States Meeting Transcript - 28/09/2010

STATES OF JERSEY OFFICIAL REPORT

TUESDAY, 28th SEPTEMBER 2010

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

1 Appointment of the Connétable of St. Martin to the Health, Social Security and Housing Scrutiny Panel...................................................................7

1.1 Deputy G.P. Southern of St. Helier:......................................................7

1.1.1 Connétable S.A. Yates of St. Martin:....................................................7

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

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

1. THE DEPUTY OF ST. MARTIN OF THE MINISTER FOR HOME AFFAIRS REGARDING THE HUMAN RIGHTS COMPLIANCE OF THE DRAFT DRUG TRAFFICKING LAW:..................................................................7
2. THE DEPUTY OF ST. MARTIN OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE HUMAN RIGHTS COMPLIANCE OF THE DRAFT INCOME TAX LAW:..........................................................8
3. DEPUTY P.V.F. LE CLAIRE OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING STATES PURCHASE CARD EXPENDITURE:...8
4. DEPUTY P.V.F. LE CLAIRE OF ST. HELIER OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE DECOMMISSIONING OF THE BELLOZANNE INCINERATOR:...................10
5. THE DEPUTY FOR ST. JOHN OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING AIR TRAFFIC CONTROLLERS:..................10
6. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING COMPANIES REGISTERED FOR G.S.T. PURPOSES:............................................................................11
7. DEPUTY T.M. PITMAN OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE COST OF LEGAL SUPPORT FOR FAMILY X:......................................................................................12
8. DEPUTY T.M. PITMAN OF ST. HELIER OF THE CHAIRMAN OF PRIVILEGES AND PROCEDURES COMMITTEE REGARDING ATTENDANCE AT STATES SITTINGS:.............................................................................12

9. DEPUTY T.M. PITMAN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING POSSIBLE TAXATION INITIATIVES:..........14
10. DEPUTY T.M. PITMAN OF ST. HELIER OF THE CHIEF MINISTER REGARDING AMENDMENTS TO THE BUSINESS PLAN:........................................15
11. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE CARE OF VULNERABLE CHILDREN:..15
12. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR HOME AFFAIRS REGARDING THE FINANCIAL STATUS OF THE FOUR SEASONS GROUP:....16

13. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR HOME AFFAIRS REGARDING THE IMPRISONMENT OF A DIAGNOSED SCHIZOPHRENIC:....17
14. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING ZERO/TEN TAXATION: ........................18
15. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE PRIVATISATION OR OUTSOURCING OF PUBLIC SERVICES:............................................................................19
16. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE IMPACT OF PUBLIC SERVICE CUTS ON VULNERABLE HOUSEHOLDS:......................................................20
17. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING POSTAL LICENCES:..............................20
18. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HOUSING REGARDING THE PROTECTION OF LOW INCOME HOUSEHOLDS IN RESPECT OF RENT RISES:......................................................................21
19. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING RESPITE CARE:................................22

3. Oral Questions...........................................................................22

1. Deputy P.J. Rondel of St. John of the Chief Minister regarding the securityof the States computer system:.......................................................................22 Senator T.A. Le Sueur (The Chief Minister):.................................................23

1. The Deputy of St. John:................................................................23
2. The Deputy of St. John:................................................................23

2. Connétable A.S. Crowcroft of St. Helier of the Minister for Education, Sport and Culture regarding the inclusion of local history in the educational curriculum:..................23 Deputy J.G. Reed of St. Ouen (The Minister for Education, Sport and Culture):..............23

3.2.1 Deputy T.M. Pitman of St.Helier:......................................................24

3. Deputy G.P. Southern of the Minister for Treasury and Resources regarding the use of Article 134A of the Income Tax (Jersey) Law 1961 over the past 10 years to prevent tax avoidance: ..............................................................................24 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................24

1. Deputy G.P. Southern :..................................................................24
2. Deputy G.P. Southern :..................................................................24

3. Deputy G.P. Southern :..................................................................25
   4. Deputy F.J. Hill of St. Martin of the Minister for Economic Development regarding a review of the fee structure relating to the Licensing (Jersey) Law 1974:................25 Senator A.J.H. Maclean (The Minister for Economic Development):.........................25

1. The Deputy of St. Martin:..............................................................25
2. The Deputy of St. Martin:..............................................................26

3. The Deputy of St. Martin:..............................................................26

5. Senator S.C. Ferguson of the Minister for Health and Social Services regarding the collegiate Medical Director:............................................................26 Deputy A.E. Pryke of Trinity (The Minister for Health and Social Services):.................26

1. Senator S.C. Ferguson:.................................................................26
2. Senator S.C. Ferguson:.................................................................27
3. Senator S.C. Ferguson:.................................................................27
4. Deputy A.E. Jeune of St. Brelade:......................................................27
5. Senator S.C. Ferguson:.................................................................27
   6. Deputy T.M. Pitman of the Chairman of the Privileges and Procedures Committee regarding Members' attendance at States meetings: ....................................27 Connétable J. Gallichan of St. Mary (Chairman, Privileges and Procedures Committee):.....28

1. Deputy T.M.Pitman:...................................................................28
2. Deputy T.M.Pitman:...................................................................28
3. Senator F. du H. Le Gresley:............................................................28
4. Connétable M.K. Jackson of St. Brelade:...............................................29
5. The Deputy of St. Martin:..............................................................29
6. Deputy T.M.Pitman:...................................................................29
   7. Deputy P.V.F. Le Claire of St. Helier of the Chief Minister regarding the protection of staff under the whistle-blowing' policy:................................................30 Senator T.A. Le Sueur (The Chief Minister):.................................................30

1. Deputy P.V.F. Le Claire: ...............................................................30
2. Deputy P.V.F. Le Claire: ...............................................................30

8. Deputy M.R. Higgins of St. Helier of the Minister for Housing regarding the impact of the recession on demands for social housing:...........................................31 Deputy S. Power of St. Brelade (The Minister for Housing):..................................31

1. Deputy J.A. Martin of St. Helier:.......................................................31
2. Deputy P.V.F. Le Claire: ...............................................................32
3. Deputy A.E. Jeune :.....................................................................32
4. Deputy G.P. Southern :..................................................................32
5. Senator T.J. Le Main: ..................................................................33
6. Deputy J.A. Martin:....................................................................33
7. Deputy C.F. Labey of Grouville :........................................................33
8. Deputy M.R.Higgins:..................................................................34
9. Deputy G.P. Southern :..................................................................34

9. Deputy M. Tadier of St. Brelade of the Minister for Health and Social Services regarding the provision of respite care:............................................................34 The Deputy of Trinity (The Minister for Health and Social Services):........................34

1. Deputy M. Tadier :......................................................................34
2. Deputy M. Tadier :......................................................................34
3. Senator B.E. Shenton:..................................................................34
4. Deputy A.K.F. Green of St. Helier:.....................................................35
5. Senator B.E. Shenton:..................................................................35
6. Deputy A.E. Jeune :.....................................................................35
7. Senator P.F. Routier: ...................................................................36
8. Deputy A.K.F. Green:..................................................................36
9. Deputy M. Tadier :......................................................................36
   10. Deputy T.M. Pitman of the Minister for Treasury and Resources regarding the impact of

the savings agreed as part of the Annual Business Plan 2011 on Income Support claims:

37

Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................37

1. Deputy T.M.Pitman:................................................................37
2. Deputy G.P. Southern : ..............................................................38
3. Senator S.C. Ferguson:..............................................................38
4. Senator S.C. Ferguson:..............................................................38
5. Deputy D.J.A. Wimberley of St. Mary : ..............................................39
6. The Deputy of St. Mary:.............................................................39
7. The Deputy of St. John:..............................................................39
8. The Deputy of Grouville : ............................................................40
9. The Deputy of Grouville : ............................................................40
10. Deputy T.M.Pitman:..............................................................40
    11. Deputy M. Tadier of the Minister for Health and Social Services regarding the accommodation of vulnerable children: ................................................41 The Deputy of Trinity (The Minister for Health and Social Services):........................41

Deputy J.A. Martin (Assistant Minister for Health and Social Services - rapporteur): ........41

1. Deputy M. Tadier :...................................................................41
2. Deputy M. Tadier :...................................................................42

12. The Deputy of St. Martin of the Minister for Treasury and Resources regarding the current use of Haut de la Garenne:......................................................42 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................43 Deputy J.A.N. Le Fondré (Assistant Minister for Treasury and Resources - rapporteur):......43

1. The Deputy of St. Martin : ...........................................................43
2. Deputy M.R.Higgins:...............................................................43
3. Deputy A.E. Jeune : ..................................................................43
4. Senator T.J. Le Main:................................................................44
5. Deputy A.T. Dupre of St. Clement:..................................................44
6. The Deputy of St. Martin : ...........................................................44

13. Deputy G.P. Southern of the Minister for Treasury and Resources regarding investigations under Article 134A of the Income Tax (Jersey) Law 1961:..............45 Senator P.F.C. Ozouf :........................................................................45 Deputy E.J. Noel of St. Lawrence (Assistant Minister for Treasury and Resources - rapporteur):.............................................................................45

1. Deputy G.P. Southern : ..............................................................45
2. Deputy G.P. Southern : ..............................................................46

14. Senator S.C. Ferguson of the Minister for Health and Social Services regarding hospital doctors prevented from practising their contracted clinical duties: ......................46 The Deputy of Trinity (The Minister for Health and Social Services):........................46

1. Senator S.C. Ferguson:..............................................................46
2. Deputy M.R.Higgins:...............................................................47
3. The Deputy of St. Martin : ...........................................................47
4. The Deputy of St. Martin : ...........................................................47
5. Deputy A.E. Jeune : ..................................................................47
6. Deputy A.E. Jeune : ..................................................................48
7. Senator J.L. Perchard: ...............................................................48
8. Senator S.C. Ferguson:..............................................................48

15. The Deputy of St. John of the Minister for Treasury and Resources regarding the impact of the introduction of another telephone company to the Island on the profits of Jersey Telecom: ...............................................................................48 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................48

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

16. Deputy M.R. Higgins of the Minister for Transport and Technical Services regarding the advertisement of vacant positions: ......................................................50 The Connétable of St. Brelade (The Minister for Transport and Technical Services):.........50

1. Deputy M.R.Higgins:...............................................................50
2. Deputy M.R.Higgins:...............................................................51

4. Questions to Ministers Without Notice - The Minister for Social Security ............51

1. The Deputy of St. John:................................................................51 Deputy I.J. Gorst of St. Clement (The Minister for Social Security):..........................51

1. The Deputy of St. John:................................................................51
   2. Deputy D.J. De Sousa:..................................................................52
   3. Deputy J.M. Maçon of St. Saviour:.....................................................52

3. Senator F. du H. Le Gresley:............................................................53
4. Senator S.C. Ferguson:.................................................................53

5. Connétable D.W. Mezbourian of St. Lawrence:........................................53
6. Senator F. du H. Le Gresley:............................................................54
7. Senator T.J. Le Main: ..................................................................54

5. Questions to Ministers Without Notice - The Chief Minister..........................55

1. The Connétable of St. Helier:...........................................................55
2. Deputy G.P. Southern :..................................................................55
3. Senator T.J. Le Main: ..................................................................56
4. Deputy M.R.Higgins:..................................................................56
5. Senator J.L. Perchard:..................................................................57
6. Senator S.C. Ferguson:.................................................................57
7. Deputy M. Tadier :......................................................................58
8. Deputy A.E. Jeune :.....................................................................58
9. Deputy C.H. Egré of St. Peter:..........................................................59
10. The Deputy of St. John:................................................................59

STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY........................59

6. Statement by the Connétable of Grouville regarding the Jersey Tidal Power Commission..............................................................................60

6.1 Connétable D.J. Murphy of Grouville :..................................................60

1. Senator S.C. Ferguson:.................................................................61
2. Senator S.C. Ferguson:.................................................................61
3. The Deputy of St. John:................................................................61
4. Deputy T.M.Pitman:...................................................................61
5. Deputy M.R.Higgins:..................................................................62
6. The Deputy of St. Mary:................................................................62
7. Deputy P.V.F. Le Claire: ...............................................................62
8. Deputy A.E. Jeune :.....................................................................62
9. Deputy M. Tadier :......................................................................63

7 Statement by Deputy G.P. Southern regarding the Health, Social Security and Housing Scrutiny Panel..................................................................63

7.1 Deputy G.P. Southern :..................................................................63

1. Deputy I.J. Gorst : ......................................................................64
2. Senator S.C. Ferguson:.................................................................64
3. Senator S.C. Ferguson:.................................................................64
4. Senator P.F.C. Ozouf :..................................................................64

6. Senator P.F. Routier: ...................................................................65
7. Senator J.L. Perchard:..................................................................65
8. Senator P.F.C. Ozouf :..................................................................65
9. Deputy P.V.F. Le Claire: ...............................................................65
10. Deputy I.J. Gorst :....................................................................66

8. Statement by the Minister for Treasury and Resources regarding the administration of Woolworths ...........................................................................66

8.1 Senator P.F.C. Ozouf (the Minister for Treasury and Resources):......................66

1. Deputy J.M. Maçon:....................................................................67
2. Deputy I.J. Gorst : ......................................................................67
3. Deputy P.V.F. Le Claire: ...............................................................67
4. Senator J.L. Perchard:..................................................................68
5. Senator J.L. Perchard:..................................................................68
6. Deputy G.P. Southern :..................................................................68

7. Deputy G.P. Southern :..................................................................69
8. Deputy A.E. Jeune :.....................................................................69
9. Deputy I.J. Gorst : ......................................................................69

PUBLIC BUSINESS.............................................................................69 Deputy P.V.F. Le Claire: .....................................................................70

9. Appointment of Commissioner to the Jersey Law Commission (P.98/2010)..........70

9.1 Senator T.A. Le Sueur (The Chief Minister):...........................................70

9.1.1 Deputy D.J. De Sousa:..................................................................71

LUNCHEON ADJOURNMENT PROPOSED..................................................71

LUNCHEON ADJOURNMENT................................................................71

10. Public Sector Cuts and Alternative Taxation Measures (P.113/2010) .................71

10.1 Deputy G.P. Southern :..................................................................71

1. Senator P.F.C. Ozouf : ...............................................................76
2. Deputy T.M.Pitman:................................................................78
3. The Deputy of St. Mary:.............................................................80
4. Senator A. Breckon:.................................................................82
5. Deputy D.J. De Sousa: ..............................................................84
6. Deputy M.R.Higgins:...............................................................85
7. Senator F. du H. Le Gresley:........................................................87
8. The Connétable of St. Helier:........................................................88
9. Senator T.A. Le Sueur:..............................................................89
10. Senator B.I. Le Marquand:.........................................................90
11. Deputy P.V.F. Le Claire: ..........................................................90
12. The Deputy of St. Ouen:...........................................................92
13. The Deputy of St. Martin:..........................................................93
14. Deputy M. Tadier : .................................................................93
15. Deputy G.P. Southern :.............................................................94

11. Recycling of waste materials: identification of suitable sites (P.97/2010) ............101

11.1 The Deputy of St. John:...............................................................101

1. Senator B.E. Shenton: ..............................................................103
2. Deputy J.B. Fox of St. Helier : ......................................................104
3. Senator T.A. Le Sueur:.............................................................104
4. Senator T.J. Le Main:..............................................................105
5. Senator F.E. Cohen: ................................................................106
6. Deputy A.K.F. Green:..............................................................106
7. Deputy P.V.F. Le Claire:...........................................................107

ADJOURNMENT..............................................................................108

The Roll was called and the Deputy Greffier of the States led the Assembly in Prayer. [09:30]

APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS

1 Appointment of the Connétable of St. Martin to the Health, Social Security and Housing Scrutiny Panel

The Bailiff :

Under F, Appointment of Ministers, Committees and Panels, I understand there is a nomination for appointment to the Health, Social Security and Housing Scrutiny Panel. Deputy Southern .

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

May I just briefly say that I am pleased to be able to invite the Constable of St. Martin back on to the Health, Social Services and Housing Panel, and I am even more pleased that he has accepted but I understand there is an offer, at this time, that any other Member who wishes to serve on the Scrutiny Panel may choose to be nominated, so I await the rush just in case there should be.

The Bailiff :

You are nominating the Constable of St. Martin , is that seconded? [Seconded] Are there any other nominations? Very well, I have pleasure in declaring the Connétable of St. Martin elected to the Health, Social Services and Housing Scrutiny Panel. [Approbation]

1.1.1 Connétable S.A. Yates of St. Martin :

I would like to thank Deputy Southern for his kind invitation. I was not aware that I had resigned [Laughter] prior to my recent surgical operation, but I am very pleased to be back and I hope to be of help. Thank you.

The Bailiff :

A resignation without knowledge, that is a new one. [Laughter] We come on to Questions, and first of all Written Questions.

QUESTIONS

2. Written Questions

1. THE DEPUTY OF ST. MARTIN OF THE MINISTER FOR HOME AFFAIRS REGARDING THE HUMAN RIGHTS COMPLIANCE OF THE DRAFT DRUG TRAFFICKING LAW:

Question

Will the Minister inform Members why, in his view, the Draft Drug Trafficking Offences (Amendment No. 3) (Jersey) Law 201- (P.106/2010) is convention compliant and what Articles are relevant?

Answer

In my view this draft Law is compatible with the Convention rights based on the advice that has been provided to me by the Law Officers' Department.

The States debated the Deputy 's proposition P.84/2010 (Human Rights Law: statements of compatibility) in July 2010, and voted against adopting the proposition. The resource implications of providing the information that the Deputy requested were quantified as being the equivalent of an additional Legal Adviser post within the Law Officers' Department. That Department does not have this additional resource and it is, in my view, unfortunate that the Deputy now appears to be seeking to achieve his aim by asking this type of question whenever a draft Law is lodged.

2. THE  DEPUTY  OF ST.  MARTIN  OF THE MINISTER  FOR  TREASURY AND RESOURCES  REGARDING  THE  HUMAN  RIGHTS  COMPLIANCE  OF  THE DRAFT INCOME TAX LAW:

Question

Given that in response to my written question dated 13th September 2010 (No. 5602) the Minister for Treasury and Resources stated that the Draft Income Tax (Amendment No. 35) (Jersey) Law 201- was considered convention compliant because it applied the existing Income Tax Law (which already applied to partnerships) to the new Partnerships Laws, would the Minister advise why the existing Income Tax Law is convention compliant and what Articles are relevant?"

Answer

On 19th July, 2002 the Comptroller of Taxes sent a letter to the Chair of the Human Rights Working Group at the Policy and Resources Department stating that he had carried out an audit of the Income Tax (Jersey) Law 1961, as amended, together with an audit of procedures and practices. He enclosed a signed and dated declaration that the Income Tax Department had completed such an audit for compliance with the Human Rights (Jersey) Law 2000. It is the Comptroller's opinion that all the Articles and provisions of the Income Tax (Jersey) Law 1961. as amended, are Human Rights compliant.

3. DEPUTY  P.V.F.  LE  CLAIRE  OF  ST.  HELIER  OF  THE  MINISTER  FOR TREASURY  AND RESOURCES  REGARDING  STATES  PURCHASECARD EXPENDITURE:

Question

How much money was spent on purchase cards by Chief Officers in the last 2 years by department and how much was spent by their secretaries on purchase cards for the same period?

Answer

Period 1st September 2008 to 31st August 2010

Department Amount (£)

Chief Officer PA / Secretary Chief Minister's 6351.99 N/A

(Resources) 556.00 N/A

Treasury & Resources 518.24 6,354.78

Home Affairs Economic Development Education Sport & Culture Health & Social Services Housing

Transport & Technical Services Social Security

Planning & Environment Jersey Harbours

Jersey Airport

1,423.58 N/A 6,561.66 118.49 1,832.81 2,239.98

N/A N/A

N/A No PA / Secretary 555.31 256.07

- -

185.63 11,604.74 24,738.11 2,003.54 21,323.68 4,967.63

• N.B. During the stated period, States Departments moved to an automated reporting system for purchase card spending through JD Edwards. The figures reported do not include money  spent  prior  to  this  move  as  this  would  involve  resource-intensive  and  time- consuming analysis of monthly paper returns from card holders. The benefits of providing this  information  are  not  considered  to  outweigh  the  costs  involved  and  would  mean diverting staff from other critical activity or, potentially, buying in the resource needed. All Departments moved to the new system at various dates throughout the period.
• Included are all Chief Officers of Ministerial Departments, the Deputy Chief Executive Officer (Chief Officer, Resources) and the Chief Officers of the Trading Departments.
• Where N/A is stated – the person in that role does not hold a States purchase card.
• As stated in Financial Direction 5.9 the Social Security Department do not use States purchase cards.

• It should be noted that secretaries and PAs use their purchase cards for booking travel and accommodation for their whole departments and not just the Chief Officer in accordance with the States policy in respect of purchase cards.

4. DEPUTY P.V.F. LE CLAIRE OF ST. HELIER OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE DECOMMISSIONING OF THE BELLOZANNE INCINERATOR:

Question

When the new Energy from Waste plant is brought into use what will be the timetable for the decommissioning of the Bellozanne Incinerator, when will the chimney be removed along with the plant, when will the old incinerator be extinguished for the last time and what materials will be burnt in it until that time and why?

Answer

My Department currently propose that, towards the end of this year, a specification will be produced defining the works that are required to demolish and return the Bellozanne incinerator site for further productive use, including removal of the chimney.

Clearly the location of the chimney is very sensitive, in a working area used by members of the public for delivering waste and adjacent to other vital strategic infrastructure, so the working methods would need to be closely scrutinised prior to confirming a precise timescale.

The work will then be tendered to experienced demolition companies, probably in early 2011, with a view to carrying out the work in 2012. In the meantime, a working group is coordinating the changes in service arrangements that are necessary for managing the Bellozanne site once the Bellozanne incinerator is no longer in operation.

Assuming that the La Collette Energy from Waste facility commissioning continues according to plan, the Bellozanne plant should finally be shut down during the commissioning phase.

In the period up until closure, the Bellozanne plant will continue to take the same waste streams it always  has done, although these will  be received  in increasingly smaller quantities as the La Collette Energy from Waste commissioning takes place.

5. THE DEPUTY FOR ST. JOHN OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING AIR TRAFFIC CONTROLLERS:

Question

When NATS (National Air Traffic Services) took over from the local Air Traffic Controllers (ATC) at Jersey Airport, was a (j) category post created and, if so, has any local person now been trained to take on this post?

Has a second (j) category post been applied for by NATS and, if so, for which post?

Why was NATS chosen as sole supplier for the new ATC Centre, did this go out to tender under Financial Directions 5.7 and if not, why not

Was the Senior Air Traffic Control Officer (SATCO) influential in supplying the ATC Centre and was SATCO aware of the budget?

Did the NATS appointed SATCO and the Consultant have any input in the decision to make Air Traffic Assistants redundant?

Answer

1. A 5-year (j)-category licence was applied for and subsequently granted bythe Population Office to accommodate theNATS employee seconded in 2007. A succession planhasbeen developed and is now being implemented.
2. Jersey Airport has not applied for a second (j)-category. The NATS employee originally seconded has now been recalled to the UK and his replacement has assumed the original (j)- category licence for the remainder of the 5-year contract period.
3. Jersey Airport appointed NATS on a sole supplier basis for project management, equipment procurement and integration for the new ATC Centre. The decision, based on the production of a business case, was in accordance with Financial Directions and was undertaken in conjunction with States procurement. Key factors in the decision were risk reduction and value for money for what is a specialist and unique project. Of the nine ATC facilities built in the UK over the past 12 years, NATS have undertaken this role in 7 of them. In fact, they have undertaken the role in the last 6 constructed (Isle of Man, Manchester, Newcastle, Edinburgh, Heathrow and Farnborough).
4. A project management team has been established to oversee the overall ATCC project, acting on behalf of Jersey Airport's Executive Management Team in orderto ensure that correct corporate governance procedures are followed in line with States Financial Directions. While the SATCO offered advice and recommendations all decisions are made by this executive team with the support of the Minister and Ministerial Decisions where appropriate.
5. The SATCO or the consultant had no influence over the decision to make Air Traffic Control Assistants redundant. NATS personnel do offer advice and recommendations but the ultimate decision relating to the ATCA redundancy was that of Jersey Airport's Executive Management Team, Ministers and the States Employment Board.
   6. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING COMPANIES REGISTERED FOR G.S.T. PURPOSES:

Question

Will the Minister produce for members a list of non-finance companies registered for GST with a turnover greater than the GST threshold of £300,000 p.a.?

Will he also inform members of how the list divides between –

1. those companies whose beneficial owners are not resident in Jersey, and are therefore not subject to a 20% tax rate, and
2. those companies whose beneficial owners are resident in Jersey and are subject tothe 20% tax rate?

Will he further update members on the progress of consultations with industry representatives on what tax structures could be put in place to replace Zero/Ten to ensure that a fair balance is achieved between personal and company taxation?

When will the Minister be bringing a Green Paper on company taxation to match his recent Green Paper on personal taxes?

Answer

A full response was provided to Deputy Southern 's first question which he raised as oral questions 5615. It is not possible to provide taxpayer specific information as it is confidential. It would only be possible to provide the number of companies that fall within the criteria requested but it is difficult to see how this would be of relevance.

It is therefore not possible to provide the analysis requested in the second part of the question.

The consultation on business tax matters closed on 13th September and the responses are being analysed. A summary of the responses will be published in due course. It is recognised that, as set out in the consultation document, companies must contribute fairly to the economy. It is equally important that our corporate tax regime remains competitive so that it business continues to contribute to the economy in terms of company and employment taxes. Any changes to the company tax regime which are harmful to business will have a direct and detrimental impact on tax revenues and so put additional pressure on personal taxes.

The recent consultation on the Business Tax Review was a Green Paper. It is possible that a further consultation will happen once the outcome of the Code Group meeting is known and the business tax review work completed.

7. DEPUTY T.M. PITMAN OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE COST OF LEGAL SUPPORT FOR FAMILY X:

Question

Following allegations that the refusal of the Minister's two predecessors to accept advice that the children of Family X needed to receive treatment and support in the UK resulted in an unnecessary cost of £600,000, and in light of great public concern being expressed at the wasting of taxpayers' money and the decision to close facilities such as the hydro-pool and cut back on some public services, will the Minister advise whether this £600,000 is being paid for from the Health budget or whether the bill will be met separately by the Island's taxpayers?"

Answer

The legal costs identified by Deputy Pitman are not being met from the Health and Social Services budget. The Deputy Judicial Greffier is responsible for the payment out of public funds for lawyers in public law children's cases. The details of this case are set out in the response to written question 5596 to H.M. Attorney General by Senator Perchard tabled on the Monday 13th September 2010.

8. DEPUTY T.M. PITMAN OF ST. HELIER OF THE CHAIRMAN OF PRIVILEGES AND PROCEDURES COMMITTEE REGARDING ATTENDANCEAT STATES SITTINGS:

Given that attendance throughout States Sittings is required under the States of Jersey Law unless ill, on official States business or otherwise excused by the Assembly and that all States Members are effectively being paid by the Island's taxpayers to attend these meetings (for usually six and a half hours per day for two or three days per fortnight throughout the year with an hour and a half lunch break) in order that Members can listen to and analyse any arguments made in support of or against propositions so that they may then vote from an informed position in the best interests of the taxpaying public, will the Chairman clarify what sanctions, if any, can be brought against Members who abuse the allotted lunch hour to return hours late and/or regularly leave the States building premises for prolonged periods during debates for unofficial reasons; and if none, what action, if any, does the Committee propose to take to address these concerns?"

Answer

The Committee has noted concerns that there are some elected members who appear to spend a significant amount of time outside the States Chamber during States sittings. Standing Orders do not provide for sanctions for those who regularly absent themselves from the Chamber. It is worthy of note that the States Assembly is unusual in its expectation that members will attend meetings unless they have compelling reasons not to do so. Many jurisdictions do not impose any formal obligation to attend meetings of parliament.

In addition, the quorum of the States Assembly is much higher than elsewhere, making it considerably more difficult to absent oneself from the consideration of public business.

The Committee believes that it is the responsibility of members to uphold the requirements of the Code of Conduct and to adhere to their oath of office. Senators and Deputies swear an oath in which each they promise before God, or alternatively affirm as follows –

FORM OF OATH TO BE TAKEN BY SENATORS AND DEPUTIES

You swear and promise before God that you will well and faithfully discharge the duties of (Senator) ( Deputy ); that you will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, her heirs and successors, according to Law; that you will uphold and maintain the laws, privileges, liberties and franchises of Jersey, opposing whomsoever may wish to infringe the same; that you will attend the meetings of the States whenever you are called upon to do so; and generally that you will fulfil all the duties imposed upon you by virtue of the said office. All of which you promise to do on your conscience.

The Connétable s also make a similar commitment as part of their oath - "assistant aux Etats lorsque vous en serez requis" ("attending the States where you are required to do so").

Monitoring presence or absence from the States Chamber would not be an exact science, and would require staffing to implement. Some brief absences are perfectly understandable, and it would be necessary to distinguish between a brief absence and an unacceptable more prolonged one. This might need to be coupled with finding out whether the member is undertaking important business in connection with his function as a States member and if the reason for absence is satisfactory.

The Committee believes it should not be necessary to monitor members' attendance in this way, given that the Oath of Office charges the member to attend meetings of the States on his or her conscience'. It would be difficult for the Committee to address a question of conscience if a complaint were received that a member had breached paragraph 2 of the Code of conduct for elected members, which states:

"Elected members must give due priority to attendance at meetings of the States in accordance with the terms of their oath of office and should be present in the Chamber when the States are meeting unless they have very compelling reasons not to do so."

Should the Privileges and Procedures Committee receive a complaint with evidence that a member has breached paragraph 2 of the Code, it would endeavour to consider it in accordance Standing Orders and determine any sanction accordingly.

The Committee is conscious of finding ways to address the matter of absence from the States Chamber. There was concern that members were leaving the Chamber for long periods of time in order use the computer room on the ground floor of the States Building for example to refer to Hansard or to Reports on matters relevant to the ongoing debate. The Committee hopes to have addressed this to some extent with the installation of computers directly outside the Chamber which should be used for quick reference during debates.

9. DEPUTY T.M. PITMAN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING POSSIBLE TAXATION INITIATIVES:

Question

Further to suggestions within the public consultation document regarding possible taxation initiatives to increase taxation rates on those earning more than £100.000 to 30%, will the Minister outline how much additional taxation revenue could be brought in by –

1. taxing individuals earning £100,000 or above at 25%.
2. taxing households (couples) earning £100,000 or above at 25%.

What evidence, if any, exists to suggest that such an initiative would cause individuals to leave the Island?

What evidence, if any, existed to justify the suggestion that individuals might leave if taxed at 30% as included in the consultation document on possible taxation alternatives?"

Answer

The amount of extra tax from 25% over £100k income would be around £15 million based on Jersey's database of individuals and married couples. It was not possible to calculate what the extra revenue would be for everyone on an individual basis in the time available.

Increasing our standard rate of income tax to 25% or 30% would be a significant change to our tax regime which would put us above that of our main competitors such as Guernsey, Isle of Man and Singapore, and end our reputation of long term stability.

The consultation report[1] which analyses the responses by individuals and businesses stated:

"However, many thought the option would be detrimental to business, and to the island as a whole some were concerned that businesses and high earning residents would relocate or that Jersey would be less attractive to new businesses."

Jersey Finance, based on their own survey which saw input from over 1,200 individuals and firms, responded to the consultation. They discussed the possible impacts on job quality and numbers, entrepreneurship and the loss of international competitiveness and reputation for stability. They ended by saying "In summary it is our opinion that a 30% tax rate would be disastrous for the Island economy."

10. DEPUTY T.M. PITMAN OF ST. HELIER OF THE CHIEF MINISTER REGARDING AMENDMENTS TO THE BUSINESS PLAN:

Question

Following Senator B.E Shenton's decision to withdraw the vast majority of the numerous amendments he had lodged to the Draft Annual Business Plan 2011 (P.99/2010) shortly before the actual debate, after States Members had spent time preparing for the debates, would the Chief Minister advise what approximate cost was incurred by the taxpayer for the time spent considering and researching responses to these amendments by the various Ministers and their departmental staff?

Answer

The amendment process is part of the democratic process, and is set out by the Public Finances (Jersey) Law 200-. It gives States Members an opportunity to suggest changes to the draft Business Plan after it has been lodged.

Unfortunately it is not possible to provide meaningful and accurate estimates of the cost of this process without incurring further costs to the taxpayer. However it easy to see that this process resulted in a significant piece of work, particularly in light of the number of amendments received, for both officers and Ministers. This work, involving hundreds of hours of officers time, was carried out over a short period of time from the deadline of the Amendments being submitted to the Greffe up until the debate.

11. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE CARE OF VULNERABLE CHILDREN: Question

Will the Minister advise the age of the child suffering with serious' liver damage from alcohol abuse who has not been to school for 18 months and is the alleged victim of years of sexual abuse has had to be locked up' because no suitable accommodation is available?'

Will she advise where this child would have been admitted to under normal circumstances and explain - in detail- why this was not possible on this occasion?

Answer

States Members are reminded of the following requirement which appears in paragraph 8 of the Code of Conduct -.

" members should not disclose publicly, or to any third party, personal information about named individuals which they receive in the course of their duties unless it is clearly in the wider public interest to do so. Elected members must at all times have regard to all relevant data protection, human rights and privacy legislation when dealing with confidential information and be aware of the consequences of breaching confidentiality."

It is my opinion that any further disclosure of information in relation to this case or the individual concerned serves no public interest and indeed would only increase the risk of causing significant damage to the individual in addition to adding to the potential for their personal identification.

Whilst matters of policy should quite rightly be exercised in the public domain, it is unhelpful for individual cases of such sensitivity and complexity to be the subject of a public running commentary.

If I were to provide the information requested I would, in my opinion, be acting contrary to the Code of Conduct and would risk breaching the duty of care owed to this individual to promote their welfare and as such I am not prepared to release the information requested.

I am however, pleased to provide Members with confirmation of the range of accommodation available to vulnerable young people in need. In terms of children's homes La Preference provides for older young people 14-plus, whilst Heathfield focuses on a small number in the younger age group and the White House is a small therapeutic unit. Added to this is the availability of supported accommodation at St. Mark's Hostel and through our partner agency the Jersey Association for Youth and Friendship. In addition we have access to rented accommodation in the public and private sector for young people supported by the Care Leaving Team or other community based staff. These services are complemented by a range of foster placements, used primarily though not exclusively for younger children.

In terms of plans for the future, the Brig-y-Don premises will shortly be re-designed and re- furbished to create a new fit for purpose setting, facilitating the closure of one of the existing homes which is no longer appropriate for the provision of residential care to modern day standards. In addition, the old Les Chenes building is shortly to be developed into 6 purpose built bed sit units for young people moving towards independence.

As members will see, there is a substantial range of accommodation available now, with further improvements coming on line in the near future. However, that accommodation needs to be carefully matched to the child who requires it, taking into account not only their own needs but those of existing residents. The risk of unjustifiable disruption to the hard won stability of an existing resident group must be weighed in the balance, as must the risk to the new resident of exposure to adverse influence if joining a group of residents whose behaviours remain challenging and unstable. The specific vulnerabilities, wishes and feelings of all the individuals involved and the capacity of the care team to meet any specialist needs identified, must be carefully assessed and where necessary mitigated before a placement can be made. It is for this reason that, notwithstanding the good and growing range of placement alternatives which exist, it is not always possible to immediately access an appropriate setting, and there are equally times when an identified setting suddenly becomes unavailable because of the greater need of another child. I can assure members that when such difficulties arise, my officers work swiftly and creatively to promptly identify and put in place appropriate alternatives.

12. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR HOME AFFAIRS REGARDING THE FINANCIAL STATUS OF THE FOUR SEASONS GROUP:

Question

Is the Minister satisfied that the Highlands Residential Home or its parent company, the Four Seasons Group, are in a secure financial situation to fulfil their obligations to the Health and Social Services Department and what enquiries, if any, has the Minister made to determine this is the case?

Answer

In order to provide some context to the Deputy of St. Brelade 's question, it is important to note that the Four Seasons Health Care Group is the third largest commercial provider of care homes in the United Kingdom (UK).

The Group operates approximately 16,730 beds within 420 care homes. 80% of their clients are funded by UK Local Health Authorities and the National Health Service. This provides a solid business base. In addition, the Group owns 68% of the homes it operates which gives it a strong asset base. The Group also enjoys a reputation better than the industry average for the quality of its homes, where 84.5% of the homes are classified as good or excellent.

As far as Jersey is concerned the Group operates three homes namely Silver Springs, La Haule and Highlands, all of which enjoy a good reputation for the quality of care provided and they continue to fulfil their obligations to the Health and Social Services Department.

The department is fully aware of the financial situation of Four Seasons Health Care Group as a result of its financial due diligence processes. This is a staged process whereby a financial picture of a third party organisation is built-up through review of local accounts to group accounts and if felt necessary the purchase of an independent Dunn & Bradstreet (D&B) comprehensive finance risk report.

In the case of the Four Seasons healthcare group the D&B report indicated a high risk of business failure which led to exchanges with the group's Commercial Director and ultimately to a meeting with him and senior officers of my department in May 2010.

I would want to assure the Deputy and the House that my Department has and will continue to monitor the financial situation facing the Group balanced against the risk of delayed discharge in the hospital and the lack of suitable alternative provision for this client group on the Island.

13. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR HOME AFFAIRS REGARDING THE IMPRISONMENT OF A DIAGNOSED SCHIZOPHRENIC:

Question

In the context of the recent situation where a diagnosed schizophrenic was 'reluctantly' sent to prison by the court because no other suitable facility was available, will the Minister advise where the individual, in this particular case, should have been sent, why he was not and whether the Minister considers that this is satisfactory?

Will he also advise what steps, if any, he is taking to resolve this situation and/or similar situations happening again?"

Answer

Sentencing policy is a matter for the courts.

There are difficulties in Jersey in this area, which are caused by the familiar problem of a small jurisdiction not being able to provide the full range of services which would be provided in a larger jurisdiction. This particularly applies in the area of secure accommodation for psychiatrically ill offenders. In the UK there are a number of levels of security for such people from Rampton and Broadmoor down to low levels of security.

The situation is further complicated by the fact that prisoners who are suffering from mental illness and are taking medication may be well for long periods of time. If they become ill then arrangements are made for them to be temporarily transferred to a psychiatric hospital under prison guard. The big area of difficulty arises in relation to psychiatric prisoners who are ill for most of the time. In recent years the position has improved with a number of these having been transferred to secure psychiatric hospitals in the UK. In recent years there has also been an improvement in services within the prison.

The prison has a Consultant Forensic Psychiatrist who visits the prison on a weekly basis to carry out assessments and provide professional care and support. The prison also benefits from the services of a Community Psychiatric Nurse who attends one day per week to manage a prisoner case load and three of the Prison's nurse officers are Registered Psychiatric Nurses. Most prisoners with a history of mental illness are kept stable by the administration of appropriate medication.

I have, in the past, held meetings with the Minister for Health and Social Services to discuss this issue and it is the subject of ongoing discussions. Although the current situation is not ideal, I accept that it is the best which can be provided within the available resources.

14. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING ZERO/TEN TAXATION:

Question

Will the Minister state whether anything was officially given in writing from the European Union and/or the UK Government that lead to his belief that 'Zero/Ten', in its current form, would be EU compliant and, if so, will he provide the relevant text?

With regard to Zero/Ten, will he advise whether he has received any feedback from the Jersey public in relation to the policy's apparent inequity (where local companies pay tax locally and non- local ones, trading in Jersey, do not)?

Will the Minister advise if and how he is planning to amend Zero/Ten as it currently stands? If there are no amendments, will he say if and by what mechanisms he is planning to recapture lost revenue from non-resident companies trading in the Island?"

Answer

Jersey's Zero/Ten regime has not yet been formally assessed by the Code Group and as a result no formal communication has been received. However during the design and implementation of the regime public assurance was given that a Zero/Ten regime would not be harmful.

As set out in the consultation document, public reports from ECOFIN and the Code Group issued in 2003 and 2006 respectively made it clear that Jersey's proposed replacement regime was not considered to be harmful by the Code Group.

Specifically, in the report of the ECOFIN meeting dated 3rd June 2003 it states: the Code Group has considered the proposed revised or replacement measures.andhas found that none of these are harmful within the meaning of the Code.'

This report refers to a Code Group report which shows clearly that Jersey's Zero/Ten regime was included as one of the proposed replacement measures.

The relevant wording in the Code Group's report to ECOFIN dated 28th November 2006 is set out in the consultation document. Although this report specifically referred to the IOM's regime, the concept is the same and so it was clear that even in 2006 there was support for the Zero/Ten regime. There has been no subsequent statements by ECOFIN or the Code Group to suggest that this view has changed.

There were a number of comments in the responses to the public consultation that refer to the apparent inequity of the Zero/Ten regime. A summary of responses to the consultation will be published in due course.

As set out in the public consultation document, the review is investigating whether it is possible to recoup any of the loss from business that resulted from the introduction of Zero/Ten. This inequity is recognised and if possible it will be addressed but only if there is a solution which will not result in the net decrease in tax contributed by business. It is important that there is a full understanding of the impact of any alternative regime before any decision is made to make any changes. Also given the fact that the Code Group is about to assess the regime, it would be imprudent to make any changes at this time. In fact the EU Commission advised Government officials directly that making changes to the regime during the assessment process can cause confusion and may affect the outcome.

15. DEPUTY G.P.  SOUTHERN OF ST. HELIER OF THE MINISTER  FOR SOCIAL SECURITY REGARDING THE PRIVATISATION OR OUTSOURCING OF PUBLIC SERVICES:

Question

In the light of the potential for the privatisation or outsourcing of public service delivery in stage 2 of the CSR, can the Minister confirm that TUPE (Transfer of Undertakings Protection of Employment) legislation has already been drafted?

Does he consider that such legislation needs to be in place as soon as possible and will he advise members when he intends to bring TUPE legislation to the Assembly?

Answer

Legislation to protect employees in business transfer situations has been drafted, subject to further discussion and resolution of one outstanding but fundamental point relating to the definition of a relevant transfer'. This includes complex jurisdictional issues.

Advice has been received and discussion is ongoing. This is particularly important in view of the UK Coalition Government's plan to review the scope of the definition of a relevant transfer' in their equivalent legislation.

The Minister is further considering these issues and will bring forward the legislation before the end of the year.

Whilst introducing the legislation is important, the Minister believes that providing the States continues to adhere to the principles of TUPE ahead of the legislation's interpretation, improving States services and their efficient delivery should not be held up.

16. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE IMPACT OF PUBLIC SERVICE CUTS ON VULNERABLE HOUSEHOLDS:

Question

In the light of the reservations expressed by Dr. Harkness in her report to the Corporate Services investigation of the CSR, will the Minister advise members what specific actions he will take to identify the extent to which public service cuts affect households' welfare and in particular the poorest and most vulnerable amongst them?

Will he further undertake to produce an analysis of the impact of the proposals contained in stage 2 of the CSR on the poorest households along with the measures he proposes to protect these households?

Answer

The Council of Ministers is committed to minimising the impact of the CSR on vital public services and income support with the objective to minimise the impact on the less well-off in our society. In addition, by boosting economic growth, the intention is that any public sector job losses will have minimal impact as Dr. Harkness states. Ministers will continue to strike a balance between delivering savings and preventing tax rises but also protecting vital public services and the impact on all households, particularly the less well off in Jersey will be taken into account in the Council of Minister's decision making.

17. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING POSTAL LICENCES:

Question

Will the Minister act to suspend any further action on the granting of additional postal licences until the employment and universal service provision issues at Jersey Post have been resolved, and if not why not?

Answer

The Postal Services Law (2004) has as its preamble the statement: A LAW to abolish the exclusive privilege of the States in postal services'. The Law takes a pro-competition stance and gives the Minister certain duties, to perform his functions in such manner as he considers is best calculated to protect and further the interests of users of postal services, and to perform them, by promoting competition among persons engaged in commercial activities connected with postal services in Jersey. Other duties refer to promotion of efficiency, economy and effectiveness; to consider the economic interests of Jersey; and to impose a minimum of restriction on persons engaged in commercial activities connected with postal services. The Minister must also have regard to any special needs of persons who are disabled or have limited financial resources or have particular needs.

To effect this the Minister has a power to direct the JCRA on matters of social and environmental policy in postal services, but he does not have a power to prevent the JCRA from issuing a licence under the Law. As Members will note from the description of duties just mentioned, the Law states that the Minister should impose a minimum of restrictions by promoting competition. As such I simply cannot interfere with the lawful duties of the JCRA under the Law. What I can do, and have done, is revisit the Universal Service Obligation (USO). Analysis of the responses to the public consultation is near completion. If the results support a redefining of the USO then I will ask the JCRA to ensure that this is taken into account when it makes a decision on licensing third parties, indeed, I intend to present the results of the consultation to the States together with the comments of the JCRA so that the States can have an informed debate on the future of postal services in this Island. That is a debate that needs to take place, but it needs to take place in an informed way once the consultation report has been completed. I expect the department to have this ready by the second week of October.

18. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HOUSING REGARDING THE PROTECTION OF LOW INCOME HOUSEHOLDS IN RESPECT OF RENT RISES:

Question

In the light of large rises in rent levels in the private sector and the rent rise announced by the Jersey Homes Trust, what actions, if any, will the Minister consider putting in place to protect low- income households in the short term, while we await his longer term plans?

Will the Minister further assure members that any proposals he brings to stage 2 of the CSR will protect low-income households?

Answer

I am grateful for this question as it provides an opportunity for me to clarify responsibilities in this area.

Supporting low income households in being able to afford to adequately house themselves is a matter which, since the introduction of Income Support, has been the responsibility of the Minister for Social Security and his Income Support system.

It has been agreed that one of the States 2011 CSR savings will be to freeze the housing component of Income Support at 2010 levels. As a reaction to that and to protect social housing tenants in the short term I elected not to raise the capped level of the fair rents chargeable for social rented accommodation, as had been planned in October this year.

It is a fact that social housing rents are already significantly behind market levels and it is unrealistic to think that social housing rents can be frozen indefinitely. We should all be concerned that the variance to market rent levels provides a hidden subsidy for a proportion of tenants.

It is clear that rental values and house prices are closely correlated and driven by the general supply and demand for housing in the Island. It follows that the best way to remedy rising rents and house prices is to balance supply and demand, while providing social housing, benefits, and affordable housing schemes, such as Jersey Homebuy, to those least able to afford adequate housing on their own.

When it comes to providing financial assistance, the most effective way of helping low income families is through the Income Support system and not for the continuation of hidden subsidies which mask the problem and hide the true cost of social benefits.

A review of Income Support is planned and I will be working closely with the Minister for Social Security in respect of the housing component. We will ensure, through that process, that the impact of any future CSR savings on low income households is properly assessed.

In the long term, I am of the view that the only sustainable way of ensuring that those on limited incomes can adequately house themselves is through the provision of suitable affordable homes. I am committed to seeing the social housing sector grow and am relying on the Minister for Planning and Environment to ensure that the Draft Island Plan 2010 delivers sufficient numbers of affordable homes over the next 10 years.

19. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING RESPITE CARE:

Question

Will the Minister advise how the lack of suitable care and respite units for vulnerable and/or chronically disabled children (e.g. Oakwell) is being addressed?

Will she advise how many beds there are at Oakwell; confirm that these are meant for short term 'respite' care and advise how many of these beds are currently being used for non-respite purposes (i.e., Monday-Friday or longer periods)?

Answer

Under normal circumstances there is no lack of suitable care and respite units for vulnerable and/or chronically disabled children. In comparison with many UK authorities Jersey, as a small jurisdiction, provides a good level of residential beds offering such residential respite care. We currently have Oakwell and Eden House, run by H&SS Special Needs Service, and Maison Allo, run by Les Amis on behalf of Jersey Mencap.

All of our services used for children's residential respite have historically been used on a flexible basis and this remains so. Oakwell currently has four beds at its disposal and this unit has a primary role of providing short term respite care. It is regularly used for planned breaks, holiday breaks, shared care arrangements, and has on several occasions been used as a long term home for individual children.

It remains essential that H&SS is able to respond to statutory responsibilities to safeguard the welfare of children. This means we have to be flexible to respond to any prioritised need, on behalf of children and their families.

3. Oral Questions

1. Deputy P.J. Rondel of St. John of the Chief Minister regarding the security of the States computer system:

How secure is the States computer system and access to the various databases, and have there been any breaches over the last 3 years through the loss or theft of equipment holding confidential information?

Senator T.A. Le Sueur (The Chief Minister):

I am advised that there have been no reports of breaches of the States computer system in the last 3 years due to the loss or theft of equipment holding confidential information. The States computer system has many controls in place to prevent security breaches and is regularly audited. This security is generally found to be adequate, however there are continual improvements being implemented, often following audit recommendations. For example, following audit recommendations a pilot for encrypting data on laptop computers is scheduled for later this year.

1. The Deputy of St. John :

I am really surprised at the Minister's response, and I must ask whether or not he checked with all of his Ministers, at the Council of Ministers, if that is correct. Will he confirm that I handed a U.S.B. (Universal Serial Bus) stick or dongle - call it what you will, - memory stick, registered to Social Security to the Minister for Social Security only at our last sitting, therefore will the Minister confirm that he has spoken to all the Ministers?

Senator T.A. Le Sueur :

No, I directed my question to the head of computer services who is the person responsible for security of the system, and I specifically, knowing that the Deputy of St. John does not ask questions without a reason for it, pressed him on this point and he said that there had been no reports of breaches to him. I did not ask individual Ministers because it is the head of computer services who is responsible for security.

2. The Deputy of St. John :

Given that there has been a breach in the security within the computer system, will the Minister undertake a full review of the security system within our States and report back to this House within the next 6 weeks as to what he has found and speak to all his Ministers, in particular when it comes to sensitive equipment, like Social Security information, that is being left around?

Senator T.A. Le Sueur :

I will certainly pursue the matter, but I would point out that the question talks about security within the computer system. I cannot speak for security of matters which are allied to but not directly linked in the computer system if dongles or U.S.B. pens or other things are left lying around, and this may well be the case. It is not something that has been reported to the department concerned. But I will take up the point of the Deputy .

2. Connétable A.S. Crowcroft of St. Helier of the Minister for Education, Sport and Culture regarding the inclusion of local history in the educational curriculum:

Does the Minister believe that there is sufficient attention paid to learning about local history in the educational curriculum, and will he agree to promote research into and awareness of the significance of such events as those which took place on this day on 28th September 1769?

Deputy J.G. Reed of St. Ouen (The Minister for Education, Sport and Culture):

Local history always has and always will play a significant part in the school curriculum. For the past year significant time and resources have been invested in producing a new Jersey History Unit for the primary curriculum, which will be launched in early December. This unit of work includes the key topics in the development of Jersey's independent status and relationship with the Crown. Currently the revolt that took place on 28th September 1769 is not identified as an individual topic on the timeline of significant events over the past 806 years. However, I will ask the researchers and authors to consider its inclusion.

[09:45]

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

I would just like to ask the Minister, once his people have done the research would he consider proposing, as the Minister for Culture, that it becomes a national holiday? We can celebrate our progressive history.

The Deputy of St. Ouen :

I know my duties are many but unfortunately I am not able to determine public holidays.

3. Deputy G.P. Southern of the Minister for Treasury and Resources regarding the use of Article 134AoftheIncomeTax(Jersey)Law1961overthepast10yearstopreventtax avoidance:

Will the Minister inform Members how many times the Comptroller of Income Tax has used Article 134A of the Income Tax (Jersey) Law 1961 annually over the past 10 years to prevent aggressive tax avoidance by individuals or companies, how much tax has been recovered from each and what is the estimated additional tax revenue which might be generated from greater attention to aggressive tax avoidance?

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

In the short time available to research this answer it has not been possible to gather all of the information for the whole of the last 10 years. What I would say to the Deputy is that information in respect of tax investigations undertaken by the Taxes Office is published in the Comptroller's annual report and they are all available on the States website. As an indication, however, I can say that 373 taxpayers were challenged in 2008 and 284 taxpayers were challenged in 2009. Just in relation to tax-driven structures, which turn taxable income into non-taxable capital, this challenge has involved £57 million in 2008, of which 31 was taxed under Article 134A and £43 million in 2009 of which £22 million was taxed under Article 134A. These figures are indicative of previous years' challenges under the Article for similar challenges. Experience, I am advised from the Comptroller, has said that the very warning or threat of invoking Article 134A is very effective and sufficient to encourage most taxpayers to pay the right amount of tax. I am currently undertaking a review into whether improved efficiencies and tax policy changes could be introduced to ensure that all Jersey taxpayers pay the tax that they are legally obliged to do so. I will be making various announcements in this area in the budget, and also announce a target of additional tax that I am attempting to ask the Tax Department to collect.

1. Deputy G.P. Southern :

Given the attention paid in the U.K. (United Kingdom) by the Liberal Conservative alliance, to helping to fill their deficit with avoided tax, the target he is setting, can he give us an idea of what sort of figure he might be looking for from the Tax Department?

Senator P.F.C. Ozouf :

I am certainly not the Business Secretary of the United Kingdom, and I am certainly not going to speak as though this was a party conference, which is designed to make a number of statements in the public arena, no doubt, to woo party members of a coalition government. I am certainly also not, I am afraid, going to say anything in relation to what is contained in the budget, which is going to be announced to Members on 22nd October. What I will just repeat and say is that we have been undertaking a quite comprehensive review of the Tax Department in order to direct resources in order to collect the tax that is due by taxpayers in Jersey. We have low tax in Jersey and tax at the low rate should be collected and I am going to give, and my Assistant Minister is going to ensure that we get the maximum resources in to collect the tax that is due, and changes will be made.

2. Deputy G.P. Southern :

Will the Minister inform Members whether the collection of tax is made yet more difficult by the continued absence of a Deputy Comptroller in the department?

Senator P.F.C. Ozouf :

We have been looking, in fact, at the whole structure of the Tax Department and, indeed, it is fair to say that there have been a number of requirements to strengthen the management within the Tax Department. We are now greatly assisted by the Director of International Tax, who also helps very much on tax policy matters. We have had an additional post in the Treasury dealing with these issues, and certainly the review of the Tax Department that is currently going on is going to make some further changes to the management structure to fortify the Tax Department to collect more revenue. This is one area where I think Members actually want us to spend more money in order to collect the right amount and the appropriate amount of tax.

3. Deputy G.P. Southern :

I will try an alternative approach to get an answer to the question. How long has there not been a Deputy Comptroller in position, and surely does this not make the collection of tax more difficult?

Senator P.F.C. Ozouf :

I am not going to discuss personnel matters in the Assembly. It would be inappropriate for me to do so. All I will say is that we are reviewing comprehensively the structure of the Tax Department, and, yes, of course, the absence of a Deputy Comptroller will make life somewhat more difficult. The Deputy knows himself that it is difficult to ask the Tax Department to get information for information purposes, but the Tax Department do their best and we are doing our best to help them in this review.

4. Deputy F.J. Hill of St. Martin of the Minister for Economic Development regarding a review of the fee structure relating to the Licensing (Jersey) Law 1974:

Given that on 26th September 2007 the States approved P.117/2007 and requested the Minister to review the fee structure relating to the Licensing (Jersey) Law 1974 and for the review to be finalised and the findings published no later than 1st August 2008, will he inform Members why the findings have not been finalised and how much revenue has been lost due to the freezing of fees in 2007?

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

The Deputy of St. Martin quotes selectively in his question regarding what the States approved in P.117/2007. That proposition asked for a review of the current liquor licensing fees and it also asks, and I quote: "To finalise the review and publish its findings no later than 1st August 2008." But interestingly it also stated that no increases should be made before these licensing fees had been reviewed. Therefore P.117 only addressed the licensing fee structure and not the rest of the Licensing Law, which is also being reviewed. During the debate on P.117 I gave an assurance to the Deputy that no fee increases would be brought until the entire law had been reviewed. To honour that undertaking I did not seek any increases in 2009 or 2010. I accept that the review has taken much longer than anticipated but it also has proved to be one of entrenched and opposing views from many stakeholders. It is therefore an extremely complex area, which the Deputy will appreciate, and we are working with other departments who are also involved in the matter.

1. The Deputy of St. Martin :

I know I picked up an infection last night flying back on the flight, but I think I failed to hear all the answer or maybe it was not given. I did ask what sums of money had been lost because there has not been a fee increase for the last 3 years? I did not get that answer. Is the Minister able to give it?

Senator A.J.H. Maclean:

The loss of fees is difficult to determine with accuracy because, of course, subject to the review, some fees would have gone up and some would have gone down, but we estimate in the region of about £25,000. I would also add that it is a somewhat surprising question from the Deputy because I notice that he supported Deputy Power's impôts proposition in December of last year where he stated that he did not think it was reasonable to increase taxes at this particular time when we were introducing pay freezes. So he seems to have a differing view, but that is another matter.

2. The Deputy of St. Martin :

No doubt it is quite easy to say that. Would the Minister say it is £25,000 a year or £25,000 over the 3 years?

Senator A.J.H. Maclean:

£25,000 has been lost by not increasing the fees in the period stated, approximately.

3. The Deputy of St. Martin :

Last year in answers there was a similar type of question, we were informed the Green Paper was due in February 2010, 8 months ago, is the Minister in a position to tell Members or, indeed, the public when this Green Paper is going to be finalised and, indeed, when the law, which was supposed to be brought back to the House in 2008 is going to be brought forward for Members to discuss?

Senator A.J.H. Maclean:

Again, as I have stated, I understand the frustration in this area. It is simply down to constraints in terms of resources. Nevertheless the consultation has now closed. We anticipate being able to publish the results before the end of this year, and then seek the law drafting time next year, hopefully to be able to bring a new law before the States by the end of next year.

5. Senator S.C. Ferguson of the Minister for Health and Social Services regarding the collegiate Medical Director:

Would the Minister confirm whether there are currently 4 doctors acting as a collegiate Medical Director and, if so, would she explain why this is the case when Verita recommended that a new independent Medical Director should be employed?

Deputy A.E. Pryke of Trinity (The Minister for Health and Social Services):

The Verita report recommends, and I quote: "That the Chief Officer should appoint a new Medical Director in advance of the current Medical Director's retirement as to ensure a smooth transition. As my department was to appoint a new Chief Officer the decision was to delay the appointment of the Medical Director until the new Chief Officer was in post. Naturally when a vacancy occurs, and to ensure cover of this important role, 4 experienced doctors, who are senior consultants and work very closely and are involved, took on the role of Medical Director. This was always a temporary measure. In conjunction with the Managing Director for the hospital, the Chief Officer has revised and expanded the Medical Director's team. In future there will be a Medical Director, Deputy Medical Director and 3 Associate Medical Director posts with particular focus on governance, which includes patient safety; training and education; and informatics. These posts are now being recruited to.

1. Senator S.C. Ferguson:

Given that there is this expansion of this department, is this just another expansion of the top level management in Health? Where are the savings going to be made by not increasing staffing in other areas or reducing staffing in other areas?

The Deputy of Trinity :

This is not increasing the numbers. We hope that it will be an internal post that will be filled to the Medical Director and also the Associates. It is strengthening the Medical Director's team that will have a Deputy Medical Director, so when the Medical Director is away on holiday or courses, or whatever, that there is someone there who will cover.

2. Senator S.C. Ferguson:

I do not quite understand. Does the Minister mean that there will be a Medical Director and then the rest of the team will be doubling-up as Assistant Medical Directors, Deputy Medical Director and also carrying out clinical duties?

The Deputy of Trinity :

As I said, the 3 Associates will be focusing will lead. They will still continue their normal clinical activities but they will have a focus on a particular area. One of the areas will be training and education, governance, which includes patient safety, and informatics.

3. Senator S.C. Ferguson:

I am sorry I did not quite understand. Will these Assistant Medical Directors and Deputy Medical Directors and whatever Medical Directors, actually be running clinical duties as well as their medical duties? Will they be seeing patients?

The Deputy of Trinity :

Yes, I thought I already said that. Yes.

4. Deputy A.E. Jeune of St. Brelade :

Given that the Minister tells us that there will be additional people involved in the directorship of the hospital, the breakdown of clinical time as opposed to admin time will therefore be different. They will need more admin time to carry out their duties and giving less to clinical. As Senator Ferguson raised, how is that going to be dealt with from a cost basis?

The Deputy of Trinity :

As everyone should know, I am very aware of the cost pressures within the hospital, and this will be done within a set budget. The Medical Director is an important role, and I said about the Deputy Medical Director. But also what is important too is the Associate leads and they will continue their clinical practice, but they will have a speciality in those 3 areas.

5. Senator S.C. Ferguson:

We have not really got to the bottom of the fact that we are, for instance, bringing in a Director of Informatics, but does this mean that there will be a reduction in the informatics section in the I.T. (information technology) Department in the hospital?

[10:00]

The Deputy of Trinity :

No, let me make it very clear. We are not bringing anybody in. One of the consultants has a special affinity - if that is the right word to use - on informatics, and good for him because informatics will be important and are important, especially as we go ahead into the future. So to have a clinical specialist with his lead on informatics as well as education training and governance, and patient safety, which must be my number one priority.

6. Deputy T.M. Pitman of the Chairman of the Privileges and Procedures Committee regarding Members' attendance at States meetings:

Given that, unlike our counterparts in Guernsey, the Assembly regularly becomes inquorate despite Members being required to attend (unless ill or otherwise excused) under the States of Jersey Law, the Code of Conduct and, most importantly of all, being paid by the taxpayer to do so, will the Committee agree to look into the possibility of withholding the salaries of Members who leave sittings for many hours for unofficial reasons

Connétable J. Gallichan of St. Mary (Chairman, Privileges and Procedures Committee):

I would refer Deputy Pitman to my written answer of today which deals with the sanctions that are available to address the matter of absence from the States Chamber. As per the written answer, the committee has given considerable thought to the way in which absence from the Chamber could be monitored and would welcome Deputy Pitman to attend a committee meeting should he wish to discuss any ideas that he might have in this regard.

1. Deputy T.M. Pitman:

We are only this past week hearing of additional obscene cuts that will tear the fabric of society apart. In such a climate, does the Chairman not agree that it needs strong action to stop Members slipping off to a day job during sittings, effectively earning money for themselves while being paid for by the taxpayer?

The Connétable of St. Mary :

My understanding, bearing in mind the best use of time of the Assembly, is that questions were to be dealt with on matters that were not already within the public domain. I have answered this question previously at length and I can refer .. this bundle of papers represents the questions that I have answered on this. I wonder if it might be more practical for me simply to remind the Deputy of previous answers.

The Bailiff :

It is a matter for you entirely how you wish to deal with it, Chairman. Deputy Pitman, do you wish a further question.

2. Deputy T.M. Pitman:

Absolutely, Sir. I appreciate the Chairman's response but it is a subject that concerns the public, so it should be a concern for us. What I would ask now is, will the Chairman support the introduction of a register that will identify who is leaving for bona fide reasons, as probably Ministers might have to, to see to their departments or perhaps a Constable has to for his Parish, some urgent incident, or people who are going to work. That is all I am asking for. It is an issue that concerns the public.

The Connétable of St. Mary :

As I have said, I have answered at length on this. This is a matter that has concerned P.P.C. (Privileges and Procedures Committee). There are great difficulties. No monitoring could be set up without intensive staffing. For example, as I mentioned previously, it has not been P.P.C.'s remit to monitor tightly what States Members are doing. There may well be a case where we would be intruding in something confidential a Member was doing on behalf of a constituent that might be very urgent at that time. There are a whole host of reasons why people might not be temporarily in the Chamber, and it is very difficult to see how an efficient monitoring system could be undertaken. Members are expected to deal with attendance at States sittings as a matter of honour, in accordance with their oath, and I think it is a very sorry state if we are moving away from a system of honour.

3. Senator F. du H. Le Gresley:

Does the Chairman agree with me that pursuing personal vendettas between Members is an inappropriate use of question time? [Approbation]

Deputy T.M. Pitman:

Is the Senator impugning my reputation, because I think he should withdraw that if he is? The Connétable of St. Mary:

I would simply say that if that were the case it may well not be appropriate, but I am not alluding any kind of vendetta to the question the questioner has asked.

4. Connétable M.K. Jackson of St. Brelade :

Just an observation really, it is normal in buildings where there are a lot of people working to have some sort of register of those who are in and out, purely for safety and fire records. Would it not be a consideration that P.P.C. would care to consider? Perhaps the Chairman would consider looking into that.

The Connétable of St. Mary :

The actual mechanics of whether people are in the building or in the Chamber are quite simple. We are in the Chamber, we are seen to be here. We are in the building because we swiped-in or swiped-out. That is not really the crux of the matter. The crux of the matter is determining why people are not here at any one time. That is where my concerns about intrusion and also the level of detail that would be required rest. The actual physical presence in the building is something quite easy to ascertain.

5. The Deputy of St. Martin :

I think every year the P.P.C. produces an annual report of the work done in the Chamber, the number of hours used for debating, the number of propositions lodged, et cetera, has the P.P.C. given consideration maybe of showing the number of States sittings that each individual Member attends, also the number of votes each Member is present for, because no doubt that may be quite illuminating to members of the public.

The Connétable of St. Mary :

This information is available on the website generally, especially where electronic votes are taken, but as has been pointed out in the past, when this kind of analysis had been undertaken on an ad hoc basis, there are many reasons why the results were skewed. For example, there might be a whole host of minor votes taken within a half hour period and a Member who was out for just half an hour could miss, say, 8 votes, whereas on another day there might be one piece of business taking the whole day, and Members could be in and out and that not even be recorded by votes. While these ideas are very nice to put forward - and, as I say, P.P.C. is not dismissing them - P.P.C. has given considerable thought It is actually a very complex matter and not as easily identifiable as the Deputy would think.

6. Deputy T.M. Pitman:

Does the Chairman not consider that it really is of importance to the public that when we have Members bringing perhaps a proposition to freeze Members' salary that a member of the public can then look up at see that person is hardly ever in the Chamber and goes to his day job?

The Bailiff :

Deputy , sorry, what was the final bit? Deputy T.M. Pitman:

Does the Chairman not think it is important if a person is bringing a proposition linked perhaps to States Members' remuneration that that person should be able to be checked out to see if the person bringing that is even in the Chamber and earning his money? It is quite clear, I think. Certainly a concern to the public who I talk to.

That question, of course, does relate specifically to another Member, and I would simply refer to answers given previously. There is no impediment in the States of Jersey Law or in our Standing Orders, apart from certain restricted categories of public employee, of a Member having a second place of employment. It is a matter for the electorate to judge how they view that. We are responsible ultimately at the ballot box. I would also reiterate what I have said previously, the people of the Island of Jersey are not fools.

7. Deputy P.V.F. Le Claire of St. Helier of the Chief Minister regarding the protection of staff under the whistle-blowing' policy: