States Meeting Transcript - 19/07/2010

STATES OF JERSEY OFFICIAL REPORT MONDAY, 19th JULY 2010

PETITION ........................................................................................7

1. Deputy J.M. Maçon of St. Saviour will present a petition in relation to the replacement of the heating systems at Le Clos Gosset...................................7

1.1 Deputy J.M. Maçon:.....................................................................7

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

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

1. SENATOR F. du H. LE GRESLEY OF THE MINISTER FOR HOUSING REGARDING THE DELEGATION OF EVICTION POWERS:........................7
2. THE DEPUTY OF ST. JOHN OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING A FUTURE HARBOURS AND AIRPORT BOARD:8

2.4 THE DEPUTY OF GROUVILLE OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE SCULPTURE WHICH WAS FORMERLY IN THE AIRPORT DEPARTURES HALL:................................................9

6. THE DEPUTY OF GROUVILLE OF THE MINISTER FOR HOUSING REGARDING HOUSING QUALIFICATIONS FOR PRISONERS: ..................................10
7. THE DEPUTY OF ST. MARY OF THE CHIEF MINISTER REGARDING THE ENCOURAGEMENT OF COMMUNITY AND VOLUNTARY SERVICES AS PART OF THE STRATEGIC PLAN: .........................................................11
8. THE DEPUTY OF ST. MARY OF THE CHIEF MINISTER REGARDING THE PUBLICATION OF SALARIES AND ORGANISATIONAL CHARTS FOR ALL STATES DEPARTMENTS:............................................................12
9. THE DEPUTY OF ST. MARY OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE LATEST RESEARCH ON PEAK OIL: .......12
10. THE DEPUTY OF ST. MARY OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING REDUCTIONS IN EXPENDITURE:...................13
11. THE DEPUTY OF ST. MARY OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE MAINTENANCE OF ISLAND ROADS:................................................................................16
12. DEPUTY M. TADIER OF ST. BRELADE OF THE CHAIRMAN OF THE COMITÉ DES CONNÉTABLES REGARDING COMPLAINTS AGAINST THE HONORARY POLICE: ...............................................................................17
13. DEPUTY M. TADIER OF ST. BRELADE OF THE CHAIRMAN OF THE PRIVILEGES AND PROCEDURES COMMITTEE REGARDING POLICE REPRESENTATION IN NATIONAL ASSEMBLIES:................................20
14. DEPUTY M. TADIER OF ST. BRELADE OF THE CHAIRMAN OF THE PRIVILEGES AND PROCEDURES COMMITTEE REGARDING POLLING STATION OPENING HOURS:........................................................21

15. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE REMAINING CREDITORS OF WOOLWORTHS PLC:................................................................21
16. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING VODKA PRODUCTION IN THE ISLAND:........22
17. THE DEPUTY OF ST. JOHN OF THE MINISTER FOR HOME AFFAIRS REGARDING THE INSTIGATION OF OPERATION BLAST: ......................23
18. THE DEPUTY OF ST. JOHN OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE ST. HELIER MARINA:.......................23
19. DEPUTY T.M. PITMAN OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE SUSPENSION PROCESS IN RELATION TO THE RETIRING CHIEF OFFICER OF THE STATES OF JERSEY POLICE:..............................................24
20. DEPUTY T.M. PITMAN OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING THE RIGHT OF REPLY FOR THE RETIRING CHIEF OFFICER OF THE STATES OF JERSEY POLICE: ..................................................25
21. DEPUTY T. PITMAN OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING ANTI-SOCIAL BEHAVIOUR AT THE ALBERT QUAY:.................................................................................25
22. DEPUTY T.A. VALLOIS OF ST. SAVOUR OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING INCOME RECEIVED AS A RESULT OF THE 2006 FISCAL STRATEGY REVIEW:.................................................26
23. DEPUTY T.A. VALLOIS OF ST. SAVOUR OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING SUSTAINABLE ECONOMIC GROWTH: .........27
24. DEPUTY T.A. VALLOIS OF ST. SAVOUR OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING PRIORITY 4 OF THE STRATEGIC PLAN 2009 TO 2014:...............................................................................27
25. DEPUTY R.G. LE HERISSIER OF ST. SAVIOUR OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE COST OF THE INTERIM HOSPITAL DIRECTOR:..............................................................28

3. Oral Questions...........................................................................28

1. Deputy J.A. Martin of St. Helier of the Minister for Planning and Environment regarding the delivery of up to 2,500 new homes on the St. Helier Waterfront and within the town of St. Helier:............................................................................28 Senator F.E. Cohen (The Minister for Planning and Environment):...........................28

1. Deputy J.A. Martin:....................................................................28
2. Deputy J.A. Martin:....................................................................29
3. Deputy P.V.F. Le Claire of St. Helier : ..................................................29

2. Connétable A.S. Crowcroft of St. Helier of the Minister for Planning and Environment regarding the future of the Le Seelleur building in Oxford Road in the context of the revised North of Town Masterplan: ....................................................29 Senator F.E. Cohen (The Minister for Planning and Environment):...........................29

3.2.1 The Connétable of St. Helier:...........................................................30

3. Senator S.C. Ferguson of the Minister for Treasury and Resources regarding the publication of the accounts of all organisations which received public grants:..........30 Deputy E.J. Noel of St. Lawrence (Assistant Minister for Treasury and Resources - rapporteur) .........................................................................................30

1. Senator S.C. Ferguson:.................................................................30
2. Deputy P.V.F. Le Claire: ...............................................................31
3. Deputy P.V.F. Le Claire: ...............................................................31
4. Deputy J.A. Martin:....................................................................31

4. Senator F.duH. Le Gresley of the Minister for Treasury and Resources regarding the options contained within the Fiscal Strategy Review Green Paper in relation to personal taxation: ................................................................................31 Deputy E.J. Noel (Assistant Minister for Treasury and Resources - rapportuer):..............31

1. Senator F.duH. Le Gresley:.............................................................32
2. Deputy D.J. De Sousa of St. Helier:....................................................32
3. Deputy T.M. Pitman of St. Helier:......................................................32
4. Senator S.C. Ferguson:.................................................................32
5. Deputy G.P. Southern of St. Helier:....................................................32
6. Deputy M. Tadier of St. Brelade:.......................................................32
7. Deputy M. Tadier :......................................................................33
8. Deputy G.P. Southern :..................................................................33

9. Deputy M. Tadier :......................................................................33
10. Senator S.C. Ferguson:..............................................................33
11. Senator F.duH. Le Gresley:..........................................................34

5. Deputy T.M. Pitman of the Minister for Treasury and Resources regarding the cost of the interim Treasurer of the States:.........................................................34 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................34

1. Deputy T.M.Pitman:...................................................................34
2. Deputy P.J. Rondel of St. John : ........................................................34
3. The Deputy of St. John:................................................................35
4. Deputy R.G. Le Hérissier of St. Saviour:...............................................35
5. Deputy D.W. Mezbourian of St. Lawrence : ............................................35
6. Deputy T.M.Pitman:...................................................................36
7. Deputy T.M.Pitman:...................................................................36

6. Deputy G.P. Southern of the Minister for Treasury and Resources regarding targets for additional tax revenues from personal taxation: ........................................37 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................37

1. Deputy G.P. Southern :..................................................................37
2. The Deputy of St. John:................................................................37
3. Senator S.C. Ferguson:.................................................................38
4. Deputy A.E. Jeune of St. Brelade:......................................................38
5. Senator A. Breckon: ....................................................................39
6. Deputy M. Tadier :......................................................................39
7. Deputy G.P. Southern :..................................................................39

7. Deputy D.J. De Sousa of the Minister for Treasury and Resources regarding the Criminal Offences Confiscation Fund: ...........................................................40 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................40

1. Deputy D.J. De Sousa:..................................................................40
2. The Deputy of St. John:................................................................41
3. The Deputy of St. John:................................................................41
4. Connétable D.J. Murphy of Grouville :..................................................41
5. Deputy D.J.A. Wimberley of St. Mary:.................................................42
6. Deputy D.J. De Sousa:..................................................................42

8. Deputy M.R. Higgins of St. Helier of the Chief Minister regarding the allocation of a 1(1)(j) category licence application in respect of the wife of the former Chief Executive of the Health and Social Services Department:..........................................42 Senator T.A. Le Sueur (The Chief Minister):.................................................42

1. Deputy M.R.Higgins:..................................................................43
2. The Deputy of St. John:................................................................43
3. Deputy F.J. Hill of St. Martin : ..........................................................43
4. Deputy J.A. Martin:....................................................................44

5. Deputy M.R.Higgins:..................................................................44

9. Deputy R.G. Le Hérissier of the Chairman of the Comité des Connétable s regarding the cost of Heavy Goods Vehicle licences: .................................................44 Connétable K.P. Vibert of St. Ouen (Chairman, Comité des Connétable s):...................44

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

10. The Deputy of St. John of the Minister for Home Affairs regarding when copies of the Wiltshire Police Report were issued to the media:......................................45 Senator B.I. Le Marquand (The Minister for Home Affairs): .................................45

1. The Deputy of St. John:..............................................................45
2. Deputy M. Tadier :...................................................................46
3. Deputy M. Tadier :...................................................................46
4. The Deputy of St. Mary:.............................................................46
5. The Deputy of St. Mary:.............................................................47
6. Deputy T.M.Pitman:................................................................47

11. The Deputy of St. Martin of H.M. Attorney General regarding the employment of legal staff from outside the Island to prosecute minor cases in the Magistrate's Court:.......47 Mr. T.J. Le Cocq QC., H.M. Attorney General: ..............................................47

1. The Deputy of St. Martin : ...........................................................48
2. The Deputy of St. John:..............................................................48
3. The Deputy of St. John:..............................................................48

12. Deputy M. Tadier of the Minister for Home Affairs regarding the Comprehensive Spending Review cuts across all departments: ..........................................48 Senator B.I. Le Marquand (The Minister for Home Affairs): .................................49

1. Deputy M. Tadier :...................................................................49
2. The Deputy of St. Mary:.............................................................49
3. Deputy M. Tadier :...................................................................50
4. Deputy M. Tadier :...................................................................50

13. The Deputy of St. Mary of the Minister for Transport and Technical Services regarding community involvement and buy-in to the new Town Park:............................50 Connétable M.K. Jackson of St. Brelade (The Minister for Transport and Technical Services): .........................................................................................50

3.13.1 The Deputy of St. Mary:.............................................................51

14. Deputy R.G. Le Hérissier of the Chief Minister regarding reforms to the disciplinary process for public employees:..........................................................51 Senator T.A. Le Sueur (The Chief Minister):.................................................51

1. Deputy R.G. Le Hérissier:...........................................................51
2. Deputy T.M.Pitman:................................................................51
3. Deputy A.E. Jeune : ..................................................................52
4. The Deputy of St. John:..............................................................52
5. The Deputy of St. Martin : ...........................................................52
6. Deputy R.G. Le Hérissier:...........................................................53

15. Senator F.duH. Le Gresley of the Minister for Home Affairs regarding the publication of extracts from the Wiltshire Police Report:..............................................53 Senator B.I. Le Marquand (The Minister for Home Affairs): .................................53

1. Senator F.duH. Le Gresley:..........................................................53
2. The Deputy of St. Mary:.............................................................54
3. The Deputy of St. Mary:.............................................................54
4. Deputy T.M.Pitman:................................................................54
5. Deputy C.F. Labey of Grouville :....................................................55
6. Senator F.duH. Le Gresley:..........................................................55

16. Deputy T.M. Pitman of the Minister for Home Affairs regarding his responsibility for the suspension investigation for the Chief Officer of the States of Jersey Police: ...........56 Senator B.I. Le Marquand (The Minister for Home Affairs): .................................56

1. Deputy T.M.Pitman:................................................................56
2. Deputy T.M.Pitman:................................................................57

17. Deputy M. Tadier of the Minister for Treasury and Resources regarding the 20 per cent tax rate: ................................................................................57 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................57

1. Deputy M. Tadier :...................................................................57
2. Deputy T.M.Pitman:................................................................58
3. The Deputy of St. Mary:.............................................................58
4. Deputy G.P. Southern : ..............................................................59
5. Senator S.C. Ferguson:..............................................................59
6. Deputy M. Tadier :...................................................................59

18. The Deputy of St. Martin of the Minister for Home Affairs regarding the establishment of on Independent Custody Visitor Scheme for Jersey: .................................60 Senator B.I. Le Marquand (The Minister for Home Affairs): .................................60

1. The Deputy of St. Martin : ...........................................................60
2. Deputy M. Tadier :...................................................................60
3. Deputy M. Tadier :...................................................................60

19. Deputy G.P. Southern of the Minister for Treasury and Resources regarding the potential impact of the 30 per cent rate on incomes over £100,000 applied applied to individuals or households:.............................................................................61 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................61

1. Deputy G.P. Southern : ..............................................................61
2. Deputy G.P. Southern : ..............................................................61

4. Questions to Ministers Without Notice - The Minister for Home Affairs..............61

1. Senator S.C. Ferguson:.................................................................62 Senator B.I. Le Marquand (The Minister for Home Affairs): .................................62

1. Senator S.C. Ferguson:.................................................................62
   2. Deputy K.C. Lewis of St. Saviour:......................................................62
   3. Deputy A.E. Jeune :.....................................................................63
   4. Deputy T.M.Pitman:...................................................................63
   5. Deputy J.M. Maçon:....................................................................64
   6. The Deputy of St. Mary:................................................................65

4.6.1 The Deputy of St. Mary:................................................................65

7. The Deputy of St. Martin:..............................................................65

5. Questions to Ministers Without Notice - The Chief Minister..........................66

1. Deputy P.V.F. Le Claire: ...............................................................66 Senator T.A. Le Sueur (The Chief Minister):.................................................66
2. Deputy G.P. Southern :..................................................................66

5.2.1 Deputy G.P. Southern :..................................................................66

3. The Deputy of St. John:................................................................66

5.3.1 The Deputy of St. John:................................................................67

4. Deputy J.M. Maçon:....................................................................67
5. The Deputy of St. Mary:................................................................67

5.5.1 The Deputy of St. Mary:................................................................68

6. Deputy M. Tadier :......................................................................68
7. Deputy C.H. Egré of St. Peter:..........................................................68
8. Deputy M. Tadier :......................................................................69

9. Senator B.E. Shenton:..................................................................69

STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY........................70

6. Statement by the Minister for Home Affairs regarding the Acting Chief Officer of the States of Jersey Police ...................................................................70

6.1 Senator B.I. Le Marquand (The Minister for Home Affairs): ...........................70

1. Deputy J.B. Fox of St. Helier:..........................................................71
2. The Deputy of St. John:................................................................71
3. Senator B.E. Shenton:..................................................................72
4. Deputy T.M.Pitman:...................................................................72
5. Deputy A.E. Jeune :.....................................................................72
6. The Connétable of St. Lawrence:.......................................................73

7. Statement by the Minister for Treasury and Resources regarding the resignation of Treasurer of the States..................................................................73

7.1 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):......................73

1. The Deputy of St. John:................................................................74
2. The Deputy of St. Mary:................................................................74
3. Deputy M. Tadier :......................................................................75
4. Connétable L. Norman of St. Clement:.................................................75
5. Deputy P.V.F. Le Claire: ...............................................................76
6. Deputy M. Tadier :......................................................................76
7. Senator T.J. Le Main: ..................................................................76

ADJOURNMENT................................................................................77

[14:30]

The Roll was called and the Greffier of the States led the Assembly in Prayer.

PETITION

1. Deputy J.M.Maçon of St. Saviour will present a petition in relation to the replacement of the heating systems at Le Clos Gosset

1.1 Deputy J.M. Maçon:

If I may very quickly, I present this petition to the States Assembly on behalf of the elderly residents of the maisonettes of Le Clos Gosset. I am sure that the Minister for Housing will give the petition due consideration and take the opportunity to meet with the residents to fully understand their concerns. Members will also note the accompanying proposition on their desk for them to digest over the summer.

The Deputy Bailiff :

Greffier, do you have a copy of the proposition? I understand, Deputy Maçon, the proposition is in the course of arriving but it has not yet arrived. I was just confirming that Standing Orders have been complied with.

Deputy J.M. Maçon:

I am most grateful, Sir.

QUESTIONS

2. Written Questions

1. SENATOR F. du H. LE GRESLEY OF THE MINISTER FOR HOUSING REGARDING THE DELEGATION OF EVICTION POWERS:

Question

Would the Minister advise why he has chosen to delegate to his Chief Officer the power to agree to the eviction of States tenants due to rent arrears or other breaches of the tenancy agreement?

Will the Minister give exact details of how many tenants currently have rent arrears and the total amount of rent arrears outstanding?

Can the Minister advise whether his Department is on course to achieving the 2010 Business Plan target of reducing the percentage of rent arrears to 1.6 percent of gross rental income and, if not, whether he intends to use the power of eviction more frequently in the future or whether, in the current economic climate, he will exercise a more sympathetic stance?

Answer

I have chosen to delegate certain functions to my Chief Officer to ensure that the efficient operation of key areas of the business are not delayed due to myself or my Assistant Minister being unavailable. Those delegated powers will seldom be exercised and where they are will be within the policies and guidelines already in place which ensure that eviction is an absolute last resort in the enforcement of the tenancy agreement. In the last 12 months the department has only pursued two evictions for rental arrears and in each case the tenant had failed to engage and address their rental obligations. The current arrears policy has been developed in partnership with the Tenants Forum and is therefore supported by those it serves.

In the States Business Plan for 2010, submissions for which were made in May 2009, the department set out that it would aim to achieve a rental arrears reduction to 1.6% against gross rental income and charges before the close of 2010. Reference to the departmental 2010 Business Plan, submissions for which were prepared in September 2009, will show that that target was deliberately adjusted to 1.8%. The reason for this, as the Senator has suggested in his question was the deepening recession and the department's concern that striving for the target of 1.6% would have too great an impact on those tenants who were trying hard to address their arrears.

As at July 2010 there were 777 rent accounts in arrears with a combined value of £678k. This represents 1.8% of gross rental income and charges and therefore achieves the restated 2010 Business Plan target. This has been achieved without unnecessarily resorting to evictions and I am of the view that the 1.6% target is still achievable albeit over a slightly longer period.

The Housing Department's approach to tackling rent arrears has been one of its key successes in recent years and has seen total arrears fall from £1m in January 2008 to £678k today. This has additionally helped steer 544 customers from the burden of debt.

2. THE DEPUTY OF ST. JOHN OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING A FUTURE HARBOURS AND AIRPORT BOARD: Question

Following the announcement that a Board is proposed for the Airport and Harbours, will the Minister advise whether any meetings have been held with a Shadow Board/group of people to discuss the setting up of an interim Board, and if so would he provide details, including who was present, and advise whether any politicians (current or former) were also present?"

Answer

The issue of future governance arrangements for Jersey Harbour and Jersey Airport is integral to the Economic Development Department's (EDD)  oversight  of both ongoing operations at the trading bodies and the Comprehensive Spending Review.

A number of meetings to discuss future governance arrangements have been held between the Economic Development Minister, Assistant Ministers and senior officials from EDD, Jersey Harbour and Jersey Airport culminating in the announcement that a single "Shadow Board" will be appointed to provide private sector non-executive oversight.

No former politicians have been present at these meetings.

3. SENATOR B.E. SHENTON OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE COST OF A PLANNING APPEALS CLIAM:

Question

Given that Page 53 of the Annex to Financial Reports and Accounts 2009 states that £625,618 was transferred from the contingency vote to settle a planning appeal claim, can the Minister please give full details of this claim, and the total cost?

Answer

The amount transferred from the contingency vote was not in relation to a planning appeal as stated in the reports, but relates to the negotiated compensation settlement payment to D B Cummins Ltd in the " Trinity Infill  Case", and the final payment to the lawyers acting for the Minister for Planning and Environment in the matter.

This arose from the Environment and Public Services Committee's modification of a planning permission that would have allowed a field in Trinity to be used as an inert waste dump. Modification, or revocation, of a planning permission carries with it a right to compensation.

As previously indicated to Members on 2nd June 2009, in reply to a question from Senator Perchard, I am unable to specify an exact figure for the negotiated compensation settlement but can confirm the total cost including legal fees was in the region of £700,000.

4. THE DEPUTY OF GROUVILLE OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE SCULPTURE WHICH WAS FORMERLY IN THE AIRPORT DEPARTURES HALL:

Question

Would the Minister advise what has happened to the sculpture known as Flight' that was in the Airport Departure Hall and included a wishing well which was used by visitors and residents, the monies from which was then given to charities.

Would he also advise whether all other charity boxes have been removed from the Airport and, if so, explain why and confirm when they might be returned?

Answer

Further to a request from the Minister for Health, the sculpture of mallard geese, which was removed from its site at the airport during last year's refurbishment of the airside departures lounge has been donated to her department for placement in a new public space at the General Hospital.

It was always our intention when the sculpture was removed that it would be moved to a location that would allow it to be seen again by the general public. Jersey Airport, having considered a number of alternative sites, none of which proved suitable, decided to accept the generous offer from the Health Department.

I can confirm that during the refurbishment programme, a number of charity boxes were removed from the ground floor area of the airside lounge. Since the completion of the works two aviation charity boxes for Channel Islands Air Search and RAFA have been re-sited in the first floor atrium. Other boxes have been collected by the respective charity for use elsewhere.

Jersey Airport has decided that  in an effort to be fair to all rather than have a multitude of individual collection boxes as previous, a single collection box will be sited in the departures hall with the proceeds divided amongst an alternating list of charities. A suitable box will be provided shortly.

Jersey Airport regularly supports charitable collections and fundraising events. Most recent collections have included Side by side's Madeira and Haiti Disaster appeals, the Red Cross, Cancer Research and Help a Jersey Child. Collection tins are also placed on the Information Desk and occasionally on the check-in desks.

5. THE DEPUTY OF GROUVILLE OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING WAITROSE'S PROMOTION OF LOCAL PRODUCE:

Question

What measures and conditions, if any, is the Minister planning to lay down when Waitrose takes over certain outlets from Sandpiper, that they should support local produce?

Answer

In our initial discussions with Waitrose, we certainly highlighted that local producers and suppliers should be engaged wherever possible which they seemed keen to do. The recent Waitrose press release included the following paragraph " in line with its commitment to local sourcing, Waitrose is planning to sell a wide range of food produced within the Channel Islands and will be working closely with local suppliers".

Following a recent meeting with Waitrose Directors, Jersey Enterprise is in discussion with Waitrose regarding the facilitation of a B2B event with suppliers and producers.

As with all new undertakings commencing business in Jersey, a full business plan will be submitted by Waitrose and considered with their Regulation of Undertakings licence application.

6. THE DEPUTY OF GROUVILLE OF THE MINISTER FOR HOUSING REGARDING HOUSING QUALIFICATIONS FOR PRISONERS:

Question

Would the Minister advise whether persons arrested on arrival in the Island, who are then sentenced to more than 11 years at H.M.P La Moye, can actually gain their Housing Qualifications whilst in Prison whilst never having worked in the Island or had any real connection to it?

Answer

In the circumstances outlined of a person arrested on arrival in the Island, who becomes subject to a long prison sentence, that person would NOT normally be deemed to be accruing a period of ordinary residence that would ultimately allow them to qualify for housing consent under the Housing (General Provisions) (Jersey) Regulations 1970.

Instead, the Minister looks to where a person is ordinarily resident, with reference to their choice of residence, and their normal, or settled place of residence.

So, for example, there are applications for residential qualifications made by individual prisoners who will be immediately pre-release, but who were established residents, perhaps being locally born, before going into Prison. These are persons whom the Probation Service are looking to support back into the local community with regard to housing and employment, and who have firm local connections.

In each case, the varied and often complex circumstances would be considered to establish the place of ordinary residence.

7. THE DEPUTY OF ST. MARY OF THE CHIEF MINISTER REGARDING THE ENCOURAGEMENT OF COMMUNITY AND VOLUNTARY SERVICES AS PART OF THE STRATEGIC PLAN:

Question

Can the Chief Minister outline what has been done since the approval of the Strategic Plan in respect of the three commitments in section 8 (to encourage community involvement and voluntary service, work with the Parishes to develop community initiatives and preserve, enhance and promote community values)?

Answer

Enhancing the role of the community is a key component of promoting social inclusion on the Island and one to which the Council of Ministers is strongly committed. Promotion of community values and the enablement  of civil society require  changes in  behaviour and attitudes.  These processes take time to achieve but we are already putting into place mechanisms which will allow this to happen. A central feature thus far has been to develop a relationship with the Third Sector through the creation of a Social Policy Forum. This Forum, made up of representatives of the voluntary sector, is designed to act as a link between the public and the States on social policy issues, and is currently investigating ways in which the community can contribute to supporting the ageing population. This work will be complemented by the plans H&SS are developing with the parishes and the Third Sector to help maintain the independence of older people. As a start, an Information Sharing Protocol that will identify those in the community who may require additional support has been developed to promote stronger working between the Parishes and the States.

Moreover, the Housing and Planning departments and some parishes are also working together to provide "lifetime homes" in which older residents can live independent lives in the community. Parish communities will continue to benefit from Sheltered Homes developments, as has been the case in Trinity and St. John, and which will be extended to further parishes like St. Peter and St. Ouen over the coming years. These initiatives are being driven by Parish Connétable s with the support of departments, and help to build and maintain communities.

Furthermore, States departments continue to work to develop community-based initiatives, which will help preserve, enhance and promote community values. Housing tenants associations supported by the Housing Department, for instance, have enabled States housing tenants to become more involved in their neighbourhoods and to have influence over the decision-making process for issues affecting their communities. Such associations have allowed people to come together to represent their views and concerns, helping to encourage participation and a greater sense of community.

It should also be noted that major policy issues such as the Fiscal Strategy Review (FSR) being undertaken by the Minister for Treasury and Resources and the Island Plan being undertaken by the Minister for Planning and Environment have provided opportunities to support community involvement in States decision-making, and Islanders have been actively encouraged to participate in these consultation processes. By various means, including public consultation and public meetings in parishes, views of Islanders have been sought about major policy issues and how they may be affected by them.

In addition to work being carried out on Island, Jersey is also a member of the British-Irish Council and is actively engaged in the Social Inclusion work stream. Over the next two years the BIC will be focusing on how community cohesion can be achieved through use of the Third Sector and how wider civil activity can be enabled. This work stream provides Jersey with a valuable opportunity to learn, in a supportive way, from our partner administrations as we look to promote social inclusion and community values. It also enables us to contribute to that work stream the particular benefits of the Jersey honorary system and the strength of an Island community.

8. THE DEPUTY OF ST. MARY OF THE CHIEF MINISTER REGARDING THE PUBLICATION OF SALARIES AND ORGANISATIONAL CHARTS FOR ALL STATES DEPARTMENTS:

Question

Following on from the comments to P.71 from the Chief Minister, will he formally undertake to publish, by department, salaries in bands of £5000?

Further, to aid States members as they consider efficiency savings in the public sector, and to help the public to understand "where the money goes", will the Minister also undertake to publish, by department, organisation charts which show, in outline, who does what within each department?

Answer

As the States Employment Board offered to do in its Comments on P71/2010, I am prepared to publish in bands of £5,000, by department, the numbers of staff who have salaries of £60,000 and above.

As members should be aware, Departmental Business Plans contain organisation charts which are updated annually and are available on the States of Jersey website.

9. THE DEPUTY OF ST. MARY OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE LATEST RESEARCH ON PEAK OIL: Question

Further to his answer to written question 5517 on 6th July 2010, would the Minister confirm that the report, when published, will include the latest research/findings/consensus on peak oil and its likely social and economic effects and that it will give references to the documents and reports it cites?

Answer

In responding to the Deputy 's adopted amendment to the Strategic Plan requesting an annual report on Peak Oil and Climate Change the Council of Ministers were clear that what was being requested was an action arising from the strategic aim of implementing an Energy Policy as included in the Plan under Priority 13

As I indicated in my answer to Question 5517 progress against the Energy Policy for Jersey will be reviewed and reported on annually. The Council of Ministers were clear that any work to evaluate the use and cost of oil within the economy will be part of that Policy and monitoring would be at a level commensurate with existing resources within the work currently planned for the Energy Policy.

The report I produce will be fit for purpose. It will not be an academic study but will include references to source material where appropriate. Issues such as peak oil and climate change adaptation strategies have to be addressed at a wider scale than just Jersey and membership of institutions such as the British Irish council (BIC) are vital for an informed approach. By reflecting the best practice and information collated and acted upon by larger and relevant jurisdictions Jersey can not only fulfil its international obligations but also be part of larger conversations over strategic issues. Jersey can also benefit from the ongoing work carried out in these jurisdictions which reflects the critical mass of expertise and resources available to them relative to their populations and size of government.

10. THE DEPUTY OF ST. MARY OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING REDUCTIONS IN EXPENDITURE:

Question

Given that in his written answer 5520 on 6th July 2010, the Minister claimed that 64% of the 2% cuts were efficiency savings and 36% were service reductions, would the Minister provide for members a listing of the 2% reductions in expenditure, classified under these two headings?

Answer

The split of savings between efficiency savings and service reductions is as per the attached table:

SUMMARY OF COUNCIL OF MINISTERS SAVINGS PROPOSALS

Add back EDD growth -1193000 1,193,000 6,913,700 3,881,900

64% 36%

11. THE  DEPUTY  OF  ST. MARY  OF  THE  MINISTER  FOR  TRANSPORT  AND TECHNICAL  SERVICES  REGARDING  THE  MAINTENANCE  OF ISLAND ROADS:

Question

Following his written answer 5515 on 6th July 2010, in which the Minister advised that 11km of highway was of high priority for maintenance, can he explain what that means and advise whether there are cost implications and/or implications for the safety of road users if the work is not undertaken. Furthermore would he advise what the statutory position is regarding the Department's task to maintain the Island's roads in a safe condition?

Answer

As  discussed  in  the  response  to  written  question  5515,  the  Highways  Maintenance  Section prioritises resurfacing works by using the Jersey Pavement Management System (JPMS). JPMS is a rigorous, objective means of assessing the roads that are highest priority for treatment.

The process is that every three years a condition survey is carried out along each of the States' main roads. Defects are recorded to enable each 100m section of road to be given a score, known as the criticality total'. The criticality total is compared to a treatment threshold value dependent on the category of road. The road category is a function of the number of people that might use it as well as the key infrastructure it might link, i.e. schools, the airport, the harbour, etc.

If the criticality total exceeds the treatment threshold value, then it is multiplied by a factor related to the road category to produce a ranking value. The higher the ranking value of a section of road, the higher its priority for treatment. The treatment ranking values are currently assessed as follows:

Ranking Value Description

70 – 100  High Priority for treatment

50 - 70 Medium to High Priority – Monitor

30 - 50 Medium to Low Priority – Monitor 0 - 30 Low priority – No action

The October 2007 Condition Survey revealed that there was 13km of road with a ranking value between 70 and 100, i.e. a High Priority for treatment'. Approximately 2km of this road has now been resurfaced, leaving the 11km referenced in the response to written question 5515.

JPMS can also be used to model the future condition of the network as a function of highway maintenance investment. The model indicates that a budget of £2.7m (2007 figures) is required annually to maintain the current situation, i.e. 13km of roads with a ranking value of 70 – 100. If this funding is not available, the length of road with a ranking above 70 will increase. Since the ranking value is linked to condition, this would also suggest that the number of defects will increase.

The presence of any defect in road can contribute to an accident. It is for this reason that Highways Maintenance attempts to repair any significant defects in the highway within three days of being identified, although this may not always be possible.

In terms of liability, the relevant legislation is La Loi sur la Voirie 1914', which specifies that "The States shall be directly responsible for the administration of the main roads and shall meet all costs of construction and other expenses" and that "The States shall appoint a Committee (now Minister)  for the administration of  main roads,  authorised to take  all  necessary  measures  for suitable maintenance of the main roads". The law is silent on any specific duties of the States or their Committee with regards to superintendence or maintenance.

However, a Judgment of the Royal Court (Ref: Judgment of the Royal Court [2003] JRC150, Dobson v. Public Services Committee] states that the highway authority has an absolute duty to put the roads "in such good repair as it renders it reasonably passable for the ordinary traffic of the neighbourhood  at  all  seasons  of  the  year  without  danger  caused  by  its  physical  condition." Notwithstanding this duty, the Judgment continues that under Jersey Law there is no liability for breach of statutory duty arising from the non-performance of the duty to repair the highway.

12. DEPUTY M. TADIER OF ST. BRELADE OF THE CHAIRMAN OF THE COMITÉ DES CONNÉTABLES REGARDING COMPLAINTS AGAINST THE HONORARY POLICE:

Question

Will the Chairman advise how many formal complaints there have been against honorary officers (with a breakdown by parish) in the last two years (2008 and 2009) and how many were upheld, and what the rank of officer against whom the complaint was brought was?

Will the Chairman advise if the Constable is involved in anyway in the complaints/disciplinary process of any complaints of misconduct or other wrong doing of honorary police officers, and if so how?

If there is involvement, will the Chairman explain in what capacity and under what authority this involvement takes place?

Will the Chairman give the names of the six Connétable s who still hold warrant cards and if there has been any discussion on the Comité of the appropriateness of Connétable s having these?

Answer

In view of the limited number of certain officer holders in some parishes I do not consider it appropriate to provide the following break-down by Parish as it could result in an officer being identified.

2008

No. of formal complaints against honorary officers  5

No. of complaints upheld 1

Rank  of  officer  against  whom  the  complaint  was  Centenier x 2 brought

Vingtenier x 1 CO x 2

2009

6

5 Centenier x 2

Vingtenier x 1 CO x 3

The  Police  (Complaints  and  Discipline)  (Jersey)  Law  1999  and  the  Police  (Honorary  Police Complaints  and  Discipline  Procedure)  (Jersey)  Regulations 2000  set  out  the  duties  and responsibilities of the Constable in relation to the complaints/disciplinary process and these are set out below. The Constable is not involved other than as required by the Law.

Authority  for  Capacity  in  Involvement involvement which

involved

Law  Article   Connétable  Where a complaint is submitted to a Connétable , he or 19 she shall take any steps that appear to him or her to be

desirable for the purpose of obtaining or preserving evidence relating to the conduct complained of

Law  Article   Connétable  1. maintain a register of complaints submitted

20

2. record in the register details ofthe complaint, steps taken to deal with complaint, and outcome.
3. notify a complainant in writing ofthe outcome of the complaint.
4. make  the register  available  to the  Jersey  Police Complaints Authority when so requested
5. make the register available tothe Attorney General when so requested

Law  Article   Connétable  1. record the complaint in the register; and notify the 21 Attorney General that the complaint has been made.

2. comply with the direction and inform the Attorney General ofthe outcome of the complaint where the Attorney General is satisfied that a complaint may be dealt with informally.
3. whensorequestedbythe Attorney General,request the Chief Officer, States Police, to appoint a member of the Forceor a policeofficerfrom some other force, in either case of at least the rank of inspector, to carry out an investigation.

Law  Article   Connétable  Refer  to  the  Attorney  General  any  matter  which 22 appears to the Connétable to indicate that a member of

the Honorary Police may have committed a criminal offence or an offence against discipline; and is not the subject of a complaint.

Law  Article   Connétable  Request  the  Chief  Officer,  States  Police,  to  select 23 another member of the Force or police officer from

some  other  force  and  notify  the  Authority  of  the person the Chief Officer proposes to appoint where an investigation is supervised by the Authority and the Authority  is  not  satisfied  with  the  person  first appointed.

Law  Article   Connétable 24

Regulations   Connétable Article 3

Receive reports and statements from the Jersey Police Complaints  Authority  where  the  Authority  has supervised an investigation.

When directed by the Attorney General to deal with a complaint informally, the Connétable must seek the views of the complainant and the member concerned about the matter; take such other steps as may appear to the Connétable to be appropriate; give the member concerned the opportunity to respond to the complaint, at the member's option, orally or in writing; and give to the Attorney General a copy of the outcome of the complaint.

Regulations   Connétable  Will be consulted by the Attorney General before he Article 4 suspends an officer where the officer has been charged

with a criminal offence; or there has been a complaint, report or allegation which indicates that a member of the Honorary Police may have committed an offence against  discipline,  whether or  not  it  has  been investigated.

Regulations   Connétable  When so requested by the Attorney General, request Article 6 the Chief Officer, States Police, to appoint a member

of the Force or a police officer from some other force, in either case of at least the rank of inspector, to carry out an investigation.

Regulations   Connétable  Receive  a  copy  of  the  report  of  the  investigating Article 8 officer.

Regulations   Connétable Receive  notification  of  findings  of  a  disciplinary Article 28 hearing

Regulations   Connétable  Officers must report to the Connétable of the parish in Discipline  which  they  serve  any  proceedings  for  a  criminal Code offence taken against them

In my statement on 17th November 2009 I advised members that at present the Connétable s of St Brelade, St Clement, Grouville , St John, St Mary and St Peter hold a 'warrant card'. The cards were issued to these   Connétable s as a proof of  identity should  it  be required.  There  has  been  no discussion on the Comité of the appropriateness of Connétable s having a warrant card other than the Comité recalling that, although the States had agreed, in principle, to the policing powers of the Connétable being removed, and that Connétable s no longer took any part in policing, the legislation had not yet been amended and they remained the head of the Parish Honorary Police and were thus entitled to hold a warrant card. I will, as Chairman of the Comité, be meeting with H M Attorney General in due course to discuss this matter further.

13. DEPUTY  M. TADIER  OF ST.  BRELADE  OF  THE  CHAIRMAN  OF  THE PRIVILEGES  AND  PROCEDURES  COMMITTEE REGARDING  POLICE REPRESENTATION IN NATIONAL ASSEMBLIES:

Question

Will the Chairman advise if she is aware of any other national assembly, other than Jersey's, which has representatives who are police officers, and, if so, will she list them?

Will the Chairman advise if the Privileges and Procedures Committee will investigate whether it is best practice for police officers to be permitted to sit in the States Assembly as voting members?

Answer

The Privileges and Procedures Committee has not had cause to investigate whether other national assemblies have representatives who are police officers.

The Connétable is the only police officer permitted to sit in the States Assembly as a voting member. Connétable s are not present in the Assembly as police officers, but as parish representatives, and are only able to be present due to the non-operational nature of their rôle, as outlined by H.M. Attorney General during oral questions on 6th July 2010.

Having discussed this matter at its meeting on 13th July 2010, the Committee has no current plans to review this matter.

14. DEPUTY M. TADIER OF ST. BRELADE OF THE CHAIRMAN OF THE PRIVILEGES AND PROCEDURES COMMITTEE REGARDING POLLING STATION OPENING HOURS:

Question

Following the recommendation in the recent report of the Public Election Working Group to change the opening hours of the polls from 8am to 9am, will the Chairman advise whether any analysis was undertaken on the potential reduction this would have on voter turn out before this recommendation was made and can she advise whether this is something the Committee unanimously supports?

Answer

Deputy Tadier is requesting information about the research undertaken by a Working Party which he sat on, and I did not. While the Committee as a whole does not know what research the Working Party undertook, I imagine the Deputy himself does as he was a member.

The Committee received the report of the Working Party at its meeting on 29th June 2010 and presented it to the States on 2nd July 2010, with a foreword from the Committee inviting feedback on the Working Party's findings and recommendations (R.94/2010 refers).

The Committee did not, discuss the recommendations in detail, as it was agreed that members would wish to consider the Working Party's recommendations alongside any submissions received from interested parties upon the close of the consultation period.

Comments on the report of the Public Elections Working Party are invited by close of business on Friday 30th July 2010.

15. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE REMAINING CREDITORS OF WOOLWORTHS PLC:

Question

Will the Minster advise if there are any remaining creditors of Woolworths Plc yet to be paid?

How many creditors were there in total and how many of the creditors who made claims were paid and how many were not?

What proportion of these were Jersey creditors and what proportion were not?

Can the Minister confirm that local creditors are not being given preference over non local creditors?

Answer

The Minister is not responsible for the affairs of Woolworths Plc in Jersey. The Deputy should refer any enquiries to the Viscount who has certain duties relating to the company's business and affairs in Jersey pursuant to an Act of the Royal Court dated 2nd March 2009. However, in that context, the Minister has been advised by the Viscount:

Q. Will the Minster advise if there are any remaining creditors of Woolworths Plc yet to be paid?

A. The unsecured creditors have yet to be paid.

Q. How many creditors were there in total and how many of the creditors who made claims were paid and how many were not?

A. There were 22 admitted creditors in total. Of these, 3 priority creditors have been paid.

Q. What proportion of these were Jersey creditors and what proportion were not?

A. With the exception of 1 creditor from Guernsey, all of the creditors are Jersey based.

Q. Can the Minister confirm that local creditors are not being given preference over non local creditors?

A. The Viscount has presented to the Royal Court a Representation seeking direction on a number of matters including the further treatment of outstanding creditors. This Representation is set down for hearing in September 2010.

16. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING VODKA PRODUCTION IN THE ISLAND:

Question

Given the Assembly's commitment to the diversification of the Island's industries in the Strategic Plan, and the need for new growth areas in these times of economic uncertainty, will the Minister advise if he would support the idea of Vodka production in the Island and, if so, what steps he will take to bring this about?

Answer Yes.

Vodka distillation production would assist diversification and a pilot study to further investigate production and marketing is being funded under the Rural Initiative Scheme.

If the pilot study is successful the applicant would begin commercial production

17. THE DEPUTY OF ST. JOHN OF THE MINISTER FOR HOME AFFAIRS REGARDING THE INSTIGATION OF OPERATION BLAST:

Question

Would the Minister advise on whose instructions it was that Operation Blast was instigated and whether the instructions came from outside or within the Island?

If from off-Island was it from UK Security Services or elsewhere?

What action, if any, is to be taken to notify a member of the content of any file held on them?

What action, if any, will the Minister take against the instigator and can he confirm that the files are now closed?

Answer

Operation Blast was instigated on the instructions of the Chief Officer of Police. There were no instructions from outside the Island and no involvement of any outside group of individuals in relation to its instigation.

Members of the 2005 – 2008 States can contact the Acting Chief Officer if they wish to know what is held on them. He will not be able to inform them of any information received from the UK Intelligence Services.

The disciplinary proceedings against Mr Power have been discontinued due to the lack of time for completion.

18. THE DEPUTY OF ST. JOHN OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE ST. HELIER MARINA:

Question

Given that berth holders were told the Marina would be closed from January 2010 for alterations, has the income for winter contracts dropped in comparison to last winter and, if so, by how much?

When will the proposed works be undertaken or has the work been abandoned?

Is the Minister satisfied with the take up of large super yacht moorings, and, if so, could he share with members what progress, if any, has been made in accommodating such vessels 12 months of the year?

Answer

Marina occupancy fell generally last winter and Winter Contract income for St Helier Marina fell by £25,000 when compared to the same period in 2008/9. However, Jersey Marinas ended the year 8% above budget for 2009 with increased contract berths released and higher charges levied against larger vessels.

Following public consultation last winter, it became clear that the conceptual plans for future marina developments required further consideration, including the reconfiguration of St Helier Marina.

In a letter to the Boat Owners Association and Yacht Clubs, I instructed that all work to progress current marina development plans, including Phase 1 of the Jersey Harbours plans would be suspended.

Jersey Harbours will be forming a Marina Development Task and Finish Group (MDG) which will replace the Marine Leisure Growth Group. The MDG will have an independent Chairman and will comprise officers from Jersey Harbours, boat owners representatives nominated by Jersey's Yacht Clubs and Associations, and up to three others from the marine trade and industry. The group will be tasked with producing options for development of marinas that will be commercially evaluated and considered as part of the East of Albert Project by the East of Albert Project Board.

The process should be seen as part of the broader East of Albert project and also take into account the draft Island Plan. The Chairman of the MDG and the Harbour Master will be invited to join the Project Board, chaired by the Deputy Chief Executive of the States of Jersey.

The MDG will form part of the remit of the new Shadow Board for Jersey Harbours and Jersey Airport, and will be responsible for co-ordinating all consultation activity with boat owners and other stakeholders and delivering a set of agreed options for evaluation.

This co-ordinated approach will be able to carefully consider and balance all commercial and leisure opportunities through a clear, transparent and independent process.

19. DEPUTY T.M. PITMAN OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE SUSPENSION PROCESS IN RELATION TO THE RETIRING CHIEF OFFICER OF THE STATES OF JERSEY POLICE:

Question

Will the Chief Minister clarify the full reasons as to why the report into the issues surrounding the suspension process of the Chief Officer of the States of Jersey Police - promised to the Assembly to be completed in six weeks - has instead not been completed prior to the announcement that all disciplinary measures were to be dropped; further still, when will this report be completed and made available in full to all States Members?

Answer

The original timescale for the completion of the independent review into the suspension of the Chief Officer of Police was six weeks as stated in the Deputy 's question. Unfortunately, due to difficulties in arranging convenient dates for interviews and travel disruptions caused by the Icelandic volcanic ash cloud, it was not possible to complete the interview process with one of the key witnesses during the Mr Napier's first visit to Jersey. A second visit had to be arranged to that suited both people.

All of the interviews were completed by 9th June 2010 and I am awaiting the final report. Unfortunately, due to other work commitments, Mr Napier was unable to complete his final report immediately after the interview process was complete.

I have been advised by Mr Napier, that he is currently writing his final report which should be completed by the end of July. Once the report has been issued and all parties concerned have had the opportunity to consider any findings, it will be published in full.

20. DEPUTY T.M. PITMAN OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING THE RIGHT OF REPLY FOR THE RETIRING CHIEF OFFICER OF THE STATES OF JERSEY POLICE:

Question

Would the Minister confirm whether he has allowed the development and disseminating of information to the public of only critical evidence against the suspended Chief Officer of the States of Jersey Police whilst simultaneously accepting and supporting an investigation process that refused to receive or include evidence and witnesses that could contradict such evidence and, if so, does the Minister feel this to be congruent to the fundamental principles of natural justice?

Would the Minister further inform members whether he considers it correct in terms of natural justice that, having announced the abandonment of disciplinary action against the Chief Officer of the States of Jersey Police, he subsequently sought to use evidence from these inquiries to justify the suspension when the Chief Officer of the States of Jersey Police will himself have no right of reply?

Answer

I have put in the public domain redacted copies of four relevant reports. The three Wiltshire reports were very carefully investigated and the Chief Officer of Police was provided with the statements of key witnesses in order to enable him to provide his own lengthy and detailed statements. These statements were then taken into account by the Wiltshire Police in reaching their conclusion.

I am satisfied that the investigation was fairly carried out.

I discontinued the disciplinary process two weeks before the Chief Officer of Police's retirement solely out of lack of time and so that I could make statements to Members prior to the summer recess. I then owed a clear public duty to inform the public of Jersey as to what I know about the matter and this I have done at the earliest possible date.

The Chief Officer of Police has already exercised his right of reply and will no doubt continue to do so either directly or through his political supporters. I believe that the public of Jersey will now be able to make up their own minds on what happened in 2008.

I also believe that there are lessons to be learned from the past and changes which will need to be made for the future and I now want to focus on these.

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

Question

Given that anti-social behaviour late at night by young car drivers and motorcyclists has been a problem since at least August 2006 and continues to impact on residents of the Albert Quay Apartments, will the Minister advise whether there is any obstacle preventing the designation and sign posting of the area approaching the Lifeboat Café as a 'restricted access' area between the hours of 9.00pm to 6.00am; further still, will he support such a move and ensure that it is implemented over the course of the summer?'

Answer

The Harbours (Jersey) Regulations 1962 permit the Minister for Economic Development to restrict or prohibit access to any part of a harbour or part thereof, where he decides it is necessary or expedient to do so.

However, the decision to restrict access to an area of the harbour is not something which would be taken lightly. I do not believe that public access should be restricted to any area of the harbour unless there are some very persuasive arguments and the action is proportional to the problem.

The cost of implementing the measures suggested would be excessive and enforcement difficult to manage with the number of legitimate users who would still require access. Visiting yachtsmen require access to numbers four and five pontoons, there are businesses located on the Albert Pier, the passenger terminal, private parking and a popular fishing area. Not forgetting the fact that the Lifeboat Station itself is situated on the other side of the junction which clearly requires emergency access at all time for both crew and the Ambulance Service.

In respect of the anti-social behaviour of a number of car drivers and motorcyclists, the Deputy will be aware that Jersey Harbours have already provided and paid in excess of £15,000 for traffic calming measures on the road approaching the café. We continue to be in consultation with both the residents of the flats and States of Jersey Police as we have been for some time now to look for proportional responses to the current problem.

22. DEPUTY T.A. VALLOIS OF ST. SAVOUR OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING INCOME RECEIVED AS A RESULT OF THE 2006 FISCAL STRATEGY REVIEW:

Question

Could the Minister advise the exact amounts of income received per year from the taxes that were introduced as a result of the 2004 Fiscal Strategy Review?

Answer

The only new tax introduced as a result of the 2004 Fiscal Strategy Review was the Goods and Services Tax. The yield from it is as follows:

2008 £32 million (8 months only) 2009 £47 million

The other tax raising measures introduced as a result of the 2004 Fiscal Strategy Review were the Income Tax Instalment System (ITIS) and 20% means 20%.

The best estimate of the yield for each year of assessment from ITIS, including proportional tax allowances raised primarily through taxing seasonal workers who previously avoided the tax net, is as follows:

2006 £3.4 million

2007 £3.8 million

2008 £3.7 million

2009 figures are not available yet

The best estimate of the yield, for each year, from 20% means 20%, is as follows: 2007 £6.1 million

2008 £8.4 million

2009 £10.6 million

23. DEPUTY T.A. VALLOIS OF ST. SAVOUR OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING SUSTAINABLE ECONOMIC GROWTH:

Question

Given that a structural deficit cannot be met with spending cuts and increases in taxation alone, could the Minister advise what strategy he will be putting in place to achieve sustainable economic growth?

Answer

EDD, as the Department with responsibility for delivering Priorities 1 and 2 of the 2010-2014 States Strategic Plan, is working closely with both business and its strategic partners, to ensure conditions are put in place to stimulate future economic growth.

On Tuesday 29th June, the Department held a Strategic Stakeholder Forum for local businesses, States Departments and Scrutiny representatives, as the first stage in developing a revised Enterprise Strategy, due for completion by the end of 2010.

This will redefine the strategic priorities, establish key initiatives and provide focus for EDD efforts in diversifying the Jersey economy and reinvigorating economic growth.

24. DEPUTY T.A. VALLOIS OF ST. SAVOUR OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING PRIORITY 4 OF THE STRATEGIC PLAN 2009 TO 2014:

Question

Given that under Priority 4 of the Strategic Plan 2009-2014, it was agreed that the Treasury and Resources department would "examine whether borrowing is an alternative and optional way forward for long-term capital projects", could the Minister explain the current status of this examination and whether this has been considered throughout the spending review?

Answer

Stage 2 of the Comprehensive Spending Review includes a review of the forward capital programme. A key element of this review will be affordability and funding of future capital programmes. This will lead to consideration of borrowing as a potential funding source if appropriate.

25. DEPUTY R.G. LE HERISSIER OF ST. SAVIOUR OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE COST OF THE INTERIM HOSPITAL DIRECTOR:

Question

Would the Minister advise what the weekly cost of employing the interim Hospital Director is, showing a distinction between salary and other costs?

Answer

The total weekly cost of employing the interim Hospital Director is £5,133, this includes the total cost paid to the agency. Of this, the interim receives £4,600 per week worked, from which he meets his own accommodation and travel costs.

3. Oral Questions The Deputy Bailiff :

We have 22 questions today and, as Members will be aware, only 2 hours. I see the questions without notice are for the Chief Minister and the Minister for Home Affairs and I am likely, in accordance with usual practice, to take that into account in connection with supplementary questions addressed to those 2 Ministers.

1. Deputy J.A. Martin of St. Helier of the Minister for Planning and Environment regarding the delivery of up to 2,500 new homes on the St. Helier Waterfront and within the town of St. Helier :

Further to his response to a written question on 23rd March 2010 could the Minister give further details in relation to the proposals contained within the draft Island Plan regarding the delivery of up to 2,500 new homes on the St. Helier waterfront and within the town of St. Helier .

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

The town for the purposes of the Island Plan comprises St. Helier and the surrounding urban area. The housing sites falling within this area will deliver the necessary housing. As a guide the following is a list of possible delivery of new homes albeit that some sites are still subject to planning: 660 new homes at Castle Quay, 80 at Westwater and Zephyrus, 300-400 on the Esplanade Quarter, 220 new homes at Westmount, 40 at Le Normandie, 35 at Plat Douet Road, 130 at the Revere Hotel, 150 at the Metropole, 55 at Wesley and over 100 units at the Ladies College in extended sites. Around an additional 400 homes will be delivered through the North of Town Masterplan bringing the total to around 2,200 and the balance required will be comfortably delivered within the 10 years of the plan.

1. Deputy J.A. Martin:

Is the Minister saying that the figures he delivered on 23rd March are completely wrong, because in the first 5 years there are 100 Category A houses and in 2018 there are 200 Category A - all the rest are Category B - these are flats; so which figures are right? Today's figures or the ones on 23rd March?

Senator F.E. Cohen:

They are both right. The question did not ask Category A or Category B. The question asked in relation to the delivery of 2,500 homes. It is hoped of course that all new sites, subject to the approval of the Island Plan proposals, will themselves deliver an element of affordable housing and this is stacked at 12.5 per cent initially, and 15 per cent within 5 years. So, both figures are correct.

2. Deputy J.A. Martin:

Perhaps I would just like to labour the point; the Minister has said there is no Category A housing proposed at all on the Waterfront over the next 10 years and if he loses 300 spaces in a very near surrounding Parish where will Category A, first-time buyers and social housing, go? It is not in St. Helier Waterfront and it is not in the town.

[14:45]

Senator F.E. Cohen:

I obviously have not made this clear. The proposal is that Category A housing - affordable housing, let us call it - will be delivered through the proposals contained in the Island Plan which is that 12.5 per cent initially or 15 per cent of all housing will be of the affordable category but that of course is subject to the approval of this House.

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