States Meeting Transcript - 05/07/2011

STATES OF JERSEY OFFICIAL REPORT TUESDAY, 5th JULY 2011

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

1. Resignation of the Minister for Planning and Environment............................9

1.1 Senator T.A. Le Sueur (The Chief Minister):............................................9

PERSONAL STATEMENT......................................................................9

2. Senator F.E. Cohen - statement regarding his resignation as Minister for Planning and Environment..........................................................................9

2.1 Senator F.E. Cohen (The Minister for Planning and Environment):.....................10

PETITIONS......................................................................................11

3. Deputy G.P. Southern of St. Helier - petition regarding the restoration of free school milk in Jersey schools....................................................................11

3.1 Deputy G.P. Southern of St. Helier:....................................................11

QUESTIONS.....................................................................................12

4. Written Questions.......................................................................12

1. The Minister for Planning and Environment tabled an answer to a question asked by the Deputy ofSt. John regarding a response to P.21/2010 (Importation of fireworks in 2007 for a charity event: investigation'). .....................................................12
   2. The Chairman of the Privileges and Procedures Committee tabled an answer to a question asked by Deputy R.G. Le Hérissier of St. Saviour regarding web casting...............13
   3. The Chief Minister tabled an answer to a question asked by Deputy R.G. Le Hérissier of St. Saviour regarding the role of HR Directors..........................................13
   4. The Minister for Home Affairs tabled an answer to a question asked by the Deputy of

St. John regarding the Jersey Field Squadron...........................................14

5. The Minister for Home Affairs tabled an answer to a question asked by Deputy T.M. Pitman of St. Helier regarding an alleged leak' of a report.............................16
6. The Chairman of the Public Accounts Committee tabled an answer to a question asked by Deputy T.M. Pitman of St. Helier regarding Historical Abuse Inquiry expenditure. ....17
7. The Minister for Home Affairs tabled an answer to a question asked by Deputy T.M. Pitman ofSt. Helier regarding staff costs for the Wiltshire inquiry......................17
8. The Minister for Treasury and Resources tabled an answer to a question asked by Deputy T.M. Pitman of St. Helier regarding 1(1)(k) residents' tax payments....................19
9. The Chief Minister tabled an answer to a question asked by Deputy T.M. Pitman of

St. Helier regarding political transparency and integrity................................19

10. The Minister for Treasury and Resources tabled an answer to a question asked by Senator B.E. Shenton regarding the income received from the Radisson Hotel. .................20

11. The Minister for Health and Social Services tabled an answer to a question asked by Senator S.C. Ferguson regarding 32 locum doctors.....................................20
12. The Minister for Treasury and Resources tabled an answer to a question asked by

Connétable of St. John regarding annual revenue since the removal of car tax..........21

13. The Minister for Transport and Technical Services tabled an answer to a question asked by the Connétable of St. John regarding the cost of Island roads........................23
14. The Chief Minister tabled an answer to a question asked by the Connétable of St. John

regarding pensions and the public sector................................................23

15. The Minister for Economic Development tabled an answer to a question asked by Senator B.E. Shenton regarding the operation of the States of Jersey Development Company Limited.................................................................................26
16. The Minister for Health and Social Services tabled an answer to a question asked by Deputy P.V.F. Le Claire of St. Helier regarding cancer rates in Jersey..................27
17. The Minister for Health and Social Services tabled an answer to a question asked by Deputy P.V.F. Le Claire of St. Helier regarding radiation levels. .......................30
18. The Minister for Home Affairs tabled an answer to a question asked by Senator J.L. Perchard regarding financial means-testing of prisoners................................31
19. The Minister for Transport and Technical Services tabled an answer to a question asked by Senator B.E. Shenton regarding recorded accidents..................................31
20. The Chief Minister tabled an answer to a question asked by Deputy D.J. de Sousa of

St. Helier regarding the impact of Greece's financial difficulties........................32

21. The Minister for Treasury and Resources tabled an answer to a question asked by Deputy D.J. de Sousa of St. Helier impact of Greece's financial difficulties....................32
22. The Minister for Treasury and Resources tabled an answer to a question asked by Deputy

S. Pitman of St. Helier regarding the cost of suspensions...............................33

23. The Minister for Treasury and Resources tabled an answer to a question asked by Deputy

S. Pitman of St. Helier regarding underspends. .........................................33

24. The Minister for Treasury and Resources tabled an answer to a question asked by Deputy

S. Pitman of St. Helier regarding interest earned by the Strategic Fund.................34

25. The Minister for Treasury and Resources tabled an answer to a question asked by Deputy

S. Pitman of St. Helier regarding payments on terminated contracts....................35

26. The Minister for Treasury and Resources tabled an answer to a question asked by Deputy

S. Pitman of St. Helier regarding tax revenue from GST................................35

27. The Minister for Health and Social Services tabled an answer to a question asked by Deputy M. Tadier ofSt. Brelade regarding qualifications and conditions for staff in private care homes......................................................................36

28. The Chief Minister tabled an answer to a question asked by Deputy R.G. Le Hérissier of St. Saviour regarding the classification of jobs and pay scales for police................37
29. The Minister for Treasury and Resources tabled an answer to a question asked by Deputy R.G. Le Hérissier of St. Saviour regarding repairs to Hautlieu School..................38
30. The Minister for Treasury and Resources tabled an answer to a question asked by Deputy R.G. Le Hérissier regarding the use of commercially sensitive information.............39
31. The Minister for Treasury and Resources tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding 1(1)(k) taxation..................................39
32. The Chief Minister tabled an answer to a question asked by Deputy G.P. Southern of

St. Helier regarding States employees' terms and conditions............................40

33. The Chief Minister tabled an answer to a question asked by Deputy G.P. Southern of

St. Helier regarding work permits. ......................................................41

34. The Minister for Health and Social Services tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding waiting times for physiotherapy. ........43
35. The Minister for Health and Social Services tabled an answer to a question asked by Deputy G.P. Southern of St. Helier regarding a breakdown of savings..................44

36. The Chief Minister tabled an answer to a question asked by the Deputy ofSt. Mary regarding a comparison of targets set by UKauthorities................................45
37. The Minister for Economic Development tabled an answer to a question asked by the Deputy ofSt.Mary regarding the Depositor Compensation Scheme. ...................45
38. The Minister for Treasury and Resources tabled an answer to a question asked by the Deputy ofSt.Mary regarding tax systems and tax burden..............................46
39. The Minister for Economic Development tabled an answer to a question asked by the Deputy ofSt.Mary regarding Jersey Enterprise........................................46
40. The Minister for Planning and Environment tabled an answer to a question asked by the Deputy ofSt.Mary regarding the anomaly identified within the report ofthe Complaints Board into the Construction of a Wall in the Countryside Zone' (R.55/2011). .........48
41. The Minister for Social Security tabled an answer to a question asked by Senator F. du H. Le Gresley regarding survivors' pension................................................48
42. The Minister for Health and Social Services tabled an answer to a question asked by the Deputy ofSt. John regarding private nursing homes. ...................................49
43. H.M. Attorney General tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding super injunctions. ..................................................54
44. The Minister for Transport and Technical Services tabled an answer to a question asked

by Deputy M.R. Higgins of St. Helier regarding the Energy from Waste plant..........56

45. The Minister for Economic Development tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding Air Traffic Control staff. .........................57
46. The Minister for Economic Development tabled an answer to a question asked by Deputy M.R. Higgins of St. Helier regarding the Channel Islands Control Zone. ...............57

5. Oral Questions...........................................................................58

1. Deputy K.C. Lewis of St. Saviour of the Minister for Economic Development regarding the lottery franchise. ....................................................................58 Connétable L. Norman of St. Clement (Assistant Minister for Economic Development -

rapporteur):.............................................................................59

1. Deputy K.C. Lewis :....................................................................59
2. Senator F. du H. Le Gresley:............................................................59
3. Senator F. du H. Le Gresley:............................................................59
4. Deputy P.V.F. Le Claire: ...............................................................60

5. Deputy T.M. Pitman of St. Helier:......................................................60
6. Deputy M. Tadier of St. Brelade:.......................................................60
7. Senator T.J. Le Main: ..................................................................60

8. Deputy K.C. Lewis :....................................................................61

2. Deputy G.P. Southern of the Chief Minister regarding changes to public sector terms and conditions..............................................................................61 Senator T.A. Le Sueur (The Chief Minister):.................................................61

1. Deputy G.P. Southern :..................................................................61
2. Senator S.C. Ferguson:.................................................................61

3. Senator S.C. Ferguson:.................................................................61
4. Deputy R.G. Le Hérissier of St. Saviour:...............................................62
5. Deputy R.G. Le Hérissier of St. Saviour:...............................................62
6. Deputy G.P. Southern :..................................................................62
7. Deputy G.P. Southern :..................................................................62

3. Senator B.E. Shenton of the Minister for Economic Development regarding the use of the Radisson Hotel by States Departments..............................................62 Senator A.J.H. Maclean (The Minister for Economic Development):.........................62

1. Senator B.E. Shenton:..................................................................63
2. Deputy M. Tadier :......................................................................63

3. Deputy T.M.Pitman:...................................................................63
4. Connétable D.J. Murphy of Grouville :..................................................64
5. Senator B.E. Shenton:..................................................................64

4. Deputy P.V.F. Le Claire of the Minister for Health and Social Services regarding the monitoring of air qualityand radiation levels from the nuclear power station near Cherbourg..............................................................................64 Deputy A.E. Pryke of Trinity (The Minister for Health and Social Services):.................64

5.4.1 Deputy P.V.F. Le Claire: ...............................................................64

5. Deputy R.G. Le Hérissier of the Minister for Economic Development regarding restrictions placed upon private aviation for the summer period........................65 Senator A.J.H. Maclean (The Minister for Economic Development):.........................65

1. Deputy R.G. Le Hérissier: ..............................................................65
2. Senator S.C. Ferguson:.................................................................65
3. Senator S.C. Ferguson:.................................................................66
4. Deputy M.R. Higgins of St. Helier:.....................................................66
5. Deputy M.R.Higgins:..................................................................66
6. Deputy P.J. Rondel of St. John : ........................................................67
7. The Deputy of St. John:................................................................67
8. The Deputy of St. Mary:................................................................67
9. The Deputy of St. Mary:................................................................68
10. Deputy C.H. Egré of St. Peter : ......................................................68
11. The Deputy of St. Peter:.............................................................68
12. Deputy R.G. Le Hérissier:...........................................................68

6. The Deputy of St. John of the Minister for Economic Development regarding the new Air Traffic Control system..............................................................69

1. The Deputy of St. John:................................................................69
2. Deputy T.M.Pitman:...................................................................69
3. Deputy F.J. Hill of St. Martin : ..........................................................70
4. Senator J.L. Perchard:..................................................................70
5. Connétable P.F.M. Hanning of St. Saviour : ............................................70
6. The Connétable of St. Saviour:.........................................................70
7. Deputy A.E. Jeune of St. Brelade:......................................................71
8. The Deputy of St. John:................................................................71

7. Deputy T.M. Pitman of the Minister for Home Affairs regarding expenses incurred by the Wiltshire investigation. .............................................................72 Senator B.I. Le Marquand (The Minister for Home Affairs): .................................72

1. Deputy T.M.Pitman:...................................................................72
2. Deputy T.M.Pitman:...................................................................72

8. The Deputy of St. Martin of the Minister for Planning and Environment regarding complaints in relation to the High Hedges Law.........................................73 The Deputy of St. Peter (The Assistant Minister for Planning and Environment - rapporteur):73

1. The Deputy of St. Martin:..............................................................73
2. Deputy R.G. Le Hérissier: ..............................................................73
3. Senator S.C. Ferguson:.................................................................73
4. The Deputy of St. Martin:..............................................................74

9. Deputy S. Pitman of St. Helier of the Minister for Health and Social Services regarding financial support for trainee nurses. ....................................................74 The Deputy of Trinity (The Minister for Health and Social Services):........................74

1. Deputy S.Pitman:......................................................................74
2. Deputy A.E. Jeune :.....................................................................75
3. Deputy R.G. Le Hérissier: ..............................................................75
4. Deputy D.J. De Sousa of St. Helier:....................................................75

5. Deputy S.Pitman:......................................................................75

10. Deputy M. Tadier of the Minister for Economic Development regarding the provision of information relating to qualified and non-qualified employees in the fulfilment sector..76 Senator A.J.H. Maclean (The Minister for Economic Development):.........................76

1. Deputy M. Tadier :...................................................................76
2. Deputy G.P. Southern : ..............................................................76
3. Deputy G.P. Southern : ..............................................................76
4. The Deputy of St. Mary:.............................................................76
5. Senator T.J. Le Main:................................................................77
6. Deputy M. Tadier :...................................................................77

11. Senator S.C. Ferguson of the Minister for Health and Social Services regarding the total number of hours on duty undertaken by Middle Grade doctors. ........................77 The Deputy of Trinity (The Minister for Health and Social Services):........................78

1. Senator S.C. Ferguson:..............................................................78
2. The Deputy of St. Martin : ...........................................................78
3. The Deputy of St. Martin : ...........................................................78
4. Deputy A.E. Jeune : ..................................................................78
5. Deputy A.E. Jeune : ..................................................................79
6. Deputy D.J. De Sousa: ..............................................................79
7. Deputy D.J. De Sousa: ..............................................................79
8. Deputy M. Tadier :...................................................................79
9. Senator S.C. Ferguson:..............................................................79

12. The Deputy of St. Mary of the Minister for Planning and Environment regarding an alleged pollution incident at the Energy from Waste Plant. .............................80 Deputy R.C. Duhamel of St. Savour (Assistant Minister for Planning and Environment - rapporteur):.............................................................................80

1. The Deputy of St. Mary:.............................................................80

2. The Deputy of St. Mary:.............................................................80
3. The Deputy of St. John:..............................................................81
4. The Deputy of St. Mary:.............................................................81

13. The Deputy of St. John of the Minister for Transport and Technical Services regarding the identification of sites for the recycling of waste materials...........................81 Connétable M.K. Jackson of St. Brelade (The Minister for Transport and Technical Services): .........................................................................................81

5.13.1 The Deputy of St. John:..............................................................82

14. The Deputy of St. Mary of the Chief Minister regarding the Napier Review. ...........82 Senator T.A. Le Sueur (The Chief Minister):.................................................82

1. The Deputy of St. Mary:.............................................................82
2. The Deputy of St. Martin : ...........................................................83
3. The Deputy of St. Martin : ...........................................................83
4. The Deputy of St. Mary:.............................................................83

15. Deputy G.P. Southern of the Minister for Treasury and Resources regarding the worldwide incomeof 1(1)(k) residents..................................................83 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................83

1. Deputy G.P. Southern : ..............................................................83
2. The Deputy of St. Mary:.............................................................84
3. The Deputy of St. John:..............................................................84
4. Deputy T.M.Pitman:................................................................84
5. Senator T.J. Le Main:................................................................85
6. Deputy G.P. Southern : ..............................................................85
7. Deputy G.P. Southern : ..............................................................85

16. The Deputy of St. Martin of the Chief Minister regarding the establishment of anti- discrimination programmes.............................................................85 Senator T.A. Le Sueur (The Chief Minister):.................................................85

1. The Deputy of St. Martin : ...........................................................86
2. Deputy G.P. Southern : ..............................................................86
3. The Deputy of St. Mary:.............................................................86
4. Deputy M. Tadier :...................................................................86
5. The Deputy of St. Martin : ...........................................................86

17. Deputy T.M. Pitman of the Minister for Home Affairs regarding the resignation of a States of Jersey Police Officer. .........................................................87 Senator B.I. Le Marquand (The Minister for Home Affairs): .................................87

1. Deputy T.M.Pitman:................................................................87
2. Deputy D.J. De Sousa: ..............................................................87
3. Deputy A.E. Jeune : ..................................................................88
4. The Deputy of St. John:..............................................................88
5. The Deputy of St. Martin : ...........................................................88
6. Deputy J.B. Fox of St. Helier : .......................................................88
7. Deputy T.M.Pitman:................................................................89

18. Deputy M. Tadier of the Chairman of the Consumer Council regarding businesses in the Island that did notpay tax in Jersey. ....................................................89 Senator A. Breckon (Chairman of the Consumer Council):...................................89

1. Deputy M. Tadier :...................................................................89
2. Deputy A.E. Jeune : ..................................................................89
3. Deputy T.M.Pitman:................................................................90
4. Senator S.C. Ferguson:..............................................................90
5. Senator P.F.C. Ozouf : ...............................................................90
6. The Deputy of St. John:..............................................................90
7. Senator J.L. Perchard: ...............................................................91
8. Deputy M. Tadier :...................................................................91

6. Questions to Ministers Without Notice - The Minister for Housing ...................91

1. Senator F. du H. Le Gresley:............................................................91 Deputy A.K.F. Green of St. Helier (The Minister for Housing):..............................91
2. Deputy D.J. De Sousa:..................................................................92
3. Deputy M. Tadier :......................................................................92
4. Senator S.C. Ferguson:.................................................................92
5. The Deputy of St. Mary:................................................................92
6. Senator T.J. Le Main: ..................................................................92
7. Senator J.L. Perchard:..................................................................93

1. Senator J.L. Perchard:..................................................................93
2. Senator J.L. Perchard:..................................................................93

8. Senator S.C. Ferguson:.................................................................93
9. Senator T.J. Le Main: ..................................................................93
10. Deputy A.E. Jeune :.....................................................................94
11. Deputy G.P. Southern :..................................................................94

6.11.1 Deputy G.P. Southern : ..............................................................94

12. The Deputy of St. Peter : ................................................................95
13. The Deputy of St. Martin:..............................................................95
14. Senator T.J. Le Main: ..................................................................95
15. Deputy G.P. Southern :..................................................................95

7. Questions to Ministers Without Notice - The Chief Minister..........................96

1. Connétable G.F. Butcher of St. John:...................................................96 Senator T.A. Le Sueur (The Chief Minister):.................................................96
2. The Deputy of St. Martin:..............................................................96
3. Deputy G.P. Southern :..................................................................96

7.3.1 Deputy G.P. Southern :..................................................................96

4. Deputy A.E. Jeune :.....................................................................96
5. The Deputy of St. Mary:................................................................97

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

6. Senator F. du H. Le Gresley:............................................................97
7. Senator J.L. Perchard:..................................................................98
8. Deputy M.R.Higgins:..................................................................98
9. Deputy D.J. De Sousa:..................................................................98
10. Deputy T.A. Vallois of St. Saviour:....................................................98
11. Deputy G.P. Southern :..................................................................99

7.11.1 Deputy G.P. Southern : ..............................................................99

12. Deputy G.P. Southern :..................................................................99
13. Deputy A.E. Jeune :.....................................................................99
14. Deputy M.R.Higgins:.................................................................100

7.14.1 Deputy M.R. Higgins:..............................................................100

7.15.1 The Deputy of St. John:............................................................100

STATEMENTS OF A MATTER OF OFFICIAL RESPONSIBILITY......................101

8. The Minister for Transport and Technical Services made a statement regarding cycle helmet legislation.......................................................................101

8.1 The Connétable of St. Brelade (The Minister for Transport and Technical Services):..101

1. Deputy M. Tadier :....................................................................102
2. Deputy M. Tadier :....................................................................102
3. Senator S.C. Ferguson:................................................................102
4. The Connétable of St. Saviour:........................................................102
5. Deputy D.J. De Sousa:................................................................103

9. The Chairman of the Corporate Services, Migration and Population Sub-Panel made a statement regarding the control of housing and work..............................103

9.1 Senator S.C. Ferguson (Chairman of the Corporate Services Migration and Population Sub-Panel):............................................................................103

1. Senator P.F.C. Ozouf :.................................................................104
2. Deputy A.E. Jeune :....................................................................104
3. Deputy G.P. Southern :................................................................104
4. Deputy S. Power of St. Brelade : ......................................................105
5. Senator A. Breckon: ..................................................................105
6. Deputy M. Tadier :....................................................................105
7. Deputy M. Tadier :....................................................................106

LUNCHEON ADJOURNMENT PROPOSED................................................106

LUNCHEON ADJOURNMENT...............................................................106

10. The Chairman of the Comité des Connétable s will make a statement regarding the Island-wide rate........................................................................106

10.1 Connétable K.P. Vibert of St. Ouen (Chairman of the Comité des Connétable s): ......106

PUBLIC BUSINESS............................................................................109

11. Draft Control of Housing and Work (Jersey) Law 201- (P.37/2011)..................109

1. Senator P.F. Routier (Assistant Chief Minister - rapporteur):..........................110

1. Deputy P.V.F. Le Claire:...........................................................112
2. Senator A. Breckon:................................................................113
3. Senator S.C. Ferguson:.............................................................114
4. Deputy G.P. Southern : .............................................................115
5. The Deputy of St. Mary:............................................................116
6. Deputy M. Tadier :..................................................................117
7. Deputy C.F. Labey of Grouville :...................................................118
8. Deputy T.A. Vallois:...............................................................118
9. Senator T.J. Le Main:..............................................................119
10. Deputy R.G. Le Hérissier:........................................................120
11. Senator P.F. Routier:..............................................................120

2. Senator P.F. Routier...................................................................126

3. Draft Control of Housing and Work (Jersey) Law 201- (P.37/2011): amendment (P.37/2011 Amd.).......................................................................128

11.3.1 Deputy S. Power:..................................................................129

4. Draft Control of Housing and Work (Jersey) Law 201- (P.37/2011): amendment (P.37/2011 Amd.) - amendment (P.37/2011 Amd.Amd.)..............................131

1. Senator S.C. Ferguson (Chairman, Corporate Services Scrutiny Panel): ............132
2. Senator P.F.C. Ozouf : ..............................................................133
3. Deputy P.V.F. Le Claire:...........................................................134
4. Deputy G.P. Southern : .............................................................136
5. Deputy I.J. Gorst :..................................................................136
6. The Deputy of St. John:............................................................138
7. Deputy D.J. De Sousa: .............................................................140
8. Senator T.A. Le Sueur:.............................................................140
9. Deputy S.Power:..................................................................142
10. Deputy A.K.F. Green:............................................................143
11. Deputy M. Tadier : ................................................................144

ADJOURNMENT..............................................................................145

[9:30]

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

APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS

1. Resignation of the Minister for Planning and Environment

The Bailiff :

I understand the Chief Minister wishes to inform the Assembly of a ministerial resignation.

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

That is right, Sir. It is with regret that I announce that over the weekend I received the resignation of Senator Cohen as Minister for Planning and Environment. While I would have preferred the Senator to remain as Minister for Planning and Environment as well as my Assistant Minister, I do now appreciate that, given the magnitude of the task in international matters, it is not possible to do both roles effectively. I am also convinced that he is by far the best person to develop the profile of external affairs. I have therefore reluctantly accepted his resignation as Minister for Planning and Environment and I am grateful for his ongoing commitment in the field of external relations. I am also grateful for his determination to see the Island Plan and the North of Town Masterplan through the States before announcing his resignation. In this, as well as in areas such as Eco-Active and Percentage for Art, he has left a significant planning legacy for the Island. I look forward to working with him even more effectively in the area of international relations and thank him for all his efforts in Planning and Environment over the past 6 years.

The Bailiff :

Very well. Then, Chief Minister, you will be bringing forward a replacement either at this meeting or, more probably, at the next one?

Senator T.A. Le Sueur :

Quite possibly later in this session since this meeting goes on over 2 weeks.

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

May I ask if the former Minister for Planning and Environment, Senator Cohen, is going to make a statement or not because I would like to ask a question about who is going to

The Bailiff :

Deputy , I was about the say, it is in the Order Paper that he is going to make a personal statement and, if Members agree, it would seem convenient that he make the statement at this stage but, of course, no questions are capable of a personal statement.

Deputy P.V.F. Le Claire:

In that case, without reading the statement - I have not done so - I would like to ask a point of clarification from the Chief Minister in regards to his announcement just now and that is who will be taking over the department in the interim period?

The Bailiff :

The Minister continues in office until his successor is appointed. Very well. Then, I invite Senator Cohen to make his personal statement.

PERSONAL STATEMENT

2. Senator F.E. Cohen - statement regarding his resignation as Minister for Planning and Environment

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

As Members will know, at the end of last year, the Chief Minister asked me to assist him and the Deputy Chief Minister in developing the Island's external relations. Consequently, I was appointed as Assistant Chief Minister with responsibility for External Relations. The objective is to build our relations with other jurisdictions and to further Jersey's international standing and this appointment was in response to the request of the Ministry of Justice that Jersey represents itself in discussions with U.K. (United Kingdom) ministerial departments and with overseas jurisdictions. The former Chief Minister, Senator Walker , had already done excellent work in this area and the current Chief Minister and Deputy Chief Minister have continued this work but it was clear that a dedicated post needed to be established. The objectives set out by the Chief Minister are being achieved through direct discussion and are bearing considerable fruit in a wide range of areas. Specifically, we have obtained ministerial support from the U.K. in relation to the future of our Zero/Ten tax regime through agreeing to remove deemed distribution. Visits to China, India and Israel have delivered considerable success in relation to jurisdictional reputation, culture, education, tourism and business. We have even made representations to ensure that the Jersey BBC News Service budget was retained. However, while we are achieving significant results, the task of assisting the Chief Minister and Deputy Chief Minister requires dedicated commitment and fulltime application. To give but one example, over the last 2 weeks, as a result of the extended Island Plan debate, I have been forced to cancel meetings with over 20 leading parliamentarians and officials at Westminster and Brussels. Consequently, last Friday, I signed 17 letters of apology, as I had been forced to reschedule these meetings. These included letters to the U.K. Prime Minister and Deputy Prime Minister. I am acutely aware that my obligation is to serve the Island in the best manner possible and as this external relations work has grown, it is clear that if I am to carry out my role in this area in the best interests of the Island, I can no longer continue as Minister for Planning and Environment. I have therefore given notice to the Chief Minister of my resignation as Minister for Planning and Environment. There is much important and urgent work needed to be undertaken in the field of external relations. The Chief Minister and Deputy Chief Minister have asked that I

assist in ensuring that the Tax Information Exchange Agreement with India is signed in short order. I will also be signing a Tax Information Exchange Agreement with Czechoslovakia very soon. They also wish that I continue to work with them on securing our Tax Regime Agreement while also monitoring the emerging territorial tax issues relating to Gibraltar and elsewhere. There is also immediate work needed to assist ministerial colleagues in the Health, Education and Economic Development Departments. In addition, promoting the Island's reputation internationally at a cultural level is of increasing importance and I am currently engaged in an important project to facilitate this. It is with great regret that I leave the team at Planning and Environment. I believe that together over the last 6 years, we have delivered substantial improvements to the way the Island's built environment is managed. Over recent weeks, States Members participated in successfully delivering the Island Plan and the North of Town Masterplan, setting out a vision for the Island and delivering enduring sustainability while providing 900 affordable homes. Architecture has improved beyond recognition with the introduction and assistance of the Jersey Commission for Architecture and we are now seeing the emergence of great works of art on all large projects through the Percentage for Art programme. The Eco-Active environmental campaign has delivered huge benefits in the promotion of environmental awareness and the energy insulation grant scheme, thanks to the foresight and support of States Members, has delivered practical environmental help to 1,000 Island families. It is with a heavy heart that I have made this decision but I believe it is a necessary one if I am to serve Jersey effectively in an international relations role. I wish to thank the Chief Minister, Ministers, and every States Member for their support in my role as Minister for Planning and Environment over the last 6 years. Special thanks go to my longstanding Assistant Minister, Deputy Duhamel, and his predecessor, the Deputy of Trinity , together with the Deputy of St. Peter. I particularly extend my gratitude to members of the Planning Applications Panel led with great competence by the Constable of Trinity . I am indebted to my Chief Officer and the exceptionally competent team at Planning and Environment. The

delivery of States objectives would not have been possible without the commitment and dedication of the whole Planning and Environment team. I wish to record my very special thanks to 2 very special people who have assisted me enormously at the Planning and Environment Department over the last 6 years. They are the Director of Development Control, Peter Le Gresley, and my Personal Assistant, Pauline Griffiths. [Approbation] Finally, and most sincerely, I would like to thank my wife for her support. As Members will know, I have been at the firing line for all Planning decisions and recently this has brought its problems, all of which she has borne with grace and fortitude. Thank you all. [Approbation]

PETITIONS

3. Deputy G.P. Southern of St. Helier - petition regarding the restoration of free school milk in Jersey schools

3.1 Deputy G.P. Southern of St. Helier : Do I get to make a little speech or not?

The Bailiff :

Not a speech, but you can certainly make a few remarks.

Deputy G.P. Southern :

A few remarks. Just weighing this 7,268 signatures and beneath it the far prettier, although no less relevant, petition from over 2,000 children, the people who really matter in this debate, I formally present the petition.

The Bailiff :

Very well. Now, under Standing Orders, Schedule 1, the States must refer the petition and the proposition to the relevant Minister, who is the Minister for Economic Development so the matter must be referred to the Minister.

[9:45]

Then you, in fact, have a period to prepare a report. Minister, when will you be in a position to prepare a report? This proposition has, in fact, been lodged for some time, of course.

Senator A.J.H. Maclean:

Yes, I hope to have a report to the Assembly for the next sitting which in reality is next week.

The Bailiff : Next week?

Senator A.J.H. Maclean:

Yes, although it is a continuation I think technically speaking, but next week for certain.

The Bailiff :

So next week, thank you.

Deputy G.P. Southern :

I find that somewhat unsatisfactory since the proposition attached to this petition has been lodged for some time and has been down for debate on this session for some time and I wonder why the Minister has not come with his comments to the House?

Senator A.J.H. Maclean:

I would just comment that I have not seen the wording of the petition so until we have seen that we cannot complete. But the proposition, as the Deputy has quite rightly pointed out, that he has brought, is before the States and will be debated and comments are included with regard to that.

The Bailiff :

Yes, it is just that at the moment, the matter has been listed for debate if we get there this week but, on the other hand, Standing Orders are quite clear that if you present a petition, it has to be referred to the Minister for comment and the Minister clearly cannot comment on the petition until it is lodged. So I would suggest to Members that probably this one has got to be stood over until next week by which time the Minister must present his report.

Deputy G.P. Southern :

You just said "next week". Next week is a continuation sitting.

The Bailiff :

Yes, continuation of this one.

Deputy G.P. Southern :

In the sense that in the continuation

The Bailiff :

In this sitting but in the continuation part of it rather than this week.

QUESTIONS

4. Written Questions

4.1. The Minister for Planning and Environment tabled an answer to a question asked by the Deputy of St. John regarding a response to P.21/2010 (Importation of fireworks in 2007 for a charity event: investigation').

Question

Could the Minister give details of the reasons for the delay in responding to P.21/2011 Importation of fireworks in 2007 for a charity event: investigation', which the Assembly was advised would be circulated by June 2011, and advise when the Assembly can expect the response to be released?

Answer

The report is a detailed document comprising inputs from the Ministers for Home Affairs, Planning and Environment, and Economic Development.

These inputs are supported by a significant number of appendices including correspondence between the event organiser; the pyrotechnics owners and States of Jersey Officers and Ministers. Drawing together the diverse range of documents in their hard copy state and formulating a report which contains sufficient information to limit the need or requests for secondary information has taken longer than was anticipated. As a result of collating the volume of information together, the resulting report will be in excess of 250 pages, which will ensure a thorough examination of the chain of events.

The report is now nearing completion and will be circulated to members following final approval from the sponsoring Ministers. It is anticipated that it will be available to States Members in July.

2. The Chairman of the Privileges and Procedures Committee tabled an answer to a question asked by Deputy R.G. Le Hérissier of St. Saviour regarding web casting. Question

Does the Committee propose to introduce web-casting of the States Assembly and other formal meetings such as Scrutiny proceedings and, if so, when?

Answer

The question of uploading audio of States meetings and Scrutiny hearings has been under consideration for some time.

The Committee has undertaken research into a recommendation of the former Media Working Party that recordings of the States Assembly, committee and scrutiny panel meetings should be made available on the internet. The Committee agreed that, provided there was sufficient demand for such a service, meetings should be broadcast live and be available to listen to on demand until the transcript of that meeting had been uploaded. The Committee agreed in December 2010 that, prior to pursuing such an approach, research should be undertaken into the feasibility of uploading audio from pre-recorded meetings on a trial basis so as to establish whether there was a demand for such a service, as the Committee  was reluctant to incur additional cost if sufficient demand did not exist.

The proposed uploading of audio from scrutiny hearings was raised by the Chairman at the Chairmen's Committee meeting which had been attended by Committee representatives on Thursday 12th May 2011.

The minutes of the PPC's next meeting held on 24th May 2011 state –

"The proposed uploading of audio from scrutiny hearings had been raised by the Chairman at the Chairmen's Committee meeting which had been attended by Committee representatives on Thursday 12th May 2011. At that meeting, concern had been expressed that members of the public might be able to edit the available audio and upload parts of it to other websites. In response to these concerns, the President of the Chairmen's Committee had agreed to refer the matter to the individual scrutiny panels for consideration. The position was noted and the Committee agreed to await comments from Scrutiny in this regard."

The Committee is still awaiting comments from the Scrutiny Panels in this regard, including from the Education and Home Affairs Panel, of which Deputy Le Hérissier is the Chairman.

3. The Chief Minister tabled an answer to a question asked by Deputy R.G. Le Hérissier of St. Saviour regarding the role of HR Directors.

Question

What are the differences, if any, in the roles of the HR Director (Operations) and the HR Director (Strategy and Change)?

How is it intended to entrench change within the public sector with these Directors who are occupying temporary appointments?

Answer

The Human Resources (HR) Director (Operations) is accountable for the delivery of Business as Usual Human Resources via the established HR Units in the departments of the Civil Service and related services such as Harbours and Airports. In addition the role leads on key aspects of the reshaping of the function's services such the introduction of new Resourcing software and Intranet. The HR Director ( Strategy and Change) is accountable for the Terms and Conditions review , the redesign of HR Policies and procedures and Change support to Central and departmental CSR Programmes. In addition the role leads on capacity building in key areas such as learning and development, reward, and organisational development.

Both roles are temporary and are there to bridge the gap prior to the appointment of a new States of Jersey HR Director, which is currently in train. The roles help to maintain the momentum of CSR change and enhance the capacity of existing staff through coaching and development.

4. The Minister for Home Affairs tabled an answer to a question asked by the Deputy of St. John regarding the Jersey Field Squadron.

Question

Could the Minister advise the current numbers of service men and women who form the Jersey Field Squadron and whether the target membership remains 150 officers and men?

Would the Minister detail -

1. the number on the register;
2. the numberwho regularly attend training sessions and how many attended each session over the last 24 months;
3. the number who receive pay for attending training sessions and the amount paid;
4. the current grant paid to the United Kingdom government for the Squadron and whether the grant covers the cost of the junior Army Cadet Force and, if not, why not;
5. whether the grant mentioned in the 2010 States accounts for the Army Cadet force is above that currently paid to the UK;
6. what, if any, are the accommodation costs to the Island for the permanent staff at the Field Squadron living in States rented accommodation?

Will the Minister consider withdrawing funding from the Field Squadron and redirecting the grant to border agencies like Customs and Immigration?

Answer

The Minister for Home Affairs does not run the Jersey Field Squadron but provides finance and other support to the Jersey Field Squadron in accordance with an Inter-Governmental Agreement (IGA).

1. The Jersey Field Squadron RE (Militia) was subject to a service review in October 2006 when it became a Squadron. The Squadron has a maximum Territorial Army Strengthof 8 Officersand74 soldiers. The funding ofthe Squadron was amended in 2006 to reflect this change. The current number of members fluctuates on a weekly basis, but is approximately 54 Officers and soldiers (not including those on Operation TOSCA and on full time reserve service). This is approximately 66% of maximum strength. If one includes those who are away, the membership is approximately 72% of maximum strength, which is on a par with the other squadrons in the Regiment.

2. The number that attend training must be seen in the context of a Squadron that regularly deploys soldiers  on  enduring  operations  and  functions  within  the Graduated  Commitment  Mechanism (GCM). The GCM, in simple terms, dictates the level of training a soldier needs; the closer a soldier is to deploying on operations the more intensive the training becomes. A Territorial Army soldier has a training liability of 27 days per annum; the number of soldiers who achieved this is set out below1:

• For the 2008/9 Training Year - 33
• For the 2009/10 Training Year - 32
• For the 2008/9 Training Year - 31

3. Territorial Army soldiersareonlypaidwhentheyattend formal training; they arepaid¼,½,¾,or a full ManTrainingDay's(MTD)paydependingonthetimespenttraining.TheMTDcost is in line with Regular daily rates ofpay and therefore varies with qualification and rank. The cost of MTDs for the last three years is set out below1:

• 2008 - £139,502
• 2009 - £130,751
• 2010 - £121,7532

4. The current 1988 IGA provides for an annual costing exercise where, by the 1st of September each year, the Ministry of Defence provides a costing showing the full costs to the MOD of providing and maintaining the Field Squadron for the next three MOD financial years. The amount paid to the MOD under the IGA for 2011 (as set out in the Business Plan) is forecast to be £1,054,000. Thecostingsdonotcoverthecostofthe junior Army Cadet Force (ACF) becausethe ACF is separate from the Squadron. The ACF receives a separate grant (currently £10,000 per annum) from the Home Affairs Department to assist with administrative and operating costs, and there is a Service Level Agreement in place in respect of that grant.
5. Yes. As detailed in d).
6. The Squadron uses Statesof Jersey propertyto house its permanent staff; except one property that has a long term private lease. The enduring revenue liability is limited to property maintenance, which is met from the stated Squadron budget, and charges normally associated with residential properties. The housing liability is clearly articulated in the IGA.

2010

maintenance £14,197.00

lease hire & utilities £35,133.002 2011 (first 6 months)

maintenance £21,402.00 lease hire & utilities £16,315.00

Any proposal to withdraw from the IGA would involve the Chief Minister and would, in practice, probably require the approval of the States Assembly. There is currently no proposal to withdraw from the IGA.

1 When a TA soldier deploys on operations they cease to be a reservist and as such they do not figure in the annual training numbers quoted

1 The reduced spend during 2009 and 2010 reflects the fact that the figures span the Apr 09 – Mar 10 UK financial year when the Sqn had soldiers deployed in Afghanistan and contracted to the Regular Army on Full Time Reserve Service

5. The Minister for Home Affairs tabled an answer to a question asked by Deputy T.M. Pitman of St. Helier regarding an alleged leak' of a report.

Question

Given that the Minister has stated that he was already aware - prior to my question in the States - of the alleged 'leak' to a UK journalist of material from a then uncompleted and unpublished confidential audit report into the financial management of the historic abuse inquiry, will the Minister outline how he identified the individual he alleges leaked the information; what action he took as a result; further still, why this information and that this serious incident had taken place was not made available to States members or the general public?

Answer

I am concerned that Deputy T Pitman is asking a question, part of which implies that he has formed an opinion that I should have taken certain action at a particular time.

I became aware in October 2009 that some confidential information had been provided to a UK journalist as the result of enquiries by a member of staff of the Home Affairs Department. Those enquiries revealed that, although a draft report existed at that time, it was most likely that what had been provided was information contained in the working notes of a former senior police officer from the UK, who had been employed by the States of Jersey Police to work alongside the accountants who were producing the financial review for the Minister of Home Affairs.

I regret that in an answer to an oral question from Deputy T Pitman on 6 June 2011 I failed to clarify this detail. That was partly because my answer focussed on the question of who had revealed information and not on the question of what was revealed and partly because I was then not clear as to what had been provided to the UK journalist.

The further enquiries also revealed that the person likely to have provided the information was the former Senior Investigating Officer who had left Jersey in August 2009. Prior to leaving Jersey, that officer had given extensive interviews to the press in Jersey which had led to very substantial publicity. This officer was seconded to Jersey from another police force and had retired from that force and therefore could not be made subject to disciplinary proceedings anywhere. Furthermore, it was already very well known in Jersey that this officer had provided extensive information to the press in Jersey and I did not view this matter as being a significant extension of that.

By the time the issue was raised with me in May 2011 I had completely forgotten that this incident had occurred, and I have had to refresh my memory by reference to the written record in 2009. Indeed, it is only as a result of preparing this answer that I have become aware of the detail of the situation.

6. The Chairman of the Public Accounts Committee tabled an answer to a question asked by Deputy T.M. Pitman of St. Helier regarding Historical Abuse Inquiry expenditure. Question

Given that the Education and Home Affairs Scrutiny Panel are about to undertake a review relating to wider related issues did PAC ever examine the report written by BDO Alto into the management of the Historical Abuse Inquiry expenditure; if not, why not? Further still, would the Committee undertake to scrutinize the expenditure incurred by the Wiltshire Constabulary in their investigation(s) surrounding the inquiry - including Operation Blast - and submit a report to the States outlining its findings?

Answer

Both the PAC and the C&AG received copies of the report written by BDO Alto into the management of the Historical Abuse Inquiry expenditure and in July 2010 the C&AG published a report "Historic Child Abuse Enquiry – Public Finances Law 2005". Weaknesses in the current Accounting Officer arrangements had been identified prior to the publication of the BDO Alto report and this lead to the recommendation by the C&AG that an independent police authority be established – a view supported by the Public Accounts Committee.

This was progressed by the Minister for Home Affairs following consideration by a Working Group that included Deputy Pitman.

The Proposition P192/2010 – Jersey Police Authority: Establishment was lodged by the Minister on the 21st December, 2010 and debated on the 2nd February, 2011. It was unanimously passed with 48

votes in favour, no abstentions, and no votes against.

The Chairman of the Public Accounts Committee was interviewed by the Wiltshire Constabulary as he had made an official compliant concerning the former Chief Officer Graham Power and would therefore be conflicted in any such investigation of the BDO Alto findings. However no other politicians or independent members on the PAC proposed a specific review at the time of the BDO Alto report's publication.

The matter will be discussed at the next full Public Accounts Committee meeting in July and it is not possible at this stage to confirm whether a report with, or will not, be undertaken. However the Public Account Committee would be pleased to hear from the questioner what meaningful benefit to good government may be achieved by carrying out another review which will ultimately be funded by the taxpayer. It should be noted that the BDO Alto report received widespread publicity, including a great deal of published detail. Therefore it is not clear to the PAC what could be achieved by a further investigation.

7. The Minister for Home Affairs tabled an answer to a question asked by Deputy T.M. Pitman of St. Helier regarding staff costs for the Wiltshire inquiry.

Question

The inquiry by the Wiltshire Police cost £531,500 in total; will the Minister provide a full breakdown of the costs identifying how many staff these figures covered for the following headings:

Staff costs - £200,700 Travel - £92,000

Hotel Accommodation - £82,000 Subsistence £39,100

Rent - £14,000

Will the Minister further give a full breakdown for what exactly was covered by the remaining three headings -

Other costs - £11,400 Equipment Purchase - £15,200 Legal Fees - £77,100

Answer

The cost of the Wiltshire Constabulary investigation into the management and supervision of the Historical Child Abuse Enquiry by the Chief Officer of Police was £572,532 as I advised in the answer to the Deputy 's oral question on 19 July 2010.

The terms of reference for the investigation agreed by the Chief Minister's Department stated that All reasonable costs incurred, including funding for independent legal advice for the investigators will be met by the States of Jersey'.

Up to six officers from the Wiltshire Constabulary were working on the investigation assisted by support staff in Wiltshire.

Staff costs (£289,984) comprise officers' salaries including overtime plus support staff in Wiltshire. Officers' travel to the Island was arranged by the Wiltshire Constabulary and reimbursed by the Home Affairs Department.

Travel costs (£76,501) include air travel, car hire, mileage allowances for travel to the point of departure and airport parking.

Hotel accommodation (£84,633) was mainly at the Radisson Blu Hotel (4*), which is located close to the independent temporary office facility that was established at the Elizabeth Terminal. The average cost per night was £80. Staff booking the hotel accommodation used the States procurement website to get the best deals.

Subsistence payments (£38,398) were based on £28 per person per day (£25 subsistence plus £3 incidental personal expenses per 24 hour period).

Rental payments (£12,600) are in respect of the independent temporary office facility that was established at the Elizabeth Terminal at a cost of £1,400 per month.

Other costs (£4,984) include amounts paid in respect of telephones, general stationery and minor office equipment, photocopying and photocopying supplies.

Equipment purchase (£17,867) includes media evaluation of Jersey Police, IT purchases and licences.

Legal expenses (£42,963) is for professional fees incurred by Lawyers (Veale Wasbrough) who were acting on behalf of Wiltshire Police Authority in relation to Operation Haven.

8. The Minister for Treasury and Resources tabled an answer to a question asked by Deputy T.M. Pitman of St. Helier regarding 1(1)(k) residents' tax payments.

Question

Given that the Minister concedes that there is no evidence that higher earners or 1(1)k individuals in particular would leave the Island simply because a higher rate of tax was implemented; will the Minister clarify how he justifies proposing allowing 1(1)k individuals to in future pay even less tax

- in real overall percentage terms - as a result of proposals to be debated by this Assembly in July 2011; further still, what would the estimated increase in tax take be if the 1% figure was set at 2%?

Answer

The Minister does not concede that there is no evidence that increasing tax rates can affect the behaviour of individuals. He does accept that hard data is difficult to find, although he points to the UK's experience of introducing a higher rate of income tax of 50%, which suggests that higher earners are increasingly considering relocating. This was acknowledged by the UK Chancellor of the Exchequer in his Budget speech in March 2011.

The Minister refers the Deputy to the report accompanying draft Income Tax (Amendment No 39) (Jersey) Law 201- (P.113/2011) which sets out the rationale for changing the tax regime and to the report from the Tax Policy Unit on the review of the regime dated 2 July 2011.

This review concludes that while the direct tax contribution is significant and very welcome, what is equally important is the substantial indirect contribution from which Jersey benefits through their spending in the local economy, job creation and charitable contributions.

The proposed tax changes are designed to boost the economy and increase tax revenues by attracting more wealthy individuals to the Island. These rules should also encourage wealthy people to bring their businesses to Jersey, creating employment and enhancing economic activity in many sectors.

The annual minimum tax contribution required has also been increased from £100,000 to £125,000.

It is impossible to say with any certainty how many new consents will be granted and what the income levels of people seeking to come to Jersey will be. Therefore, whatever percentage of tax is paid, it is not possible to give a firm figure for additional tax revenues raised, beyond the minimum annual contribution of £125,000. It is clear from the review undertaken that the best way to increase the financial benefit to Jersey is to encourage more wealthy individuals and their businesses to the Island. This proposition is intended to do that.

9. The Chief Minister tabled an answer to a question asked by Deputy T.M. Pitman ofSt. Helier regarding political transparency and integrity.

Question

Following the statement on 30th March 2010 by the Minister for Home Affairs at an Education and Home Affairs scrutiny panel hearing that the Minister did not want to expand on the reasons for the delay in producing the Wiltshire report because he had given an interview to the Jersey Evening Post and, in his words, "I promised the reporter that she would have a scoop", will the Chief Minister state whether he considers this acceptable conduct by a Minister and within the requirements of the Ministerial Code of Conduct and conduct that shows a satisfactory standard of transparency and integrity?

The question wrongly implies that the Minister for Home Affairs was declining to provide the Scrutiny Panel with relevant information or refusing to answer a question. Neither of these are correct. The Scrutiny Panel hearing related to the possible appointment of the Acting Chief Officer of Police as the next Chief Officer of Police. During the hearing there was a discussion between the Chairman of the panel and the Minister in relation to delays in the disciplinary investigation conducted by the Wiltshire Police in relation to the then Chief Officer of Police. The Minister was not asked a question in relation to this but began to volunteer information. He then decided to limit the information which he would volunteer as it was not directly relevant to the matter in hand and as he had recently given an exclusive press interview which would make this detail public. The Panel appeared to be satisfied with this approach because no questions were asked on this point. All this is apparent from the transcript of 30th March 2010.

I do not, therefore, believe at all that the Minister for Home Affairs has breached the Code of Conduct for Ministers.

10. The Minister for Treasury and Resources tabled an answer to a question asked by Senator B.E. Shenton regarding the income received from the Radisson Hotel.

Question

Could the Minister identify the total amount of rent and/or income received in respect of the Radisson Hotel site by The Waterfront Enterprise Board Limited (now States of Jersey Development Company) in respect of the years 2008, 2009 and 2010?

Answer

The lease of the hotel site was granted from the Waterfront Enterprise Board Limited to the Jersey Waterfront Hotel Holding Limited. The lease went through the Royal Court and is a public registered document. Schedule 3 of this lease sets out that WEB will receive a percentage of room turnover on the following basis:- 0% in 1st year of trading, 1% in 2nd year of trading, 2% in 3rd year of trading and 3% every year thereafter.

The detailed information requested is confidential to the contractual parties at the time, is commercially sensitive and unfortunately not available for publication. The Minister would, of course, be prepared to disclose the details to a properly constituted Scrutiny Panel in accordance with a standard confidentiality agreement.

11. The Minister for Health and Social Services tabled an answer to a question asked by Senator S.C. Ferguson regarding 32 locum doctors.

Question

Will the Minister state

1. how many of the Datexincidentreports completed in the last 4 yearsrefertotheworkof the 32 locum doctors employed toundertaketheworkofthe 4 doctors in the DivisionofSurgery whose duties are currently restricted?
2. The number of Serious Untoward Incident investigations during this period which have investigated the work of any of the 32 locum doctors?

1. DATIX is a software system used to capture information about incidents' that take place across hospital services and in the community. These incidents' cover a broad spectrum of events from an errorinclinicalpracticeto a slipor trip or a potentially faulty heating system. The DATIX system is also used to capture some elements of clinical data, for example HSSD's caesarean section rates.

The reporting of incidents' - regardless of whether they relate to clinical practice or a faulty

switch - is fundamental to improved patient safety and, in the words of Verita, is the "sign of a strong organisation". Verita acknowledges that HSSD has invested significant effort in creating and maintaining a culture of openness in which professionals can acknowledge their own limitations, raise concerns about the practice of colleagues or flag up sundry issues and concerns.

Over the 4 year period, 2008 to 2011, there was a total 12,070 DATIX reports across all hospital and community services of which 31 related to the 32 locum doctors (approx to 0.25%).

2. There have been no SUI investigations relating to the 32 locums.

12. The Minister for Treasury and Resources tabled an answer to a question asked by Connétable of St. John regarding annual revenue since the removal of car tax

Question

Would the Minister provide details of how much revenue has been raised annually since car tax was removed and a charge per litre of fuel was introduced?

Answer

Motor Tax was abolished in December 1993 and resulted in an annual loss of £1.3 million. In the budget of that year an additional 2.56p of Impôts (excise) duty was added per litre of unleaded petrol and an extra 0.85p excise duty was added per litre of diesel to replace this loss. This resulted in additional yield in 1994 of £1.31 million from fuel duty

The total annual revenue yield from Impôts (excise) duty on fuel since 1994 is as follows:

13. The Minister for Transport and Technical Services tabled an answer to a question asked by the Connétable of St. John regarding the cost of Island roads.

Question

Would the Minister advise  how much has been spent on maintenance and resurfacing of the Island's roads each year since the removal of car tax?

Answer

The table below shows the highways spend since 1992. Unfortunately we do not have records for years 1995 through to 1998 due to legacy software issues.

In December 2010 the annualised depreciation value of roads and footways based on a 20 year resurfacing cycle was £2.24 million. This figure can be considered as the lowest maintenance expenditure that should be spent on the roads to offset the depreciation cost. This figure would only maintain  the  roads  and  footways  to the  existing  standard,  an  improved  standard  will  require substantially more funding.

14. The Chief Minister tabled an answer to a question asked by the Connétable of St. John regarding pensions and the public sector.

Question

Would the Minister please advise which categories of employees in the public sector are able to retire earlier than 65 and receive a full pension?

Can he also advise what extra percentage is paid as an employer contribution for these employees on top of the amount paid for employees whose normal retirement age is 65 and advise the total cost to the public purse annually of these additional contributions?

Answer

Under the Public Employees Contributory Retirement Scheme (PECRS) there are four different schemes. Within the differing scheme Regulations there are various categories, i.e. Uniformed Members (Category A and Category B) and Non-Uniformed Members. Please note Category A refers to front line uniformed Members such as Police Officers, Fire-Fighters, Prison Officers, Paramedics, whilst Category B covers the Senior Officers of those services.

Table 1 below details normal retiring age, optional retiring age and maximum pensionable service allowed.

Table 2 below details the PECRS Category A and Category B normal retiring age, optional retiring age and maximum pensionable service allowed in order to receive a full pension.

Under the Jersey Teacher's Superannuation Fund (JTSF) there are two different schemes, Existing Members and New Members.

Table 3 below details normal retiring age, optional retiring age and maximum pensionable service allowed in order to receive a full pension under the Jersey Teachers Superannuation Fund (JTSF).

Question

Can he also advise what extra percentage is paid as an employer contribution for these employees on top of the amount paid for employees whose normal retirement age is 65 and advise the total cost to the public purse annually of these additional contributions?

Answer

In terms of the PECRS the same percentage is paid for all employees, currently 13.6% this covers all categories of staff within PECRS. The employer also pays an additional 2% based on a figure capitalised as at 2001 for the Pre-1987 Debt.

The Employer contribution rate for the JTSF is currently 16.4% which includes an amount agreed with the actuaries in order to service the Pre-2007 Debt. Again this is a global rate and covers all JTSF members.

15. The Minister for Economic Development tabled an answer to a question asked by Senator B.E. Shenton regarding the operation of the States of Jersey Development Company Limited.

Question

Now that the SOJDC has been given power to act as property developer in direct competition to private developers will the Minister request the JCRA to investigate the interaction between the Minister for Planning and Environment, the policies of the States of Jersey, and the operation of the SOJDC, to ascertain whether there are competition or impartiality issues to address in respect of the current structure?

Answer

The Senator asks that I request the JCRA to ascertain whether there are competition or impartiality issues' between the States and the States of Jersey Development Company (SOJDC). This appears to be a reference to the recent appointment of the Mr. Mark Boleat, Chairman of the Jersey Competition Regulatory Authority, to the Chairmanship of the SOJDC, given that on 7th June, while debating the appointment of the Chairman and non-executive directors to the board of SOJDC, the States rejected the amendment of the Senator which would have forced Mr. Boleat to resign from the Chairmanship of the JCRA in order to Chair the SOJDC.

In respect of issues of impartiality, firstly I would say that the JCRA as a completion regulator is not equipped to opine on those issues, as such matters do not fall within the remit of the Competition (Jersey) Law 2005.

Furthermore, during the appointment debate on 7th June, the Solicitor General addressed the issue of impartiality, saying-

"Does a conflict of interest arise, perceived or real, merely by the appointment of Mr. Boleat as chairman? The answer to that is no. Can a conflict of interest arise depending on factual circumstances that have not yet arisen? Yes, of course Finally, if a conflict of interest arises, does Mr. Boleat have to take part in the relevant decision making process? The answer to that, from his own email, appears to be no in the sense that he would recuse himself, so to speak, and not take part in the relevant decision."

If a legitimate competition issue were to be raised with the JCRA in respect of the SOJDC acting as a business then remedies exist within the Competition (Jersey) Law 2005, which the JCRA would be expected to apply in the normal manner. Robust procedures exist for the management of such potential conflicts of interest, which have been repeatedly applied by the JCRA in respect of the Chairman and Non-Executive Directors. These procedures would preclude Mr. Boleat from involvement with the matter.

Further, for the JCRA to act under the Competition Law it must first have a reasonable cause to suspect that there is a breach of some provision of the Law. My Department has spoken with the Executive Director of the JCRA and he has informed my Department that the JCRA is not aware of any concerns in this regard. However should any party have any concerns it would wish to share with him in this regard, the JCRA will consider whether it merits investigation as it would any other matter.

To summarise, I am not of the opinion that issues of impartiality arise in this case, and competition issues will be dealt with in the normal manner. Therefore I do not intend to request the JCRA to carry the investigation the Senator request as I believe it is not warranted.

16. The Minister for Health and Social Services tabled an answer to a question asked by Deputy P.V.F. Le Claire of St. Helier regarding cancer rates in Jersey.

Question

Could the Minister for Health and Social Services give the most current figures for each type of cancer in Jersey and also indicate the age brackets for each type of cancer? Does the Department maintain data on how the figures and age brackets compare with the UK and the neighbouring region of Normandy?

Answer

Cancer Information

Locally statistics on cancer incidence (the annual number of new cancers diagnosed) and cancer mortality (annual deaths) are maintained by the Health Intelligence Unit within HSSD. This data is collated and analysed to look at trends and compare with other areas where possible. Because of the small numbers for some cancers annual rates do vary from year to year so it can be difficult to get an accurate picture of what is happening.

Cancer Incidence

The statistics for  incidence of new cancers in Jersey are contained within the regular reports produced for us by the UK South West Cancer Intelligence Service. The latest Channel Islands Cancer Registration Report 2010 covers the three year period 2005 - 2007 and is available on from:

http://www.gov.je/Government/Pages/StatesReports.aspx?ReportID=538give link

This report showed that the main cancers diagnosed in Jersey in 2005-07 were non malignant skin cancer, lung cancer, breast cancer, prostate cancer, colorectal cancer, malignant melanoma and blood cancers (see p7 of report).

Table  1  summarises  the  information  from  this  report  for  the  5  main  malignant  cancer  types diagnosed in Jersey.

Table 1: Summary of the main malignant cancer types diagnosed in Jersey

Data shows that 1% of all new cancers occurred in the under 20's, 40% in those aged 20-64 years and 59% in the over 65's. This is a similar pattern to Guernsey & the South West.

Analysis carried out by the South West Public Health Observatory over the years has shown that Jersey has rates of cancer roughly comparable with the mainland and Guernsey for colorectal cancer, gynaecological cancer, leukaemia and upper gastro-intestinal cancer and, more recently, slightly lower for breast cancer incidence.

Incidence rates were significantly higher in Jersey than the South West for lung cancer, head & neck cancer, malignant skin melanoma, stomach cancer, prostate cancer and testicular cancer in 2005-07 (see p13 of the report for full details). However, the numbers for some of these cancers are low so the data must be treated with some caution.

Higher incidence rates are not always a bad thing.  If an area has better systems in place to detect a certain cancer and/or specialists skilled in diagnosing that cancer then more people will be picked up with it. High incidence rates can indicate better detection of a cancer. Early detection of cancer can led to better outcomes & cure.

The Health Intelligence Unit  is working  on  finding reliable European  data  (including  French regions) for further comparison. Such data is not always suitable for comparative purposes due to differences in the way it is collected, coded or analysed. For example French cancer incidence data is patchy across the various regions and does not cover all cases (unlike the UK & Jersey where almost 100% of cases are picked up by a robust cancer registration process).

Cancer Mortality

Mortality data is collated and analysed annually by the HSSD's Health Intelligence Unit.

Jersey  data  shows that  lung,  upper  gastrointestinal  (oesophagus,  stomach  &  pancreas)  and colorectal cancers contribute to almost half of all cancer deaths in Jersey. This reflects world wide and European trends where lung cancer the single main cause of all cancer deaths.

Cancer of digestive organs (including upper gastrointestinal and colorectal cancers) accounts for a quarter of all Jersey deaths due to cancer. The second most common cause of cancer death is cancers of respiratory organs (mostly lung cancer) at 24%, followed by female breast cancers at 9% and male genital cancer (mostly prostate) at 7% (See Figure 1).

Figure 1: Jersey cancer deaths by site (2005-09)

Respiratory 24%

Digestive Breast 25% 9%

Male genital 7%

Lymphoid, haematopoi etic tissue

All other  7% sites

28%

In  terms  of  the  age  groups  affected  HSSD's  Health  Intelligence  Unit  maintains  detailed spreadsheets for the main cancer sites by age group with data going back to 1996. This allows in depth analysis of individual cancers as required. From this we can show that nearly 60% of all cancer deaths in Jersey occur in those aged 70 or over and we have very few cancer deaths under aged 40 (Table 2).

Table 2: Jersey cancer deaths by age (2005-09)

Figure 2: Cancer deaths by age group 2005 – 2009

Average number of annual cancer deaths by age group (2005-09)

100 90 80 70 60 50 40 30

20 10 0

 year 1-4 5-9 10-14 15-19 20-24 25-29 30-34 35-39 40-44 45-49 50-54 55-59 60-64 65-69 70-74 75+ <1

Using Incidence & Mortality data

Ideally cancer incidence and cancer mortality should be looked at together.

A high incidence rate and an equally high mortality rate would indicate that that cancer was a particular problem, for example lung cancer.

But a high incidence rate can also be due to better diagnosis and detection of a cancer, and, if linked with lower mortality rates, indicate better treatment of those cancers, for example breast cancer.

17. The Minister for Health and Social Services tabled an answer to a question asked by Deputy P.V.F. Le Claire of St. Helier regarding radiation levels.

Question

Could the Minister for Health and Social Services state whether there is any routine testing of radiation levels in Jersey and in the surrounding coastal waters, and does the Department maintain data on how the radiations levels in Jersey (including in our drinking water) compare with other jurisdictions?

Answer

HSSD's Public Health Team undertake routine testing for radio-activity (not radiation) with assistance from the Environment Department. The data collected is published annually in UK's CEFAS (Centre for Environment, Fisheries & Aquaculture Science) report entitled "Radioactivity in Food and the Environment"

(www.cefas.defra.gov.uk/publications/scientific-series/radioactivity-in-food-and-the-environment). CEFAS "Marine Radioactivity in the Channel Islands 1990 – 2009" report concludes that:

• Relatively low concentrations of radionuclides were detected in the marine environment around all the Channel Islands.
• Most non-transuranic radionuclide concentrations reported (caesium-137 and ruthenium-106) have declined since the last review in 1998.
• Transuranic radionuclide concentrations reported (plutonium-239+240 and americium-241) have either declined since the last review in 1998, or there has been no significant change in concentrations.
• The effects of discharges from local sources1 have continued to be of negligible radiological significance.

Information can be found at: www.gov.je/Environment/ProtectingEnvironment/Land/Contamination/Pages/Radioactivity.aspx

Jersey drinking water (both supply and raw water) is routinely tested by Jersey Water and is regulated by the Department of the Environment according to the provisions of the Water (Jersey) Law 1972 (as amended) and associated orders.

Radioactivity analyses requires specialist analytical equipment and is undertaken by the Jersey Water's consulting analyst's laboratory in southern England. Verification of water quality results are checked against duplicate samples analysed by the States of Jersey Analyst and the Consulting Analyst's laboratory results.

1 The three main local sources which could impact Jersey's marine environment include: the French nuclear fuel reprocessing plan at La Hague; the French nuclear power station at Flamanville; historic disposals of radioactive waste in the Hurd Deep, a natural trough in the western English Channel.

18. The Minister for Home Affairs tabled an answer to a question asked by Senator J.L. Perchard regarding financial means-testing of prisoners.

Question

Will the Minister introduce financial means testing of those detained at HMP La Moye and levy a fee based on a scale of charges up to a maximum of the full cost recovery on inmates?

Answer

I am not intending to do that for four reasons. Firstly, I am not aware of any such scheme anywhere in the British Isles or the European Union. I am aware of some such schemes in the U.S.A., but they are not subject to the European Convention on Human Rights.

Secondly, I believe that this would be contrary to the European Convention on Human Rights for two reasons. It would be viewed as a second penalty in addition to the imprisonment being imposed by the Court. It might also contravene the right to private property being a charge which was not a legitimate tax which was being imposed on an individual without their consent.

Thirdly, because of the potential adverse effect on the family of an offender which had already lost a major source of income. A family could be forced to sell a home or be otherwise penalised by reason of this.

Fourthly, other means already exist to confiscate the proceeds of crime both in relation to drugs offences and in relation to wider crimes. I support current proposals to extend this by way of a civil confiscation scheme which allows for confiscation of the proceeds of crime without the need for a criminal conviction.

19. The Minister for Transport and Technical Services tabled an answer to a question asked by Senator B.E. Shenton regarding recorded accidents.

Question

Can the Minister detail the date, time, location and brief details of all recorded accidents since 1st January 2010 along the following roads;

1. La Grande Route de St. Clement ;

3. La Grande Route de la Côte; Answer

The following road traffic collision statistics have been provided by the States of Jersey Police. It should be noted that only collisions resulting in injury, recorded in the States of Jersey road traffic collision database, have been provided. The States of Jersey Police do have non-injury accident data though this is less reliable and, thus, this is not provided to Transport and Technical Services. The Department follows recognised engineering standard practice and limits the assessment of data to those collisions involving injuries.

[Tables reproduced within the dedicated Questions section of www.statesassembly.gov.je]

20. The Chief Minister tabled an answer to a question asked by Deputy D.J. de Sousa of St. Helier regarding the impact of Greece's financial difficulties.

Question

Has the Chief Minister assessed the possible implications for Jersey if Greece was to default on its debts and the Euro was to cease to exist, in view of concerns expressed in this regard by the Bank of England and in light of Jersey's dependency on the finance industry and, if so, would he give members details?

Answer

I visited Brussels on the 27th June and met with senior European Commission officials and heard at first hand the action being taken in response to the Greece sovereign debt crisis.

Here in Jersey the Financial Services Commission is monitoring the possible impact on the regulated financial institutions of Greece defaulting on its debts. As the banks in Jersey are primarily deposit gatherers rather than major lenders there is understood to be very little direct exposure to Greek debt. The impact of a default by Greece can be expected to be felt more by some if not all of the parent banks. However, as was the case with the global financial crisis, we can take comfort in the strength of those parent banks and the degree of oversight being exercised by the parental supervisory authorities.

There is every reason to expect that the European Central Bank and the Euro zone countries will continue to take all necessary measurers to support the Euro. However, should the Euro cease to exist it would then be replaced by national currencies. This change and its possible influence on the holding of other currencies such as pound sterling or the US Dollar might be expected to provide business opportunities as well as challenges for the finance industry. There is no reason to expect that this will have an adverse effect on the deposit gathering by the Jersey banks and insofar as the UK and pound sterling are seen as more attractive options this could have an advantage for Jersey with its close complementary relationship with the City of London.

The position on the crisis in Greece will continue to be closely monitored and in this having an office in Brussels is proving to be of great value.

21. The Minister for Treasury and Resources tabled an answer to a question asked by Deputy D.J. de Sousa of St. Helier impact of Greece's financial difficulties.

Question

Has the Minister assessed the possible financial consequences for Jersey if Greece was to default on its debts and the Euro was to cease to exist, in view of concerns expressed in this regard by the Bank of England and in light of Jersey's dependency on the finance industry and, if so, would he give members details?

Answer

While the States investment funds do not have any direct exposure to Greek government bonds the financial consequences for Jersey of both a Greek default and the cessation of the euro are difficult to predict and assess. Such a scenario could take many different forms and have a wide range of implications for all European and global economies and financial markets.

It is not a central scenario but would pose a risk to the Jersey economic outlook and the global economic outlook, particularly if it were accompanied by another banking crisis and/or financial market contagion.

As a finance centre where the key banking activity is deposit taking and with no government debt we remain in a strong position to weather any future financial market turmoil. However, the current uncertainty serves as a timely reminder that we should maintain what has been a fundamental element of our approach to the Comprehensive Spending and Fiscal Strategy Reviews. That is, with the global economic outlook uncertain and with significant risks, we should plan to get our finances on a sound medium-term footing so we have the flexibility and scope to respond should the economic outlook prove more negative than current forecasts suggest.

22. The Minister for Treasury and Resources tabled an answer to a question asked by Deputy S. Pitman of St. Helier regarding the cost of suspensions.

Question

Would the Minister advise the cost of suspensions for each year from 2005-2011? Answer

Information and statistics held on suspensions prior to 2009, when the Suspension Review Panel was set up, are incomplete. Central data held for 2009 to date, covers only the cost of basic salary for the period of the suspension, and does not include employment costs (Social Security, pension contributions, tax, etc), allowances, alternative cover arrangements, etc. - the details of which are held independently by departments.