States Meeting Transcript - 18/07/2011

STATES OF JERSEY OFFICIAL REPORT MONDAY, 18th JULY 2011

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

1. Nomination of Mr. Stephen Haigh as a member of the Public Accounts Committee.......................................................................................8

1.1 Senator B.E. Shenton:.........................................................................8

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

2. Written Questions..............................................................................8

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

HOME AFFAIRS REGARDING THE LONG TERM UNEMPLOYED AND

WORK PERMITS............................................................................8

2. DEPUTY P.V.F. LE CLAIRE OF ST. HELIER OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING APPROVALS WITHIN

THE GREEN ZONE.........................................................................12

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

ECONOMIC DEVELOPMENT REGARDING MANDATORY

OCCURRENCE REPORTS................................................................18

4. THE DEPUTY OF ST. MARTIN OF THE CHIEF MINISTER REGARDING

A SUSPENSION LIST......................................................................19

5. SENATOR B.E. SHENTON OF THE MINISTER FOR HOME AFFAIRS REGARDING JOURNALISTIC PRACTICES............................................19
6. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE CHIEF

MINISTER REGARDING 5 YEAR CONTRACTS......................................20

7. SENATOR J.L. PERCHARD OF H.M. ATTORNEY GENERAL

REGARDING FINANCIAL MEANS TESTING FOR PRISONERS....................21

8. THE CONNÉTABLE OF ST. MARY OF THE MINISTER FOR

TRANSPORT AND TECHNICAL SERVICES REGARDING PARKING ON VICTORIA AVENUE.......................................................................23

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

TREASURY AND RESOURCES REGARDING PRIVATE FINANCE

INITIATIVE SCHEMES....................................................................24

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

TREASURY AND RESOURCES REGARDING TAX BURDENS.....................24

11. DEPUTY G.P. SOUTHERN OF ST. HELIER OFTHE CHIEF MINISTER REGARDING THE CONTROL OF MIGRATION NUMBERS.........................25

12. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING PAY BUDGETS............................................................26
13. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING JURY SERVICE............................................................26
14. SENATOR S.C. FERGUSON OF THE MINISTER FOR HEALTH AND

SOCIAL SERVICES REGARDING HOURS WORKED BY MIDDLE

GRADE DOCTORS.........................................................................27

15. SENATOR S.C. FERGUSON OF THE MINISTER FOR HEALTH AND

SOCIAL SERVICES REGARDING THE LENGTH OF SHIFTS FOR

MIDDLE GRADE DOCTORS..............................................................35

16. THE DEPUTY OF ST. MARY OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE PROCESSING OF PLANNING APPLICATIONS............................................................................39
17. THE DEPUTY OF ST. MARY OF THE MINISTER FOR HOUSING

REGARDING THE DEFINITION OF HOUSING NEED................................40

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

AND TECHNICAL SERVICES REGARDING THE REDUCTION OF ACCIDENTS................................................................................41

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

SPORT AND CULTURE REGARDING THE EVALUATION OF SCHOOLS....................................................................................42

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

ECONOMIC DEVELOPMENT REGARDING THE CONTRACT WITH

N.A.T.S. (NATIONAL AIR TRAFFIC SERVICES Ltd.)................................43

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

ECONOMIC DEVELOPMENT REGARDING THE OPERATIONS

DEPARTMENT AT JERSEY AIRPORT..................................................44

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

ECONOMIC DEVELOPMENT REGARDING SENIOR AIR TRAFFIC OFFICERS...................................................................................45

3. Oral Questions.................................................................................46

1. Deputy K.C. Lewis of St. Saviour of the Minister for Planning and

Environment regarding the determination of the proposed plans for the

St. Saviour over-55s retirement village.....................................................46

1. Deputy K.C. Lewis :..........................................................................47
2. Deputy R.G. Le Hérissier of St. Saviour :...................................................47

2. Senator B.E. Shenton of the Minister for Treasury and Resources regarding the

total amount spent by WEB and the States in developing a scheme for East of

Albert.........................................................................................47 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):..............................47

1. Senator S.C. Ferguson:......................................................................47
2. Senator S.C. Ferguson:......................................................................48
3. Deputy P.V.F. Le Claire of St. Helier :......................................................48
4. Deputy A.E. Jeune of St. Brelade :..........................................................48
5. Deputy A.E. Jeune :..........................................................................48
6. Deputy M.R. Higgins of St. Helier :.........................................................49

7. Deputy D.J. De Sousa of St. Helier :........................................................49
8. Senator B.E. Shenton:........................................................................49

3. Deputy G.P. Southern of St. Helier of the Chief Minister regarding the

negotiations on terms and conditions for States employees................................50 Senator T.A. Le Sueur (The Chief Minister):.....................................................50

1. Deputy G.P. Southern :.......................................................................50
2. Deputy G.P. Southern :.......................................................................50
3. Deputy T.M. Pitman of St. Helier :..........................................................50
4. Deputy D.J.A. Wimberley of St. Mary :.....................................................51
5. Senator S.C. Ferguson:......................................................................51
6. Deputy G.P. Southern :.......................................................................51

4. Deputy P.V.F. Le Claire of the Minister for Home Affairs regarding work

permit permissions...........................................................................51 Senator B.I. Le Marquand (The Minister for Home Affairs):....................................52

1. Deputy P.V.F. Le Claire:....................................................................52
2. Deputy G.P. Southern :.......................................................................52
3. Deputy A.E. Jeune :..........................................................................52
4. Deputy P.V.F. Le Claire:....................................................................53
   5. Deputy T.A. Vallois of St. Saviour of the Minister for Treasury and Resources regarding proposed changes to the Resources Department................................53 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):..............................53

1. Deputy T.A. Vallois:.........................................................................53
2. Senator S.C. Ferguson:......................................................................54
3. The Deputy of St. Mary :.....................................................................54
4. Deputy R.G. Le Hérissier:...................................................................54
5. Deputy A.E. Jeune :..........................................................................54
6. Deputy T.A. Vallois:.........................................................................54

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

regarding the new defaced Red Ensign for ships registered in Jersey.....................55 Senator A.J.H. Maclean (The Minister for Economic Development):...........................55

1. The Deputy of St. John :......................................................................55
2. The Deputy of St. John :......................................................................56
3. Connétable P.F.M. Hanning of St. Saviour :................................................56
4. The Deputy of St. John :......................................................................56

7. Deputy F.J. Hill of St. Martin of the Chief Minister regarding the number of

Human Resources Officers employed in the public sector................................56 Senator T.A. Le Sueur (The Chief Minister):.....................................................56

1. The Deputy of St. Martin :...................................................................57
2. Deputy T.M. Pitman:........................................................................57
3. Deputy A.E. Jeune :..........................................................................57
4. The Deputy of St. Martin :...................................................................57

8. Deputy T.M. Pitman of the Minister for Home Affairs regarding allegations surrounding the leak of confidential information relating to the historic abuse inquiry........................................................................................58 Senator B.I. Le Marquand (The Minister for Home Affairs):....................................58

1. Deputy T.M. Pitman:........................................................................58

2. Deputy T.M. Pitman:........................................................................58
3. Deputy P.V.F. Le Claire:....................................................................59
4. Deputy P.V.F. Le Claire:....................................................................59

9. Senator S.C. Ferguson of the Minister for Treasury and Resources regarding

the proposed plans for States of Jersey Property Holdings and the States of

Jersey Development Company Limited....................................................59 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):..............................59

1. Senator S.C. Ferguson:......................................................................60
2. Senator T.J. Le Main:........................................................................60
3. Deputy A.E. Jeune :..........................................................................60
4. Senator B.E. Shenton:........................................................................61
5. Deputy J.A.N. Le Fondré of St. Lawrence :.................................................61
6. Deputy J.A.N. Le Fondré:...................................................................62
7. Deputy J.A.N. Le Fondré:...................................................................62
8. Deputy T.A. Vallois:.........................................................................62
9. Senator S.C. Ferguson:......................................................................63

10. Deputy R.G. Le Hérissier of the Minister for Treasury and Resources

regarding the appointment of a Third Sector Co-ordinator................................63 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):..............................63

1. Deputy R.G. Le Hérissier:................................................................64
2. Deputy D.J. De Sousa:....................................................................64
3. Senator B.E. Shenton:....................................................................64
4. Deputy S. Power of St. Brelade :.........................................................65
5. Deputy G.P. Southern :....................................................................65
6. Deputy I.J. Gorst of St. Clement :........................................................65
7. Deputy R.G. Le Hérissier:................................................................66

11. Deputy M.R. Higgins of the Minister for Economic Development regarding the

contract with NATS Ltd (the UK privatised air traffic control services provider

formerly known as the National Air Traffic Services Ltd.)................................66 Senator P.F. Routier (Assistant Minister for Economic Development - rapporteur):...........67

1. Deputy M.R. Higgins:....................................................................67
2. Senator T.J. Le Main:.....................................................................67
3. The Deputy of St. John :..................................................................68
4. The Deputy of St. Martin :................................................................68
5. Deputy R.G. Le Hérissier:................................................................68
6. Senator S.C. Ferguson:...................................................................68
7. Deputy M.R. Higgins:....................................................................69

12. Deputy A.E. Jeune of the Minister for Health and Social Services regarding advertisements for nursing staff.............................................................69 Deputy A.E. Pryke of Trinity (The Minister for Health and Social Services):..................70

1. Deputy A.E. Jeune :.......................................................................70
2. Deputy A.E. Jeune :.......................................................................70
3. Senator T.J. Le Main:.....................................................................70
4. Deputy A.E. Jeune :.......................................................................71

13. The Deputy of St. Mary of the Minister for Economic Development regarding

the use of Jersey in any way for tax avoidance purposes by News International

or News Corporation.........................................................................71 Senator A.J.H. Maclean (The Minister for Economic Development):...........................71

1. The Deputy of St. Mary :..................................................................71
2. The Deputy of St. Mary :..................................................................71
3. Senator S.C. Ferguson:...................................................................72
4. The Deputy of St. Mary :..................................................................72

14. Deputy R.G. Le Hérissier of the Minister for Economic Development

regarding the classification of the Channel Islands Control Zone.........................72 Senator P.F. Routier (Assistant Minister for Economic Development - rapporteur):...........72

1. Deputy R.G. Le Hérissier:................................................................73
2. Deputy R.G. Le Hérissier:................................................................73

15. Deputy M.R. Higgins of the Minister for Economic Development regarding

licences granted to online gaming companies..............................................73 Senator A.J.H. Maclean (The Minister for Economic Development):...........................73

1. Deputy M.R. Higgins:....................................................................73
2. Deputy M.R. Higgins:....................................................................74

16. The Deputy of St. Mary of the Chief Minister regarding the savings target of

nearly £1 million a year on energy and water costs........................................74 Senator T.A. Le Sueur (The Chief Minister):.....................................................74

1. The Deputy of St. Mary :..................................................................74
2. Senator S.C. Ferguson:...................................................................75
3. Senator S.C. Ferguson:...................................................................75
4. The Deputy of St. Mary :..................................................................75

17. Deputy T.M. Pitman of the Attorney General regarding attendance by

Members at States meetings.................................................................75 Mr. T.J. Le Cocq Q.C., H.M. Attorney General:..................................................76

1. Deputy T.M. Pitman:.....................................................................76
2. Deputy A.E. Jeune :.......................................................................76
3. Deputy T.M. Pitman:.....................................................................76

18. Deputy A.E. Jeune of the Minister for Health and Social Services regarding the

current legislation and training provision for food hygiene in the Island.................77 The Deputy of Trinity (The Minister for Health and Social Services):..........................77

1. Deputy A.E. Jeune :.......................................................................77
2. Deputy A.E. Jeune :.......................................................................77

19. The Deputy of St. Martin of the Minister for Home Affairs regarding

complaints against the States of Jersey Police..............................................77 Senator B.I. Le Marquand (The Minister for Home Affairs):....................................78

1. The Deputy of St. Martin :................................................................78
2. Deputy M.R. Higgins:....................................................................78
3. The Deputy of St. Mary :..................................................................78
4. The Deputy of St. Martin :................................................................79

20. Deputy T.A. Vallois of the Minister for Economic Development regarding how businesses had been affected by the refusal of licences through the Regulation

of Undertakings and Development (Jersey) Law 1973....................................79

Connétable L. Norman of St. Clement (Assistant Minister for Economic

Development - rapporteur):..................................................................79

1. Deputy T.A. Vallois:......................................................................79
2. Deputy R.G. Le Hérissier:................................................................80
3. Deputy G.P. Southern :....................................................................80
4. Senator S.C. Ferguson:...................................................................80
5. Deputy T.A. Vallois:......................................................................80

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

regarding high-friction surfaces on Victoria Avenue......................................81 Connétable M.K. Jackson of St. Brelade (The Minister for Transport and Technical

Services):.....................................................................................81

4. Questions to Ministers Without Notice - The Minister for Transport and

Technical Services.............................................................................82

1. The Deputy of St. John :......................................................................82 The Connétable of St. Brelade (The Minister for Transport and Technical Services):..........82

1. The Deputy of St. John :......................................................................82
   2. The Deputy ofSt. Mary:.....................................................................82
   3. Deputy A.E. Jeune :..........................................................................83
   4. Connétable J. Gallichan of St. Mary :........................................................83
   5. Senator S.C. Ferguson:......................................................................83

4.5.1 Senator S.C. Ferguson:......................................................................83

6. Deputy T.A. Vallois:.........................................................................84

4.6.1 Deputy T.A. Vallois:.........................................................................84

7. Deputy P.V.F. Le Claire:....................................................................84
8. The Connétable of St. Mary :................................................................84
9. Deputy S. Power:............................................................................85
10. The Deputy of St. Mary :.....................................................................85
11. Deputy D.J. De Sousa:.......................................................................85
12. Deputy P.V.F. Le Claire:....................................................................85
13. The Deputy of St. Mary :.....................................................................85

5. Questions to Ministers Without Notice - The Minister for Economic Development...................................................................................86

1. The Connétable of St. Mary :................................................................86 Senator A.J.H. Maclean (The Minister for Economic Development):...........................86
2. Deputy J.A. Hilton of St. Helier : ............................................................86

5.2.1 Deputy J.A. Hilton:..........................................................................86

3. Deputy K.C. Lewis :..........................................................................86
4. Senator S.C. Ferguson:......................................................................87
5. Deputy M.R. Higgins:........................................................................87

5.5.1 Deputy M.R. Higgins:........................................................................87

6. Deputy A.E. Jeune :..........................................................................87

5.6.1 Deputy A.E. Jeune :..........................................................................88

7. The Deputy of St. Mary :.....................................................................88
8. Deputy J.B. Fox of St. Helier:...............................................................88
9. Deputy D.J. De Sousa:.......................................................................89

5.9.1 Deputy D.J. De Sousa:.......................................................................89

10. The Deputy of St. John :......................................................................89
11. Deputy P.V.F. Le Claire:....................................................................90
12. The Deputy of St. Martin :...................................................................90
13. Deputy T.M. Pitman:........................................................................90
14. Connétable D.W. Mezbourian of St. Lawrence :............................................91

STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY.........................91

6. The Chairman of the Jersey Branch of the Commonwealth Parliamentary Association will make a statement to mark the centenary of the Association ..........91

6.1 The Connétable of St. Clement :.............................................................91

1. The Deputy of St. Mary :.....................................................................92
2. The Deputy of St. Mary :.....................................................................92
3. Deputy R.G. Le Hérissier:...................................................................92
4. Deputy D.J. De Sousa:.......................................................................93
5. Senator F.E. Cohen:..........................................................................93
6. Senator P.F.C. Ozouf :........................................................................93
7. Senator S.C. Ferguson:......................................................................93

ADJOURNMENT ......................................................................................93

[14:30]

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

APPOINTMENT OF MINISTERS, COMMMITTEES AND PANELS

1. Nomination of Mr. Stephen Haigh as a member of the Public Accounts Committee

1.1 Senator B.E. Shenton:

I would like to nominate Mr. Haigh. He applied to join the Public Accounts Committee 2 and a half years ago when we had 18 applicants from independent bodies to join the committee. He was very much our first reserve and on the resignation of Mr. Kevin Keen, we approached him and he would be willing to serve what is a fairly short term, bearing in mind that the term of the Public Accounts Committee ends at the end of this year.

The Deputy Bailiff :

Do Members agree to the appointment of Mr. Haigh as a member of the Public Accounts Committee? Members in favour? He is appointed.

QUESTIONS

2. Written Questions

1. DEPUTY P.V.F. LE CLAIRE OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING THE LONG TERM UNEMPLOYED AND WORK PERMITS.

Question

Given the current levels of unemployment in the Island, especially in the long term unemployed, can the Minister please provide members with a breakdown of people in Jersey who are here as a result of his department issuing work permits, and in particular -

1. The total numberofpeopleonworkpermitsat present and how that compares with last year?
2. Thetotalnumberofdependentsaccompanyingthemandhowthatcomparestolast year?
3. The jobs occupied by those on work permits by skill and by sector?

4 The jobs occupied by dependents of those who have been issued work permits by

skill and by sector?

5 The length of the permits issued to conduct this work in Jersey?

6. Thetotalnumberofworkpermitsissuedin2010andthetotalissuedsofarin2011 by skill and sector?
7. The charges levied in relation to issuing permits;

8. what the Minister'splans are, if any, to review the work permit policy of his department with regard to protecting jobs for Jersey residents, given the recent geographic expansion of the EU and the high levels of unemployment in Jersey?

Answer

Number of Work Permit Holders

The IT system in place in the Customs and Immigration Service does not report the actual number of work permit holders and dependants in the Island at any one time. This information has not been required because all work permits are of a finite duration and have been measured by showing the number of permits issued by sector in a particular time  frame.   A  snapshot  at  any  one  time  is  just  that  – tomorrow  there  may  be considerably more or less work permit holders than today and thus the issuance of the permits has been seen as a more valid measure.

Comparative statistics for work permits issued by sector for the periods 1 January 2010 to 30 June 2010 and 2011 are shown below:

Figures showing the actual number of work permit holders and their dependants were however compiled at the end of December 2010 for a previous question on this subject from the Deputy :

Dependants

The total number of dependents of work permit holders (this includes spouses, unmarried partners and children under the age of 18 and where the work permit exceeds 12 months duration) who either accompanied or joined them in Jersey are as follows:

These figures only take into account applications for "Work Permit Dependant" entry clearances (visas) which have been referred to the Customs and Immigration Service from British Diplomatic Posts.

Under  the  Directions  of  the  Lieutenant-Governor  (Immigration  Rules)  there  are  no restrictions as to where work permit dependants can take employment. Therefore, there is no information available on the jobs they may have filled locally.

Length of validity of work permits

Work permits are issued for periods of between 1 day and 5 years. Short term permits are issued  for  beach  lifeguards,  entertainers,  hospital  locum  appointments,  seasonal hospitality workers, persons with technical expertise and established overseas employees with  company-specific  knowledge  being  seconded  to  fill  a  temporary  skills  gap, undertake a special project or for career development purposes.

Fees

The current scale of fees for processing work permit applications is: Permit for less than 12 months validity

Initial application£40

Extension up to total of 12 months £40 Extension beyond total of 12 months £160 Permit for 12 months or more

Initial application£200

Extension £200

The fee is non-refundable even if the application is refused. Review of Work Permit Policy

A review of the work permit policy has taken place and I am satisfied that the operation of the scheme safeguards the employment of resident labour, maintains the immigration control and meets the Island's economic and social needs. However, it is intended to make the following amendments to the policy:

1. Change in the minimum earnings threshold for jobs in finance and lawto ensure that only applications, for appropriately qualified persons, are considered.
2. Ensure that employers reach all persons who are free of permit in the Island the standard of advertising by including, where appropriate, an advert at the Social Security Department. (Although it should be stressed that there is no evidence to suggest that local persons are actually being displaced or disadvantaged.)
3. Introduce an English language requirement, as part of the qualifying criteria, for the issue of a workpermit to ensure that migrants coming to work in Jersey have a basic command of the English language which will allow them to cope with everyday life.

4. Increase the work permit application fees to reflect betterthecost of providing the service.

I am also reviewing the availability and duration of work permits in relation to the Hospitality Industry.

2. DEPUTY P.V.F. LE CLAIRE OF ST. HELIER OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING APPROVALS WITHIN THE GREEN ZONE.

Question

As the Minister could not provide members with the answers in full to my written question on 20th June 2011 on approvals within the Green Zone, due to complexity in cross referencing minutes, in time for the States sitting can the Minister provide the list of Green Zone permissions with those who approved them for 2011 alone?

Answer

Attached is a summary of approved applications for housing in the Green Zone for 2011, including the application number, address, brief description of the development and the decision making body (Officer delegated approved, Planning Application Panel (PAP) or Ministerial Meeting (MM)).

In respect to the politicians involved in making the respective decisions, the summary includes details of the Planning Applications Panel members present for each application approved.

Applications for new dwellings granted permission from 01-January-2011 to 08-July-2011

Brief  

Planning  

Decision  Description of  

Application  Address n/a Decision Making Body

Date the  

Number

development

Connétable J. Le S. Gallicahan of T

Demolish

outbuildings  to

the  North

elevation  and

construct  new

dwelling.

Convert existing

house into 7 No.

flats.  Renovate

annex  dwelling.

Convert existing

annex store and

outbuildings into

5 No. dwellings.

P/2010/0384 27/01/2011 Les Chasses St.  Various external  Green  PAP

Mary alterations  to  Zone

include

landscaping.

AMENDED

PLANS:  Omit

one  number

dwelling  from

the scheme and

replace  with

garage  block.

Various external

alterations

including

landscaping

proposals.

Remove  

Field 719 & Stables  

P/2010/0619 12/05/2011 stables.  Green  PAP

at Former Shire

Construct 1 No.  Zone

Horse

dwelling.

Convert  and

La Mare The Barn  extend  existing  Green

P/2010/0774 06/05/2011 Delegated Approved

St. Ouen barn  into  1  No.  Zone

dwelling.Hamptonne  Convert  first  Green

P/2010/1432 18/01/2011 Country Life  floor  above  Zone Delegated Approved

Museum St. Law Cider  House  to

1  No.  self

DESCRIPTION:  Extend  roof  to  create  a  separate  unit,  with  dormers and  roof  lights.  AMENDED  DESCRIPTION:  Raise  height  of  roof.  Constructed  dormers  and  insert  rooflights  to  create  additional  habitable  accommodation.

Convert existing  

pool house to 2  

No.  dwellings.  

Homeland St.  Green  

P/2011/0203 01/06/2011 Construct  Delegated Approved

John Zone

ground  floor extension  to

West elevation.

Demolish

existing  North

Lodge,

construct new 3

bed  dwelling

and  associated

landscaping.

Demolish

existing  single

garage,

construct new 2

bed  gatehouse

and  associated

Westward House  landscaping.  Green

P/2011/0361 16/06/2011 Delegated Approved

St. Brelade Re-configure  Zone

existing vehicular

entrance  to

Westward

grounds,  form

general  parking

area to South of

new  entrance.

AMENDED

PLANS: Reduce

size  of  Gate

House.  Various

alterations.

Demolish  

Le Petit Fort &  existing  

Green  

P/2011/0648 10/06/2011 Field 1314 St.  dwelling,  

Zone

Ouen construct  1  No.

dwelling.

Vary  standard

time  limit

RC/2010/1545 20/01/2011 HomWeosrtkisllhSopt. aMtary pPe/2rm00it5/1123  Zone Delegated Approved

condition  on  Green

(construct

dwelling)  to extend  permit  by 3 years.

Submission  of  

Reserved  

Field 621 St.  Green  

RM/2010/0915 14/01/2011 Matters:  MM

Brelade Zone

Construct 1 No. dwelling.

Redevelopment  

of  various  

outbuildings  

including offices  

to  consist  of  6  

dwellings.  To  

include  various  

external  

Puits de Leoville  Green  

RP/2010/0354 10/02/2011 alterations  and  Delegated Approved

St. Ouen Zone

associated landscaping.

REVISED

PLANS;

Reduction  in

number  of units

to  5  dwellings

only.

Restore

Cottage.

Construct

extension  to

create  3

bedroom  house

with  oak

La Vieille Maison  Green

RP/2010/1796 04/03/2011 conservatory.  Delegated Approved

Trinity Zone

Various external alterations.

REVISED

PLANS:

Construct  pump

house  and

storeroom.

Construct  pool

house,  pool,

office  and

garage  to  the

West  elevation.

Construct  first

floor  extension

to  existing

dwelling and

create  new

vehicular

RP/2011/0220 03/06/2011 Octagon House  access.  Green  Delegated Approved

Grouville AMENDED  Zone

ADDRESS. REVISED

PLANS: Enlarge

approved

ground  floor

extension.

Construct

extension at first

floor  level.

Alterations  to

approved

vehicular

access.  Various  external  alterations.  AMENDED  PLANS: Omit all  works relating to  the re-design of  the  proposed  extension.

Demolish  

existing  

buildings  and  

remove  outdoor  

storage  racks  

and  scaffold  

Field 1507 Builders  Green  

RP/2011/0311 20/05/2011 storage.  Delegated Approved

Store St. Helier Zone

Construct 1 No. dwelling.

REVISED

PLANS:

Position oil tank

to South of site.

Demolish

existing dwelling

and

outbuildings.

Construct  new

St Catherine's

dwelling with  Green

RP/2011/0428 16/06/2011 House (Formerly  Delegated Approved

associated  Zone

Maison C

landscaping. REVISED

PLANS:

Construct timber

shed.

Demolish

packing  shed

and  construct

dwelling and

garage. Change

of use of barn to

west  of  main

Brookvale Farm  house to  create  Green

RP/2011/0488 28/06/2011 Delegated Approved

St. Martin dwelling.  Zone

Demolish outbuildings.

REVISED

PLANS:

Construct

garage  to  Unit

1.

n/a

3. DEPUTY  M.R.  HIGGINS OF  ST.  HELIER  OF  THE  MINISTER  FOR ECONOMIC  DEVELOPMENT  REGARDING  MANDATORY OCCURRENCE REPORTS.

Question

Will the Minister advise the Assembly how many Mandatory Occurrence Reports have been filed by Air Traffic Controllers at Jersey Airport regarding the new ATC system and provide  full  information  on  the  subject  matter  of  their  reports  and  the  controllers' concerns; and

Would the Minister provide full details of any verbal or written concerns regarding the new  ATC  system  made  by  air  traffic  controllers  to  their  supervisors  or  airport management?

Answer

The objective of filing a Civil Aviation Authority Mandatory Occurrence Report (MOR) is to contribute to the overall improvement of flight safety by ensuring that relevant information on safety is reported, collected, stored, protected and disseminated. The sole objective of this reporting process is the prevention of accidents and incidents and not to attribute blame or liability to any individual.

Along  with  other  airports,  Jersey  Airport  is  required  by  law  to  operate  a  safety management system and an essential part of it is the existence and promotion of Just Culture'  – this  refers  to  the  fact  that  while  gross  negligence,  wilful  violations  and destructive  acts  are  not  tolerated  and  appropriate  action  taken,  individuals  are  not punished  for  acts,  omissions  or  decisions  taken  by  them  commensurate  to  their experience and training. On the advice of the [independent] Director of Civil Aviation for the Channel Islands I am not obliged to detail in a public forum the content and subject matter of individual reports other than to say that since December last year, Jersey Air Traffic Controllers have submitted 17 MORs. Of this number 14 have been investigated. Of these 14, eight are under joint progression with external agencies, 6 have been closed with  local  mitigation  or  no  further  action  required.  Three  MORs  remain  under investigation.

Background Info

MORs reported in new ATC operation compared to former facility: In Q1 2010 there were 10 MORs

In Q1 2011 there were 23 MORs - Increase would be, better reporting and introduction of ATCC. A natural process which we expected as we continue to develop the system past their status of what was required for going live.

In Q2 2010 there were 14 MORs In Q2 2011 there were 19 MORs

In summary, there are more but to put in context we have also had more MORs in 2011 relating to intermediate stop bar crossings and nothing has changed in the system or the layout of the airfield.

4. THE DEPUTY OF ST. MARTIN OF THE CHIEF MINISTER REGARDING A SUSPENSION LIST.

Question

In answer to my written question (6317) on Tuesday 7th June 2011, only one teacher is shown as being suspended in 2010. Will the Chief Minister inform Members why a member of staff employed by Education, Sport and Culture who was suspended in July 2009 till March 2011 is not recorded in the list? If the member was suspended will the cost figures shown in written answer (6432) on 5th July 2011be adjusted?

Answer

The costs attached to the suspension of any member of staff irrespective of the length of suspension are attributable to the year in which the suspension was first initiated.

As a consequence, the costs attached to the suspension of a member of staff employed at the Education, Sport and Culture mentioned by the Deputy of St Martin for the period July 2009 to March 2011 was attributable to 2009 and therefore were not included in the figures for 2010 or 2011.

The cost figures provided in the answer to the Written Question 1240/5 (6432) on 5th July 2011, are consistent with this rationale and do not need to be adjusted.

5. SENATOR B.E. SHENTON OF THE MINISTER FOR HOME AFFAIRS REGARDING JOURNALISTIC PRACTICES.

Question

Given the revelations in respect of journalistic practises of the News of the World, coupled with the disclosure that a journalist from the newspaper was entertained at a top London restaurant at the height of the Haut de la Garenne investigation by the then Deputy Chief Officer, is the Minister satisfied that all future dealings with the media will be handled in a professional manner. Does he have any evidence to show whether any underhand practices were undertaken by the News of the World when investigating the Haut de la Garenne allegations?

Answer

I am very concerned that the News of the World is referred to twice in the independent reports which I have received in relation to the Haut de la Garenne investigation.

The first occasion was on the morning of the day on which the first press conference was held by the then Deputy Chief Officer and Senior Investigating Officer. On that morning, 23 February 2008, a News of the World photographer was found in the bushes at Haut de

la Garenne. In my view, there must have been some leak of information to that newspaper prior to that date.

However, much more concerning is the incident referred to which took place on 1 May 2008 when a female News of the World reporter, together with a number of police officers who were involved with the case were entertained by the then Deputy Chief Officer and Senior Investigating Officer at an expensive London restaurant at a cost of £699.00. It is very concerning that subsequently a female reporter from the News of the World produced an article which made references a) to "HELLFIRE Jersey Homes dossier to reveal children were murdered . then burnt" and b) to "a SHOCK secret police report into the Jersey House of Hell Children's Home reveals youngsters there WERE murdered then BURNED in a furnace to COVER UP the atrocities". The report then goes on to reveal various details which are very likely to have been provided by a Police Officer or Officers. The full text of the Article is duplicated on a number of

websites.

I am satisfied that the current leadership of the States of Jersey Police acts and will act in a proper and professional manner in relation to its dealings with the press.

However, I can never exclude the possibility of individual Police Officers improperly leaking information to the press.

I do not have any evidence of underhand practices being undertaken by the News of the World in relation to the Haut de la Garenne investigation but doubt as to whether this would have been necessary in the light both of the nature of police press conferences and other provision of confidential information which characterised the early stages of this investigation.

6. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE CHIEF MINISTER REGARDING 5 YEAR CONTRACTS.

Question

In the light of the extension of the initial five year contract of the Chief Fire Officer to a permanent appointment, would the Chief Minister confirm whether 5 year contracts for senior staff are legally enforceable and, if not, why not?

Answer

Whilst the termination of any contract, be it for a fixed term or permanent, can be legally enforced, the employer must ensure this is undertaken in a fair manner.

Any contract for a fixed term, for any employee, can be terminated, subject to the conditions attached to the contract at the time of issue. If the contract is for a specified period and for a specified piece of work which is completed at the end of the fixed period, with no further requirement for work, the contract comes to a natural end and the employee is dismissed fairly.

However, where the work continues and there is no other substantial reason to terminate the contract at the end of the fixed period, the dismissal could be deemed to be unfair. This situation applies to all employees and not just those employed in the public sector, in either a senior or junior position.

It is inappropriate to comment on the terms of any particular contract as the details are of a personal and confidential nature.

7. SENATOR J.L. PERCHARD OF H.M. ATTORNEY GENERAL REGARDING FINANCIAL MEANS TESTING FOR PRISONERS.

Question

I asked the following question (6427) of the Minister for Home Affairs at the last sitting of the States:

"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?"

In his answer the Minister wrote:

"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."

Would the Attorney General confirm whether he considers the European Convention on Human Rights would be contravened? And is the Attorney General of the opinion that the States could reasonably 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 believe there are a number of reasons why the States could not adopt the proposal in question 6427 to means test "those detained at HMP La Moye" and levy a fee on them based on a scale of charges up to the maximum of the full cost of recovery on inmates.

Firstly, it does not distinguish between those prisoners who are on remand and those who have been convicted. There could be no justification for means testing or imposing charges on remand prisoners.

Secondly, even for convicted prisoners, there is no legal authority for taking such action and it is not permissible for the States to levy such a charge or to examine a person's means, whether they are subject to a sentence of imprisonment or not, without an express legal power to do so.

Thirdly, if it were to be suggested that legal powers to take such action could be introduced, in all probability they could not, in any event, be made applicable to existing prisoners as that would probably amount to, either, a retrospective punishment for the offence, contrary to Article 7 (no punishment without law) of the European Convention on Human Rights (ECHR) or a double penalty, which would be contrary to the "ne bis in idem" rule in Article 14(7) of the International Covenant on Civil and Political Rights (ICCPR), which has been ratified by the UK on behalf of Jersey, and the very similar provision in the Seventh Protocol to the ECHR (which has not been ratified by the UK yet, but is intended to be ratified in the future). It would also probably be in breach of Article 1 of the First Protocol to the ECHR (protection of property), as it would amount to deprivation of the prisoners' property which, if imposed retrospectively, probably would not be capable of justification under the Article as being in the "public interest", in

spite of the wide margin of appreciation enjoyed by States under this Article.

Fourthly, even if applied only to "future" convicted prisoners, the levy would probably still amount to a breach of Article 14(7) of the ICCPR and Protocol 7 to the ECHR. It has more of the characteristics of an extra penalty, for those who could afford to pay, than a remedial or rehabilitating action, and may be difficult to justify, especially in light of the existence of statutory provisions for relieving criminals of the proceeds of crime or for ordering them to pay compensation. It might also amount to a breach of Article 14 of the ECHR in respect of rights under Article 1 of the First Protocol, by discriminating between wealthy and impecunious prisoners in respect of the same offending.

Lastly, it is noted that in England and Wales, the Government has recently introduced the Legal Aid, Sentencing and Punishment of Offenders Bill which, amongst other matters, makes provision for rules about employment in prisons and in particular enables the making of rules about the payment of prisoners for employment and deductions from their remuneration for the benefit of victims or communities, for the rehabilitation of offenders and for other purposes, which might include their "keep". This approach (assuming it to be practicable in the first place) would avoid all the above issues and also the issue of possible breaches of Article 14 of the ECHR in respect of rights under Article 1 of the First Protocol, by discriminating between wealthy and impecunious prisoners and might therefore be a better avenue to explore.

8. THE CONNÉTABLE OF ST. MARY OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING PARKING ON VICTORIA AVENUE.

Question

In the light of concerns over the safety of the "refuge" in the central reservation of Victoria Avenue for vehicles leaving the "kiosk" lay-by at Bel Royal and travelling towards St Helier, will the Minister confirm that he has visited the area to ascertain whether the depth of the refuge is adequate, and advise the length of vehicle which can be sheltered entirely within the refuge (without protruding into the traffic lanes) bearing in mind the angle at which vehicles are likely to enter the refuge due to the road layout. Is the Minister satisfied that this is adequate?

Answer

I can confirm that I have visited the area and I acknowledge that the layout is not ideal. Given the limited space available for the junction, the current arrangement is the best that can be achieved and a significant improvement on the layout prior to summer 2008.

A vehicle of 2.1m of length can be accommodated entirely with in the solid kerbed island. However, this effectively means very few vehicles can position themselves wholly within the kerbed islands.

You will recall that prior to the remodelling of this junction, what is presently the car park exit onto Victoria Avenue also used to be the entry from the Avenue to the car park for motorists from the west. The current arrangement has therefore removed a conflict from this junction. East bound vehicles entering the car park now have a dedicated right turn lane, protected by solid kerbing, and a narrower approach lane, reducing the opportunity for inappropriate overtaking by town bound drivers.

Good driving practice dictates that drivers should position their vehicle at right angles to a stop or give way line to afford maximum visibility to left or right of approaching vehicles. (This is especially important for vehicles with restricted visibility such as vans and lorries) The current layout of the exit from this car park means that all drivers are obliged to follow this best practice.

Visibility for motorists coming from St Helier is excellent. Drivers approaching the junction from this direction at the posted speed limit of 30mph, have sufficient time to assess whether there is enough space left by a waiting east bound vehicle, to be able to continue, or whether they need to stop.

Road traffic collision data collected by the States of Jersey Police and analysed by my Department has thus far indicated that the scheme has successfully reduced road traffic collisions at this location.

I am satisfied that the arrangement is an improvement over the previous layout, and is the best that can be achieved given the overall space constraints and many manoeuvres at this location. My Department will continue to monitor the junction to ensure that this remains the case.

9. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING PRIVATE FINANCE INITIATIVE SCHEMES.

Question

What measures does the Minister propose to put in place to limit damage to Jersey's reputation as a good neighbour (as suggested in the latest European Services Strategy Unit report) arising from the leakage from UK tax revenues to Jersey of profits from PFI (Private Finance Initiative) hospital and schools projects?

Answer

The transfer of equity ownership of UK PFI projects was recently examined by the Public Accounts Committee of the UK Parliament. As indicated in oral evidence given by HM Treasury officials, once projects are established, ownership of the equity in those projects is a commercial decision determined by "private companies who are conducting their business".

HM Treasury officials did indicate in their evidence that they were going to "reflect" on the discussions of the Committee. If, following this period of reflection, there are any particular implications for Jersey we will work with HM Treasury officials to address these as appropriate.

10. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING TAX BURDENS.

Question

Following his response to written question 6448 on 5th July 2011 will the Minister publish the full results of the consideration of the tax burden on various households and the comparison to competitor jurisdictions conducted in the Fiscal Strategy Review?

Answer

The relevant document is the Fiscal Strategy Review: Supporting Research paper which was published on 21st June 2010 and is available on the States website at the following address:

http://www.gov.je/Government/Consultations/Pages/FiscalStrategyReviewPersonalTaxati on.aspx

11. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE CONTROL OF MIGRATION NUMBERS.

Question

In the recent debate on Control of Housing and Work law (P.37/2011) the Chief Minister used figures relating to overall numbers of the "working population" to demonstrate that the agreed target for net immigration of 150 heads of household was being achieved. Will he explain to members how this correlates to the figures published by the Statistics Unit for the period 2007-2009 which show  an  average net  immigration of  325 heads of household and states clearly that this is the measure to be used to check progress on attaining the target set out in the Strategic Plan?

Answer

The question relates to two different Strategic Plans and two different population targets over two different time periods.

The 2009 – 2014 Strategic Plan is very clear as to what the population and immigration targets are, with reference to a number of related objectives. In particular, inter alia, these are:

maintains the level of the working age population in the Island;

ensures the total population does not exceed 100,000;

in the short term, allows maximum inward migration at a rolling five-year average of no more than 150 heads of household per annum (an overall increase of circa 325 people per annum). This would be reviewed and reset every three years (CM)1.

1 Extract from 2009-2014 Strategic Plan

The 2006 – 2011 Strategic Plan also outlined relevant population policies. The relevant extract is as follows:

- Net growth in the working population of less than 1% per annum

The speech to which the Deputy refers was made with reference to the above, and specifically, that the 1% target is being met, with working population growth over the  period 2006 – 2010 averaging 1.21%, and expected to decline in 2011 to achieve the 2006 – 2011 Strategic Plan target of 1% working population growth, and the 150/325 target will be met over the period 2009 – 2012. The Statistics Unit's report covers a period that crosses the two Strategic Plans namely 2007 to 2009.

Once the census data is available towards the end of 2011, progress against the 150/325 targets and the overall population cap can be assessed in detail and published in 2012.

12. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING PAY BUDGETS.

Question

Since "pay budgets remain unchanged from 2011" in the 2012 Annual Business Plan (ABP) (response to written question 6442) will the Minister state when the "management side's position" prior to pay negotiations will be finalised and whether this position will be revealed to members before the ABP comes to the States for debate?

Answer

The Deputy of St Helier will note from the formal response to the Written Question 1240/5(6442), that the Employer's Side is currently involved in a number of initiatives with pay groups that will form part of its overall approach towards the 2012 public sector pay round and beyond.

In consultation with States departments, and individual pay groups, this approach will evolve over the coming months and will be finalised after the annual business plan for 2012 is determined by the States. In addition, the 2012 pay, terms and conditions of service claims from public sector pay groups have yet to be received. It is anticipated that such claims will be forwarded to the Employer's Side in the autumn of 2011.

As a consequence, the Employer's position towards the 2012 public sector pay review will not be finalised before the annual business plan is debated by the States in the autumn. Consistent with the approach adopted by the Employer's Side over many years in such sensitive matters, the precise negotiation position will be restricted to the Employer's Side.

It should be noted that public sector pay group representatives are well aware of the difficult financial climate affecting the 2012 public sector pay, terms and conditions of service review and it would be inappropriate to anticipate the outcome of negotiations prior to them taking place.

13. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING JURY SERVICE.

Question

Will the Minister inform members how many persons undertook Jury Service during 2010 along with a breakdown of the length of service served?

Will he inform members whether recompense is available for those who serve as jurors, and whether, in longer cases, where paid leave for a juror is refused by their employer, there are funds available to relieve any hardship experienced?

Answer

The Viscount advises that 180 persons served as jurors in 15 trials over 46.5 days in 2010. Jury trials therefore had an average duration of 3.1 days during 2010 in a range of 1.5 days (shortest) to 8.5 days (longest). While jury service is an important public and honorary duty, the Viscount has discretion to make compensatory payments to jurors who are caused financial hardship by jury service: one juror was duly provided with such assistance in 2010.

14. SENATOR S.C. FERGUSON OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING HOURS WORKED BY MIDDLE GRADE DOCTORS.

Question

1. WilltheMinistersupplyaspromised the answer to6476 and state the total hours on duty undertaken by eachofthe hospital Middle Grade doctors for the period from 9am on 6th June to 9am on 13th June, including the hours of on call' which may partly have been spent at home for which no distinction needs to be made for the purposes of this answer?
2. Under the present rota arrangements, do any Middle Grade doctors undertake morehoursonduty than theydidin the specified week if theircolleaguesareon annual or study leave? WhenMiddleGradedoctorsundertake extra hours onduty to cover the on call' duties of colleagues on leave, is this on a voluntary basis, or compulsory?

Answer

This information should be read alongside the answer to Question 6494.

1. A summaryofhoursworkedbyindividualMiddleGradedoctors from 9amon6th June to 9am on 13th June is attached. Names have been removed for reasonsof confidentiality.

A distinction has been made between resident on-call[2] and on-call3 because it is not possible to understand or interpret the data without this information. The difference

between resident on-call and on-call has a significant bearing on work intensity and hours spent at home. In addition it has a bearing on the application of European Working Time Directive standards.

2. Underpresentrota arrangements, ifmiddlegradecolleaguesareawayonleavethis may  generate  additional  hours  for  other  middle  grade  doctors,  particularly  in relation to out of hours cover.
3. These shifts are currently offered on a voluntary basis and prove popular with individual doctors as they attract additional payments.

for work but not necessarily working). Doctors who are resident on-call are much more likely to be required to work during the on-call period (ie. the work intensity is higher)

3On call: A doctor on-call will be at home, as opposed to in the hospital. They will called upon to work as and when required. During the hours they are on-call they could be working or resting (ie. they are available for work but not necessarily working). Doctors on-call are very rarely called on for any significant period of work (ie. the work intensity is much lower).