Procedures

Committee regarding the Chairman's response to a letter dated 30th

October 2009 from the suspended Chief Officer of the States of Jersey

Police:..................................................................................74 The Connétable of St. Mary (Chairman of the Privileges and Procedures

Committee):............................................................................74

1. The Deputy of Grouville :............................................................75
2. The Deputy of St. Mary:............................................................75
3. The Deputy of St. Mary:............................................................75
4. Senator A. Breckon:.................................................................76
5. Senator A. Breckon:.................................................................76
6. Deputy T.M.Pitman:................................................................76
7. The Deputy of St. Martin:...........................................................77

8. The Deputy of St. Martin:...........................................................77

11. Senator S.C. Ferguson of the Minister for Health and Social Services

regarding the stockpile of H1N1 vaccine and Tamiflu:.................................77 Deputy E.J. Noel of St. Lawrence (Assistant Minister for Health and Social

Services - rapporteur):..................................................................77

1. Senator S.C. Ferguson: ..............................................................78
2. Deputy D.J. De Sousa of St. Helier:.................................................78
3. Senator J.L. Perchard:...............................................................78
4. Senator S.C. Ferguson: ..............................................................78

12. The Deputy of St. John of the Minister for Transport and Technical

Services regarding the Connex bus service provision in snow conditions:..............79 The Connétable of St. Brelade (The Minister for Transport and Technical

Services):..............................................................................79

1. The Deputy of St. John : .............................................................79
2. The Deputy of St. John : .............................................................80
3. The Deputy of Grouville :............................................................80
4. Senator J.L. Perchard:...............................................................80
5. The Deputy of St. John : .............................................................80

13. Deputy G.P. Southern of the Minister for Housing regarding the failure to

address concerns raised within the Whitehead Report Summary Document:............81 Deputy S. Power (Assistant Minister for Housing - rapporteur):..............................81

1. Deputy G.P. Southern :..............................................................81
2. Deputy G.P. Southern :..............................................................82
3. Deputy M. Tadier : ..................................................................82
4. Deputy G.P. Southern :..............................................................82

14. The Deputy of Grouville of the Minister for Treasury Resources regarding

the accountability of public expenditure:...............................................83 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................83

1. The Deputy of Grouville :............................................................83
2. Deputy M.R.Higgins:...............................................................84
3. The Deputy of Grouville :............................................................84

15. The Deputy of St. Mary of the Chief Minister regarding contingency

planning to deal with the issues raised on Senator Syvret's blog posting of

23rd December 2009:..................................................................84 Senator T.A. Le Sueur (The Chief Minister):.................................................84

1. The Deputy of St. Mary:............................................................85
2. Deputy M. Tadier : ..................................................................85
3. The Deputy of St. John : .............................................................85
4. The Deputy of St. Mary:............................................................85

16. Deputy S. Pitman of the Minister for Education, Sport and Culture

regarding the usage of the Youth Service: ..............................................86 Deputy A.K.F. Green (Assistant Minister for Education, Sport and Culture -

rapporteur):............................................................................86

1. Deputy S.Pitman:...................................................................86
2. Deputy M. Tadier : ..................................................................87
3. Deputy D.J. De Sousa:..............................................................87
4. Deputy J.M. Maçon of St. Saviour:..................................................87
5. Deputy S.Pitman:...................................................................87

17. The Deputy of St. Mary of the Minister for Planning and Environment

regarding alleged pollution incidents during construction of the incinerator

at La Collette:..........................................................................88 Senator F.E. Cohen (The Minister for Planning and Environment):..........................88 3.17.1 The Deputy of St. Mary:............................................................89

LUNCHEON ADJOURNMENT PROPOSED .................................................90

LUNCHEON ADJOURNMENT................................................................90

4. Questions to Ministers Without Notice - The Minister for Social Security............90

1. Deputy J.A. Hilton:....................................................................90 Deputy I.J. Gorst of St. Clement (The Minister for Social Security): .........................90

1. Deputy J.A. Hilton:....................................................................90
   2. Deputy S. Pitman: ......................................................................91

1. Deputy S. Pitman: ......................................................................91
2. Deputy S. Pitman: ......................................................................91
   3. The Connétable of St. Peter:............................................................92
   4. Senator A. Breckon:....................................................................92

4.4.1 Senator A. Breckon:....................................................................92

5. Deputy R.G. Le Hérissier:..............................................................92

4.5.1 Deputy R.G. Le Hérissier:..............................................................92

6. The Deputy of St. John:................................................................93

4.6.1 The Deputy of St. John:................................................................93

7. Deputy M. Tadier :......................................................................93
8. Connétable D.W. Mezbourian of St. Lawrence:........................................93
9. Deputy P.V.F. Le Claire of St. Helier:..................................................94

5. Questions to Ministers Without Notice - The Minister for Planning and

Environment ............................................................................94

1. Deputy J.A. Hilton:....................................................................94 Senator F.E. Cohen (The Minister for Planning and Environment):..........................95

1. Deputy J.A. Hilton:....................................................................95
   2. Deputy K.C. Lewis :....................................................................95

5.2.1 Deputy K.C. Lewis :....................................................................95

3. Deputy T.M.Pitman:...................................................................96
4. Deputy A.K.F. Green: ..................................................................96
5. Deputy P.V.F. Le Claire:...............................................................96
6. The Deputy of St. John:................................................................97
7. The Deputy of St. Mary:................................................................97

5.7.1 The Deputy of St. Mary:................................................................97

8. Senator A. Breckon:....................................................................97

5.8.1 Senator A. Breckon:....................................................................98

9. Deputy R.G. Le Hérissier:..............................................................98

5.9.1 Deputy R.G. Le Hérissier:..............................................................98

10. Senator J.L. Perchard: ..................................................................98

PUBLIC BUSINESS.............................................................................99

6. Draft Gambling (2010 Fees) (Jersey) Regulations 200- (P141/2009) ..................99

1. Senator A.J.H. Maclean (The Minister for Economic Development): ..................99

2. Draft Gambling (2010 Fees) (Jersey) Regulations 200- (P.141/2009):

amendment - Article 2 (P.141/2009 Amd.)............................................100

1. The Deputy of St. Martin : ............................................................100
2. Senator A.J.H. Maclean:..............................................................101
3. The Deputy of St. Martin : ............................................................101

3. Draft Gambling (2010 Fees) (Jersey) Regulations 200- Regulation 3 (P.141/2009)............................................................................109

6.3.1 Senator A.J.H. Maclean:..............................................................109

4. Draft Gambling (2010 Fees) (Jersey) Regulations 200- (P.141/2009):

second amendment (P.141/2009 Amd(2).).............................................110

1. Deputy E.J. Noel:.....................................................................111
2. The Deputy of St. John:...............................................................111
3. Senator A.J.H. Maclean:..............................................................111
4. The Deputy of St. Martin : ............................................................112
5. Deputy D.J. De Sousa: ................................................................112
6. Deputy A.E. Jeune of St. Brelade : ....................................................113
7. Deputy M. Tadier :....................................................................113
8. Deputy J.A.N. Le Fondré of St. Lawrence:............................................113
9. The Deputy of St. Mary:..............................................................114
10. Deputy I.J. Gorst :..................................................................114

11. Connétable L. Norman of St. Clement : ............................................115
12. Deputy E.J. Noel:..................................................................116

5. Draft Gambling (2010 Fees) (Jersey) Regulations 200- (P.141/2009):

amendment - Schedule (P.141/2009 Amd.)............................................119

1. The Deputy ofSt. Martin: ............................................................119
2. Senator P.F.C. Ozouf : ................................................................119
3. Senator A.J.H. Maclean:..............................................................120
4. The Deputy of St. John:...............................................................120
5. Deputy A.K.F. Green: ................................................................121
6. Deputy M. Tadier :....................................................................121
7. The Deputy of St. Martin : ............................................................122

6. Draft Gambling (2010 Fees) (Jersey) Regulations 200- (P141/2009) -

resumption .............................................................................125

7. Plémont Holiday Village: acquisition by the Public (P.144/2009)....................125

The Deputy of St. Mary:....................................................................126 7.1 Connétable K.P. Vibert of St. Ouen:..................................................126

1. Senator T.A. Le Sueur:................................................................129
2. The Deputy of St. John:...............................................................131
3. Deputy D.J. De Sousa: ................................................................133
4. Deputy J.B. Fox: ......................................................................133

5. Deputy J.A. Martin of St. Helier:......................................................134
6. Senator J.L. Perchard: ................................................................135
7. The Connétable of St. Helier:.........................................................135
8. Senator P.F.C. Ozouf : ................................................................136
9. Deputy K.C. Lewis :...................................................................137
10. The Deputy of St. Ouen:...........................................................137

ADJOURNMENT ..............................................................................139

[10:33]

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

APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS

The Bailiff :

I am able to inform Members of the resignation of the Connétable of St. Helier from the Public Accounts Committee.

1. Connétable J.M. Refault of St. Peter :

If I may on behalf of the members of the Public Accounts Committee and also its chairman, we would like to thank the Constable of St. Helier very much for the extensive work he has done in supporting the work of the Public Accounts Committee over the last year, and wish him well in the new position he has taken up in taking over the chair for the Millennium Town Park Implementation Group and the policing of St. Helier Policy Group and hope he will be very effective in both of those challenges.

The Bailiff :

Thank you, Connétable .

QUESTIONS

2. Written Questions

1. DEPUTY P.V.F. LE CLAIRE OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE RATIFICATIONOF THE EUROPEAN CONVENTION ON THE RIGHTS OF THE CHILD:

Question

As the U.K. signed the European Convention on the Rights of the Child on 19th April 1990, ratified it on 16th December 1991 and it came into force in the U.K. on 15th January 1992, what prevents Jersey ratifying this Convention and then moving to do everything it can to implement it, given that the Assembly agreed to do this in Priority 9 of the Strategic Plan?

Answer

The Convention on the Rights of the Child is a United Nations Convention.

Jersey cannot ratify international conventions in its own right – we must ask the United Kingdom to extend their ratification to us. Furthermore, it is an accepted principle that Jersey does not ask for ratification of any international convention to be extended until the Island is in a position to comply with the obligations arising.

At present, a detailed assessment is being carried out of Jersey's compliance with the United Nations Convention on the Rights of the Child, to identify the extent to which we are already compliant, the further legislative and practical measures that will be necessary and their resource implications. It will then be possible to develop an implementation plan with funding proposals to enable Jersey to progress towards compliance. Only then will it be possible to request extension of ratification.

2. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE COST OF VOLUNTARY REDUNDANCY PROGRAMMES:

Question

What sums of money, if any, have been expended in the last budgetary year to cover voluntary redundancies and similar programmes, and how many individuals  have been the subject of such programmes in the last year?

Answer

The Health and Social Services Department had one Voluntary Redundancy (VR) in 2009 at a cost of £116,000.

This followed the appropriate confidential procedure which included submission of application by the employee to the Chief Officer who assessed the cost of the VR package against the long term benefits of the loss of the post as an efficiency saving.

Once approved, the application together with a Business case was forwarded to the Pensions Manager who looked at the evidence and terms and advised the delegated Officer of the Chief Officer accordingly. The case was approved in this instance.

Similar programmes are the Voluntary Early Retirement policy and the Alternative Voluntary Retirement scheme. No employees left under the auspices of these programmes in 2009.

3. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING CHANGES TO THE PLANNING PROCESS:

Question

Does the Minister propose to remove time consuming matters such as Sign Applications from the full Planning process and, if so, when does he intend to implement such changes?

Answer

As I stated in a reply to a question raised by the Deputy in February last year, I consider it unwise to remove the requirement to obtain consent for signs and advertisements from the Planning and Building (Jersey) Law, 2002.

I said then that I consider that poor signage and advertisements have a damaging impact on our environment, and in the absence of any form of control, would proliferate throughout the Island. The regulation of large signs is clearly important, but so is control of small signs such as the homemade' signs that often appear at junctions and roadsides, and damage our countryside. I also acknowledged then that there is scope for further relaxation of the regulation of signs, and the Department is currently working on changes to the Planning and Building (Display of Advertisements) (Jersey) Order 2006.

In addition, the officers of the Planning and Environment Department are currently working on a raft of measures which will further increase the amount of development which can be carried out by property owners without making a planning application. This will involve changes to the Planning and Building (General Development) (Jersey) Order 2008 and the Planning and Building (Moveable Structures) (Jersey) Order 2006.

I will introduce all of these changes later this year.

4. DEPUTYP.V.F.LECLAIREOFST.HELIEROFTHEMINISTERFOR PLANNING AND ENVIRONMENT REGARDING INCREASES IN SEA LEVELS:

Question

Following the postponement of the networked British Irish Council/Hadley Centre sea level increase scenarios from November 2008 until April 2009, will the Minister now share the most up to date scenarios and findings and inform us how they compare to our own information at present?

Does the Minister believe that more emphasis needs to be placed on planning for these scenarios and their likely impacts?

Answer

The Deputy raises a very important issue with this question. Predicted rises in sea level and other effects of global climate change are key challenges for long term planning and adaptation. In order to address this issue, the Department will be bringing forward adaptation measures within a Climate Change Adaptation Strategy which will follow on from the agreement of the States Assembly on an Energy Policy. A draft Energy Policy White Paper is expected to be made available for consultation this quarter with the adaptation work beginning thereafter in 2010.

The most recent information was presented to an officer from the Jersey Met Service who met with Professor Jenkins from the UK Met Office Hadley Centre in May 2009. Professor Jenkins presented the UK Climate Impact Programme 2009 (UKCIP09) scenarios which contain the most likely climate predictions across the UK under different emissions scenarios. The PowerPoint presentation given by Professor Jenkins, when meeting with our officer has been forwarded to the Deputy (07/01/10) and can be made available to all members upon request.

With respect to sea level rise, a likely mean sea level rise by 2080 of approximately +45cm under the high emissions scenario is predicted. This is a more precise estimate than the previous range which was between 16-69cm for the same period (BIC 2003 report, high emissions scenario). The Island does not make independent projections of sea level rise instead relying on the expert scientific projections from UKCIP.

Although this information is not available in a report (for example an updated version of the British Irish Council Report of 2003) UKCIP09 have deliberately made it

available on their website1 in a downloadable format so that it can be used for scenario testing and forward planning. Locally this information is already being used for example, the recent initial work undertaken by the TTS Department in coastal defence planning.

1 http://ukclimateprojections.defra.gov.uk/

5. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING ARCHIVE SPACES RENTED BY STATES DEPARTMENTS:

Question

As the States are seeking value for money from all States Departments and Agencies such as the Law Officers and Viscount's Department, would the Minister provide the Assembly with the following information -

1. The amount ofarchivespacebeing rented each year by each States department and agency from the:

1. public sector; and
2. private sector;

2. the cost of this storage with each sector and the charges for the movement, maintenance and retrieval of this material for each  year starting  from the beginning of 2005 to the end of 2009?

Answer

It is not possible to produce the information within the timeframe required for this response. To produce the required answers would require significant resources to be applied which would as the Deputy can appreciate divert those officers compiling the information from what is a very busy and critical time of year.

I would of course welcome any suggestions the Deputy may have for savings to be made in this area.

6. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING OPERATIONS CARRIED OUT IN EACH CONSULTANCY DISCIPLINE AT THE HOSPITAL FROM 2005 TO 2009:

Question

1. For each medical discipline/specialism (for example: cardiology, neurology, orthopaedics etc) would the Minister advise the Assembly ofthe following information:

1. the number of consultants employed on a full time and parttime basis in each area
   2. the number of non-private health insurance people on waiting lists to see a consultant in each of these areas; and

(ii) the average time they are waiting to see the consultant

3. the number of private health insurance people on waiting lists to see a consultant in each of these areas; and

(ii) the average time they are waiting to see the consultant.

2. The total number of operations carried out in each discipline at the hospital during  the  last  five  years,  starting  on  1st January  2005  ending  on  31st December 2009 stating:

1. the  number  of private  and  non-private  operations  carried  out in  each discipline for each year;
2. the costof performing these operations in each area for each year for non- private health insurance patients and private health insurance patients.

3. The number, disciplines and costs of locums andagencynursingstaff employed by the hospital for each ofthe five years starting on 1st January 2005 ending on 31st December 2009.

Answer

For the purpose of clarity this question is answered in accordance with the subsections as  identified.  The  research  required  to  achieve  the  level  of  detail  given  in  this response was significant and challenging in relation to the time period available. (See below)

1(a) – Chart 1 shows the number of consultants in each speciality area. Chart 1

For 1(b)(i) and (ii) see Chart 2 which shows the total number of patients waiting to be seen for public consultation in out-patient clinics as at the 3rd January 2010 and also

the average waiting times for that speciality in weeks waiting.

The waiting times are calculated from the date of receipt of the referral at the hospital. Clinically urgent patients, as determined by the receiving consultant, are fast tracked through the system. (See next page)

Chart 2

1(c)(i) and (ii) Health and Social Services do not manage the lists of private patients waiting to see consultants as out-patients. These patients are seen in consultants' own private rooms from where the lists are managed

For Question 2(a), please refer to Chart 3 below. This shows activity relating to the number of public and private operations by speciality. It should be noted that a proportion of the private work is undertaken in dedicated private lists on Saturdays. Furthermore the number of operations performed is not directly comparable between columns i.e. some are short procedures whilst some are much longer and this chart cannot, therefore, be used for direct analysis purposes as it only represents patient numbers.

2(b) The level of detail required to answer this sub section is not currently available, it  would  take  approximately  5  months  to  develop  this  information.  Our  current practise is to use the UK Health Resource Group tariffs with uplift for Jersey, when this is required for individual patient costs. We plan to develop this area further after the implementation of the new IT system which goes live late 2010. (See next page)

Chart 3 :- Analysis of operations taken place in Endoscopy and Main and Day surgery theatres 2005-2009

17

In response to Question 3: Agency Nursing

In 2009 a total of 64 Registered Nurse Agency staff were used.

The table below provides data on the number of shifts covered by Registered Nurse Agency staff. Shifts covered lasted between 5hrs (minimum day shift) and 12 hours (maximum night shift).

A total of 34 Registered Nurse Agency staff were paid at a UK Band 6 pay rate (approx Jersey Grade 5)

A total of 30 were paid at a UK Band 5 pay rate (approx Jersey Grade 4)

The HSSD finance department calculation on Registered Nurse Agency cost for 1st Jan – 30th Sept 2009 was £560,788 providing a projected full year cost of £747,717.

The year on year spend for Registered Nurses, Health Care Assistant prior to 2009 was calculated as part of a total annual Agency, Bank and Overtime spend of approx £3.3 million.

Table 1. Agency Nursing Staff shifts covered

UK Agency  UK Agency  Local Agency

Registered  Nurse  Operating  Dept  Health  Care  Assistant (RN) Practitioner (ODP) (HCA)

Year Total  no  of  Total no of shifts/days Total no of shifts/days

shifts/days

2005 Accurate  data  not  Accurate data not available Accurate data not available

available

2006 65 – approx 23.3 days 2007 63 - approx 22 days 2008 116 approx 38.6 days 2009 290 approx 96.6 days

0

0

8 approx 2.6

35 approx 11.6 days

6 approx 2 days 11 approx 3.6 days 26 approx 8.6 days 24 approx 8 days

The increase number of Registered Nurse Agency used in 2009 reflect year long vacancy factor in areas such as Theatres, Critical Care, Older People Mental Health and mirrors UK trends of market competition due to global shortages.

Increasing number of Specialist Registered Nurse Agency staff were also required to back fill to release HSSD staff to up skill to support clinical areas such as Paediatrics and Critical Care in relation to the contingency planning for Pandemic Flu.

Locum doctors

The information relating to locum doctors is not readily available in the format requested. It is currently being compiled and will follow once it is available.

7. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF H.M. ATTORNEY GENERAL REGARDING THE NUMBER OF LEGALLY QUALIFIED STAFF EMPLOYED AT THE LAW OFFICERS' DEPARTMENT IN THE LAST 10 YEARS:

Question

Would H.M. Attorney General provide a graph showing, year by year, the growth in the number of legally qualified staff employed in the Law Officers' Department in the last ten years?

How many of the legally qualified staff recruited over the last ten years have, at some point, been Members of Chambers at 7 Bedford Row?

What payments have been made over each of the last 3 years to Counsel at Bedford Row and what percentage does this constitute of the total amounts paid for external legal advice over each of the last 3 years?

Would H.M. Attorney General provide a copy of the tendering document used for inviting applications to provide external legal advice?

What sums, if any, have been paid, over each of the last 3 years to legal firms based in Jersey for criminal prosecution and defense work and would H.M. Attorney General identify the firm in each year which received the highest payment?

Answer

In order to answer the parts of the question more easily we have numbered the paragraphs of the question.

1. The Department has taken the term legally qualified' to mean those staff having at least a law degree or a professional legal qualification in Jersey or in any other jurisdiction.

When civil servants move from one department to another, their personnel file moves with them. The Department has done its best to check the information in this graph but in a very few cases, it was not possible to verify the qualifications of some former members of staff.

Law Officers' Department

30

27

26

25 25

25

21

20

20 18 18

16 16

15 15

15 Legally Qualified Staff 10

5

0

Year (1st Jan)

2. Ofthe legally qualified staff recruited over the last ten years, three have at some point been members of 7 Bedford Row. At any one time, up to two members of staff have previously been members of 7 Bedford Row.
3. Payments made by the Law Officers' Department to counsel who are members of 7 Bedford Row over the last the three years and the percentages these payments constitute ofthetotal amounts paid for external legal advice are as follows:

Year Paid to Counsel at 7

Bedford Row

2007 £597,875 2008 £656,182 2009 £671,790

Percentage of Total for External Advice

29% 33% 27%

These payments were made by the Law Officers' Department during 2007, 2008 and 2009 to eleven barristers  at  7  Bedford  Row  who  worked  on  seven  separate  investigations  or prosecutions. As a result in part of the work done in those investigations or prosecutions some  £11,089,167  has  been  seized  and/or  confiscated  from  the  subjects  of  those investigations and prosecutions over the same period. None of these payments made by the Law Officers' Department related to the Historic Child Abuse Enquiry. In 2008, the Law Officers' Department made a single payment of £875 to leading counsel at 7 Bedford Row in respect of an advice relating to the Child Abuse Enquiry.

4. There is no tendering documentation. Selection of external lawyers to provide advice and assistance is made on the basis of choosing persons who are competent to advise in highly specialist relevant areas and who provide good value for money. We are advised that this is similar to the system used by the Crown Prosecution Service in the UK. 7 Bedford Row is a specialised criminal and common law chambers with considerable expertise in all areas ofthe criminal law. In addition, members of those chambers have gained over time substantial understanding ofthe Jersey legal system and the differences between the Island's legislation and practices and those of the UK, and as such have been found to offer clear, prompt and useful advice. Further, the Department uses and has used – though to a more limited extent than those at 7 Bedford Row - other chambers of barristers who are able to offer skills and experience appropriate to the needs ofthe Department in respect ofthe particular advice required, andisthereforeawareofthegeneral charges levied by barristers, and isabletosay that 7 Bedford Row provides good value for money.

Payments for external legal advice are made from the Court and Case Costs budget whose expenditure has been reviewed on a number of occasions, most recently by Moore Stephens in December 2009. Their final report is currently awaited.

An internal audit report of Court and Case Costs expenditure carried out by BDO Alto in February 2009 noted:

"Engagement of third parties as prescribed in Financial Direction 5.1 is frequent practice for the Law Officers' Department. Due to the nature of the cases, external expertise is often required and due to their urgency and confidentiality it is not possible to tender' for those engagements. Known, reliable third parties are used, being based on their experience of Jersey law and on recommendation. However, there is currently no process for documenting the reason for by-passing the tender stage as required by the financial direction."

BDO Alto recommended, and the Department has accepted, that:

"The CMP's (case management plans) will include a section documenting the decision making (including cost considerations) and approval of the appointment of third party service providers in line with the financial direction."

5. As the Historic Child Abuse investigation is separately funded, the Department has set out the figures relating to prosecutions other than in respect of the Historic Child Abuse investigation and given the figures for that investigation separately.

Total amounts paid to Jersey legal firms for prosecution work (other than in respect of the Historic Child Abuse investigation) during the last three years are as follows:

2007:£ 1,342,379 2008:£ 1,006,822 2009:£ 1,323,079

In 2007 the firm that received the highest level of fees was Baker Platt, and in 2008 and 2009 the firm that received the highest level of fees was Walker s.

In 2007 Baker Platt was dealing with the prosecution of Peter Michel and Simone Gallichan. In 2008 and 2009 Walker s was dealing with the prosecution of Curtis Warr en and others. The total payments will include payments for disbursements incurred by the Jersey Legal firms in addition to legal fees.

Amounts paid to Jersey firms in connection with the Historic Child Abuse investigation and prosecutions over the last three years were as follows:

2007: £NIL 2008: £925,122 2009: £1,046,430

In 2008 the firm receiving the highest level of fees was Baker Platt. In 2009 it was the only firm dealing with the prosecutions in this matter.

The above information is for payments made by the Law Officers' Department for prosecution and investigation costs only. The Law Officers' Department has no control over defence costs, the appointment of lawyers to represent persons accused of crimes or for the allocation of payment to those lawyers. The payment of defence costs is dealt with by the Judicial Greffe and the Law Officers' Department holds no records about it. In an effort to assist members, however, the following information on defence costs has been supplied by the Judicial Greffe to the Law Officers' Department to be included in this answer.

Amounts paid to Jersey firms for defence work in the last three years were as follows: 2007: £1,509,673

2008: £1,191,741

2009: £2,205,272

In 2007 the firm that received the highest level of fees was Vibert s and in 2008 and 2009 the firm that received the highest level of fees was Voisin & Co.

Members should note that, as for prosecution costs, disbursements are included in the figures for the sums paid to legal firms based in Jersey. In the context of criminal defence costs, the main category of disbursements would be payments to expert witnesses called on behalf of the defence and any specialist advice received from English counsel.

8. DEPUTY P.V.F. LE CLAIRE OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE COST OF TELEPHONE SERVICES FOR THE TREASURYAND RESOURCES DEPARTMENT FOR EACH OF THE LAST 3 YEARS:

Question

What was the cost of telephone services for the Treasury and Resources Department for each of the last 3 years in terms of -

1. Telephone Rental
2. Telephone Calls
3. Other services (Broadband/mobile rental charges etc)?

Answer

The Treasury and Resources Department is billed by Jersey Telecoms for telephone services, in respect  of  both  landlines  and  mobile  telephones,  and  by  Cable  &  Wireless  in  respect  of Blackberrys.

JD Edwards is configured to provide reports useful to the Department in managing and monitoring communication systems. Although the reports are not designed to give the information in the format requested in the question, the following year-on-year data is available:

Year Landline Calls Mobile

Rental/Calls

and

Other Services 2007 £14,873.00 £28,621.66 2008 £15,707.00 £24,201.36 2009 £14,105.00 £26,456.71

Total

£43,494.66 £39,908.36 £40,561.71

Charges for our external landline calls are generated by "Ringmaster" and this allows the States to recharge the Department internally for our calls. It should be noted that total savings in excess of £175,000 (States-wide) have been made since the introduction of the VOIP telephony system.

Mobile Rental/Calls and Other Services include JT mobile and Cable & Wireless Blackberry rental and calls, and ADSL and ISDN (Broadband) costs.

Please note that the 2009 costs are as per our accounting records as at 15th January, and are subject to final review/audit.

9. DEPUTY P.V.F. LE CLAIRE OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE COST OF TELEPHONE SERVICES AT THE HEALTH AND SOCIAL SERVICES DEPARTMENT FOR EACH OF THE LAST 3 YEARS:

Question

What was the cost of telephone services for the Health and Social Services Department for each of the last 3 years in terms of -

1. Telephone Rental
2. Telephone Calls
3. Other services (Broadband/mobile rental charges etc)?

Answer

Health and Social Services is billed by Jersey Telecoms for telephone services. A wide range of services additional to telephone calls and line rentals are commissioned from JT by the department, these include the provision of communication lines for the pager system, maintenance and purchase of IT software and hardware and cable laying. These purchases are coded on a central system called JD Edwards.

JD Edwards is configured to provide reports useful to the department in managing and monitoring communication systems. Although the reports are not designed to give the information in the format requested in the question, the following year on year data is available:

Year Usage  and  Landline Calls Mobile  usage  Total

Service and rental

2007 £261,502.11 £45,765.26 £12,164.68 £273,666.79 2008 £161,236.49 £108,894.19 £6,104.20 £167,340.69 2009 £111,648.75 £130,073.23 £4,952.72 £116,601.47

Usage and Services includes landline calls, line rental, ADSL and ISDN (Broadband) and this is taken from JT billing (JT billing does not separate monthly service charge from call usage charge)

Charges  for  our  internal  calls  are  generated  by  "Ringmaster"  and  this  allows  us  to  recharge internally for our calls.

10. THE  DEPUTY  OF ST.  JOHN  OF  THE  MINISTER  FOR  PLANNING  AND ENVIRONMENT REGARDING THE RAMSAR SITES AROUND THE ISLAND: Question

Would the Minister advise what management plans, if any, exist for each of the 4 Ramsar sites in Jersey (namely the South East Coast, Les Ecréhous and Les Dirouilles, Les Minquiers and Les Pierres  de  Lecq/Paternosters),  whether  the  plans  were  approved by  the  Department  for Environment, Food and Rural Affairs (Defra) and the Ramsar Secretariat and advise when these management plans were put into place.?

How much has been spent on the management of each site since each Ramsar Convention was put in place?

What funding is in place for any recurrent costs required to implement the Ramsar Conventions fully?

Are the management plans for these sites updated and shared with Defra and the Ramsar Secretariat and, if not, why not?

Answer

In 2002/3 in recognition of the fact that Jersey was not able to meet its obligations under the various  Multi-Lateral  Environmental  Agreements  within  current  resources,  the  Planning  and Environment  Department  undertook  a detailed  Resource Needs  Analysis of the  basic  funding required to address this situation. A bid for resources was subsequently submitted to the 2003 Fundamental Spending Review clearly setting out the consequences of not providing these funds. This bid was rejected by the States. Consequently, in the absence of additional resources progress on developing management plans for the Ramsar site has been slower than anyone would have liked.

The Integrated Coastal Zone Management Plan, adopted by the States of Jersey in October 2008, aims to meet not only our obligations under the Ramsar Convention, but also obligations under a raft of other marine-related Multi-Lateral Environmental agreements to which Jersey is a signatory.

The Strategy sets out a requirement to develop management plans for all of our Ramsar sites. In March 2009 a Marine and Coastal Officer was appointed to deliver the Integrated Coastal Zone Management Plan and, as such, has been given the specific task of developing Management Plans for each of Jersey's Ramsar sites.

The first management plan meeting with relevant stakeholders will occur in February 2010 and the Department hope to have all of the plans agreed by the end of 2010.

It should be stressed however, that despite extremely scant resources, since 2003 P&E has made considerable progress towards putting in place measures which will greatly speed up the development of such plans this year. These are listed chronologically below:

• In 2002 the South-East Coast Ramsar site and the Offshore Reefs (not designated until 2005) were included within The Jersey Island Plan 2002 as part of the Marine Protection Zone and given protection from development and harmful activities under Planning and Building (Jersey) Law.
• In 2003 a public information leaflet about Jersey's South-East Coast Ramsar site was published.
• In 2005 World Wetlands Week walk introduced 800 people to the South-East Coast Ramsar site and spread the message about the need for wise and sustainable use of the site. Educational walks supported by both Planning and Environment and Jersey Tourism have been occurring within the South East Coast Ramsar site since 1998.
• In 2005 Discovery Pier visitor centre was opened as a public information centre about the Ramsar sites. Sadly, due to funding pressures, this centre was closed at the end of 2009. However, the Department has adopted a more efficient approach to public outreach through ECO-ACTIVE, and specifically, through the introduction in 2008 of ECO-ACTIVE Marine, a dedicated programme designed to provide accurate advice to empower Islanders to make more environmentally conscious decisions on marine and coastal issues.
• In 2008, in response to concerns over the growing number of marine tour operators landing on the offshore reefs, P&E, in conjunction with Jersey Tourism, organised and part-funded a course designed to ensure the operators have an understanding of how to approach marine wildlife and how to minimise any disturbance to those animals. As a result, over 80% of known commercial marine tour operators in Jersey were trained and accredited under the internationally recognised WiSe (Wildlife Safe Operator) Scheme. All WiSe operators agree to abide by appropriate Codes of Conduct for the animals that they view, created to ensure that their operations are safe and sustainable. Another course has been organised in 2010.

• In 2008, following extensive consultation P&E also developed and launched the Jersey Marine Wildlife Watching Code. A summary leaflet was widely circulated, with the full version available on both www.gov.je and www.eco-active.je.
• In 2008, the process of developing the Les Ecrehous Management Plan was started with a workshop attended by over 70 stakeholders. This, together with the work of the Seabird Working Group, resulted in the establishment in 2009 of parts of Les Ecrehous as a Seabird Protection Zone.
• In 2009, the Planning and Environment Department and WEB jointly commissioned an ecological study of the South East Coast Ramsar site, which will form an important, up-to- date baseline for developing the Management Plan in 2010.
• In 2009, an Aquaculture Management Strategy was commissioned to provide a framework for the sustainable development of this industry. As the majority of the current industry resides within the boundaries of the South East Coast Ramsar site a strategy of this nature will be part of the overall Ramsar management plan

Defra and the Ramsar Secretariat

There is no requirement for either Defra or the Ramsar Secretariat to formally approve any Ramsar Management Plans. However, the Ramsar Secretariat has issued a raft of very useful guidelines, which will be followed in the course of developing Jersey's own Ramsar Management Plans. Defra and the Ramsar Secretariat will be included as stakeholders in the consultation process and the final plans will be sent to both organisations on their completion.

Funding

There is still no specific separate funding allocation for delivering the obligations under the Ramsar Convention, however the requirements within the Convention are included within the delivery of the Integrated Coastal Zone Management Plan and consequently administration of the sites comes from Environment Department funding.

11. DEPUTY T.A. VALLOIS OF ST. SAVIOUR OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE AMOUNT OF FUNDS USED IN 2009 AS AUTOMATIC STABILISERS:

Question

Could the Minister advise how much of the £112 million, set aside for automatic stabilisers, was used in 2009, which departments received monies and whether the Minister has a forecast of how much of these funds will be used during the first two quarters of 2010?

Answer

There is no intention for any of the £112 million set aside for automatic stabilisers to be used in 2009.

The 11(8) additional funds of up to £3,100,000 approved for Social Security in 2009 as a result of the economic downturn has currently drawn £2,411,000 from the Consolidated Fund.

The amounts forecasted to be required in 2010 and 2011 will not be allocated directly to departments; instead they have been allocated the cash limits they require to fulfil their objectives and the shortfall in the Consolidated Fund as a result of reduced tax revenues and increased income support costs will be covered by a transfer from the Stabilisation fund. The predicted requirement for 2010 is £37 million and in 2011 £68 million based on the forecasts prepared for the 2010 Budget.

12. DEPUTY T.A. VALLOIS OF ST. SAVIOUR OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE TESTING OF ECONOMIC GROWTH PLANS FOR SUSTAINABILITY:

Question

Could the Minister advise what work, if any, is currently being undertaken by the Economic Development Department in order to meet priority 2 of the Strategic plan 2009-2014 (maintain a strong, environmentally sustainable and diverse economy), and, in particular, to test economic growth plans for sustainability to ensure they do not diminish our natural capital?

Answer

Delivery of both Priority 1 and Priority 2 of the 2009-2014 Plan were the prime drivers of the Economic Development Department (EDD) 2010 budget and business plan. As such all EDD work is directed at meeting these Strategic Plan priorities.

The Department's budget and business planning process, which for 2010, had to reconcile demand of c.£20MM for a budget of c.£16MM, involves a scoring process in which the relative merits of all "bids" are evaluated. From 2008, budget, one of the criteria used in the process has been the "environmental impact and sustainability".

In delivering a sustainable economic future, the emphasis is on the further development of the financial services industry which, as a high productivity (measured by GVA/capita) sector, delivers economic advantage with minimum impact on the natural capital of the Island. In addition the objective of delivering genuine economic diversification, primarily being delivered by Jersey Enterprise, is also focussed on the development of sustainable high productivity sectors which will have the minimum impact on natural capital. Work on the Rural Economy is delivered by a fully integrated EDD and P&E team located at Howard Davis Farm.

In 2010, this work will be focussed on the development of a new Rural Economy Strategy with the objective of delivering sustained economic growth in a sustainable manner. Finally, EDD's tourism marketing and promotion activity places a very strong emphasis on the Island's wonderful natural environment.

Progress in achieving this objective, which is, in no small part a function of effective inter- departmental working is being guided by a Chief Officer level steering group, consisting of representatives from EDD, Chief Ministers (Economic Advisor) and Treasury departments, working in consultation with business representative bodies.

13. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE CHIEF MINISTER REGARDING SAVINGS TARGETS SET FOR THE DEPUTY CHIEF EXECUTIVE IN 2009:

Question

Could the Chief Minister outline the cost savings targets set for the Deputy Chief Executive and indicate to what extent they were met in 2009?

Answer

The Deputy Chief Executive did not have specific savings targets set for 2009. The Business Plan approved by the States for 2009 included £300k savings across the States as it was the last year of the five year change programme which began in 2005 and reduced cash limits by £20m. The Deputy Chief Executive is responsible for the Resources Sections which had contributed £6.167m of these total savings.

The Deputy Chief Executive has savings targets of £419k for 2010 and is committed to further reviews of office accommodation and terms and conditions of service which it is expected will contribute significantly in future years.

14. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR HOUSING REGARDING APPLICATIONS FOR HOUSING QUALIFICATIONS: Question

Could the Minister indicate the number of applications made for permission to enter the qualified housing market in Jersey, for persons not otherwise qualified, in each of the last three years?

How many of these were granted and on what grounds? Answer

The discretionary provisions of the Housing (General Provisions) (Jersey) Regulations 1970 are restricted to paragraphs (1)(1)(g), 1(1)(j) and 1(1)(k), statistics for each of which are outlined below.

In addition, other provisions of the Housing Regulations compel the Minister to grant consent subject to certain residence conditions being met. In this regard, statistics for non Jersey born persons approved as qualifying under paragraph 1(1)(f) are provided.

1. Granting consent under paragraph, 1(1)(g), hardship grounds

G applications 2007 – 2009 2009 2008 2007 2006 2005* Total Approvals 44 46 39 41 12 Refusals 35 43 2 50 9

*statistics for 2005 relate only to cases considered by Committee. Decisions taken under delegated powers are recorded against individual files and system entries only in 2005, and are not readily extracted and complied. The figures for 2006 – 2009 reflect all 1(1)(g) decisions whether taken by Minister or by Officers.

In order to grant 1(1)(g) consent the Minister should be satisfied that the hardship, other than financial, which would be caused to the purchaser, transferee, or lessee or to persons ordinarily resident in Jersey if not consent were not to be granted outweighs the fact that a person does not qualify under any other provision of the Law.

Of the 72 applications considered to end of October, 2009, they can be roughly broken down into the following categories:-

As a generality, to be approved a consent following a relationship breakdown the relationship would normally have lasted some considerable time or some other relevant circumstances should exist, e.g. needs of any children, domestic violence, medical grounds, etc; approval following a break in residence is granted with reference to length of previous residence, length of break and reason for the break; medical grounds depends on the severity of the condition and often the circumstances and needs of any children; granting consent following death of a partner is subject to length of relationship and circumstances. Clearly, a very wide range of circumstances can exist however, and each case is considered on its merits and with reference to precedent.

The above figures do not include:-

• Individuals who make telephone or e-mail enquiries where their circumstances are such that an application for early residential qualifications would have a remote chance of success and are not pursued, e.g. very low residence, no medical, no children;
• Individuals who fulfil the criteria (a)-(c) of the established Marriage Breakdown Policy, as in  these  instances,  consent  under  Regulation  1(1)  (g)  of  the  Housing  Regulations  is automatically granted.

A present few are granted consent automatically under the published marriage and relationship breakdown  policy  and  most  hardship  consents  are  wholly  discretionary.  The  marriage  and relationship breakdown policy is as follows:

Because  of  the  hardship  otherwise  caused  to  minor  children  of  a  marriage  or  common-law relationship if  consent  is  not  granted,  consent  is  granted  to  an  unqualified  spouse  or partner providing that:-

1. the unqualified spouse or partner has been married to, and/or living with, the qualified spouse or partner in the Island for at least the previous five years; and
2. the unqualified spouse or partner has been continuously ordinary resident in Jersey for at least the previous ten years; and
3. the unqualified spouse or partner has care and control of the child(ren) either by means of a legal separation or a Court Order. Any consent granted to occupy accommodation will be conditional upon the unqualified spouse in question continuing to have care and controlof the minor child(ren). In the case of a common-law relationship breakdown, no Court Order will be granted but care and control of any child of the relationship must still be with the applicant on a full time basis.

2. Granting consent under paragraph, 1(1)(j), essential employment

J applications 2005 – 2009 2009 2008 2007 2006 2005 Total Approvals 348 533 497 485 382

A 1(1)(j) housing consent will only be granted where it can be demonstrated that a person is essentially employed and housing consent can be justified in the "best interest of the community" given the duty of the Housing Minister to  "prevent further aggravation of the housing shortage". In particular, the following criteria will be relevant:

• The pressure to be placed on the Island's resources, in particular, its housing stock;
• The need to maintain a balanced and prosperous economy;
• The need to maintain a range of job and training opportunities for locally qualified persons and school leavers, including apprentices, those over normal working age, and people in supported and special employment schemes;
• The importance of the service rendered to locally qualified persons;
• The track record of the undertaking in terms of profitability, and its contribution to tax

revenues.

In addition, the Minister may also take into account any other general benefits which the Island may obtain, for example, in relation to past cultural, sporting, or charitable activities, or the potential effects for Jersey's reputation and interests, including the nature of any actual or potential media coverage.

In making decisions, business plans and financial details may be requested, as may evidence of investing in training locally qualified persons, and having made appropriate efforts to identify suitable local candidates. Applications will be processed more quickly if

this information is submitted. Reference will also be had to previous relevant decisions, in particular, those taken in relation to similar businesses. This will be done to ensure decisions are fair and consistent, and that businesses operate, as a general principle, on a level playing field with their competitors. In doing this, the Minister will nevertheless be mindful that each case presents its own unique range of facts and matters to consider.

The above is extracted from the published policy statement, and illustrate the grounds on which consent may be granted.

3. Granting consent under paragraph, 1(1)(k), social or economic grounds

K applications 2007 – 2009 2009 2008 2007 2006 2005 Total Approvals 8 12 12 9 9 Refusals 2 1 1 0 3

The following factors will be taken into account when applications are considered for a (k) consent

• The individual's contribution to tax revenues in accordance with Article 135A of the Income Tax Law
• The business/social background of the applicant and the associated benefit that could arise for Jersey as a result of the taking up of residence in the Island;
• Any other general benefits which the Island may obtain if the applicant takes up residence in the Island

Applicants will normally be required to demonstrate that they are able to generate sufficient income so that, at the present rate of tax, their annual contribution is at least £100,000. In some circumstances a lower contribution of tax might be acceptable if other particularly compelling economic benefits for the Island would be likely to result from the applicant taking up residence, but this is rare and no such consents have been issued in the last 4 years. As such, all consents in the period 2006 – 2009 have met the minimum tax criteria.

It should be noted the ability to generate the above minimum tax requirement will not necessarily on its own be sufficient to justify consent.

Other than tax contributions, aspects of an application that the Minister may take into account include:

1. voluntary work or business contribution to local community
2. any training or sporting initiatives particularly aimed at youth or educational organisations,
3. the nature of any actual or potential media coverage of any activities either by, or involving the applicant, both in his business or social life. This to include negative images relating to past business practice, and positive images such as sporting or educational achievements,
4. any cultural interests or skills that have benefited the local community which would be likely toof similar benefit to the Island
5. general lifestyle and family circumstances, including past charitable work and contributions
6. any clear undesirable factors in an applicants background, such as a criminal record.

As a result of the above considerations, it follows that the Minister will take into account any likely local impact that an applicant will have on taking up residence in Jersey.

In addition to the above, an applicant's intention to carry out further business activities in the Island will  be  taken  into  account,  with  particular  regard  to  future  local  employment,  training, diversification and any potential resultant increased tax revenues.