States Meeting Transcript - 10th July 2012

STATES OF JERSEY

OFFICIAL REPORT

TUESDAY, 10th JULY 2012

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

1. Written Questions........................................................................9

1. DEPUTY S.S.P.A. POWER OF ST. BRELADE OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING AIRPORT HANGAR FACILITIES:..................9
   2. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE NATIONALITIES OF THOSE IN RECEIPT OF INCOME SUPPORT:....................................................................9
   3. BY DEPUTY S.S.P.A. POWER OF ST. BRELADE OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING AN UPDATE OF EXISTING MOTOR TRAFFIC REGULATIONS:.....................................11
   4. THE CONNÉTABLE OF ST. JOHN OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE RECENT RED ENSIGN CONFERENCE:....13
   5. SENATOR S.C. FERGUSON OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE EFFECT OF POWER CUTS ON SERVICES FOR JERSEY TELECOMS' FIBRE OPTIC CABLE CUSTOMERS:.......................14
   6. DEPUTY M. TADIER OF ST. BRELADE OF H.M. ATTORNEY GENERAL REGARDING THE COURT COSTS ASSOCIATED WITH DRUG OFFENCES IN 2011:...................................................................................15
   7. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING STAFFING AT THE HEALTH AND SOCIAL SERVICES DEPARTMENT:..........................................................15
   8. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING THE FUTURE OF HAUTLIEU AND HIGHLANDS COLLEGE:.............................................................19
   9. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE REMOVAL OF FINAL SALARY PENSIONS FOR PUBLIC SECTOR EMPLOYEES: ...............................................20
   10. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING CSR SAVINGS PROPOSALS:..............21
   11. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE AUTOMATIC INFORMATION EXCHANGE UNDER THE EUROPEAN UNION SAVINGS TAX DIRECTIVE:..................................22
   12. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR HOME AFFAIRS REGARDING POLICE SEARCHES AT INCORRECT ADDRESSES:....25
   13. DEPUTY T.M. PITMAN OF ST. HELIER OF H.M. ATTORNEY GENERAL REGARDING THE ELECTION OF JURATS:........................................25
   14. DEPUTY T.M. PITMAN OF ST. HELIER OF H.M. ATTORNEY GENERAL REGARDING CASES TRIED BY JURY:.............................................26

15. DEPUTY T.M. PITMAN OF ST. HELIER OF H.M. ATTORNEY GENERAL REGARDING THE PROFESSIONAL BACKGROUND OF JURATS:................27
16. DEPUTY T.M. PITMAN OF ST. HELIER OF H.M. ATTORNEY GENERAL REGARDING DISCIPLINARY SANCTIONS FOR LAWYERS AND ADVOCATES: .........................................................................................28

2. Oral Questions...........................................................................29

1. Deputy R.G. Le Hérissier of St. Saviour of the Chief Minister regarding the Council of Ministers' views on independence: .....................................................29 Senator P.M. Bailhache (Assistant Chief Minister - rapporteur):..............................29

1. Deputy R.G. Le Hérissier: ..............................................................29
2. Deputy G.P. Southern of St. Helier:....................................................29
3. Senator S.C. Ferguson:.................................................................29
4. Senator S.C. Ferguson:.................................................................30
5. Deputy J.A.N. Le Fondré of St. Lawrence : .............................................30
6. Deputy J.G. Reed of St. Ouen:..........................................................30
7. Connétable P.J. Rondel of St. John : ....................................................31
8. Deputy M. Tadier of St. Brelade:.......................................................31
9. Deputy M. Tadier :......................................................................31
10. Deputy T.M. Pitman of St. Helier:...................................................32
11. Deputy J.A. Hilton of St. Helier : ....................................................32
12. Deputy G.C.L. Baudains of St. Clement:............................................32
13. Senator L.J. Farnham : ...............................................................32
14. Deputy R.G. Le Hérissier:...........................................................32

2. Deputy G.P. Southern of the Minister for Treasury and Resources regarding changes to public sector pensions:..................................................................33 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................33

1. Deputy G.P. Southern :..................................................................33
2. Deputy G.P. Southern :..................................................................34
3. Senator S.C. Ferguson:.................................................................34
4. Deputy J.A. Hilton:.....................................................................34

5. Deputy G.P. Southern :..................................................................34

3. Connétable D.J. Murphy of Grouville of the Chief Minister regarding reputational attacks on the former head of Property Holdings:.......................................35 Senator I.J. Gorst (The Chief Minister):......................................................35

1. The Connétable of Grouville :...........................................................35
2. The Connétable of Grouville :...........................................................36
3. Deputy M. Tadier :......................................................................36
4. Senator S.C. Ferguson:.................................................................36
5. Senator S.C. Ferguson:.................................................................37
6. The Connétable of St. John:............................................................37
7. Deputy M.R. Higgins of St. Helier:.....................................................37
8. Deputy M.R.Higgins:..................................................................38
9. Deputy T.A. Vallois of St. Saviour:....................................................38
10. Deputy J.A. Martin of St. Helier:....................................................38
11. Deputy J.H. Young of St. Brelade : ..................................................38
12. The Connétable of Grouville :........................................................39

4. The Connétable of St. John of the Minister for Economic Development regarding the grant of £75,000 to the Jersey Rugby Club: ............................................39 Senator A.J.H. Maclean (The Minister for Economic Development):.........................39

1. The Connétable of St. John:............................................................39
2. Deputy T.M.Pitman:...................................................................40
3. Deputy G.P. Southern :..................................................................40
4. Deputy M. Tadier :......................................................................40
5. Senator L.J. Farnham :..................................................................40
6. Senator S.C. Ferguson:.................................................................41
7. The Connétable of Grouville :...........................................................41
8. Connétable D.W. Mezbourian of St. Lawrence:........................................41

9. The Connétable of St. John:............................................................42

5. Deputy M. Tadier of the Minister for Education, Sport and Culture regarding sites identified for any potential rebuild of Les Quennevais School?:........................42 Deputy P.J.D. Ryan of St. John (The Minister for Education, Sport and Culture):............42

1. Deputy M. Tadier :......................................................................42
2. Deputy M. Tadier :......................................................................43

6. Deputy J.H. Young of the Minister for Planning and Environment regarding the reappointment of the Jersey Architectural Commission:................................43 Deputy R.C. Duhamel (The Minister for Planning and Environment): ........................43

1. Deputy J.H. Young:....................................................................43
2. Deputy J.H. Young:....................................................................43

7. Deputy G.C.L. Baudains of the Minister for Education, Sport and Culture regarding personnel changes within the Youth Service:...........................................44 Deputy R.G. Bryans of St. Helier (Assistant Minister for Education, Sport and Culture - rapporteur):.............................................................................44

2.7.1 Deputy G.C.L. Baudains:...............................................................44

8. Deputy M.R. Higgins of the Minister for Economic Development regarding recent scandals involving the U.K. banking industry and their impact upon the Jersey financial services industry:.......................................................................45 Senator A.J.H. Maclean (The Minister for Economic Development):.........................45

1. Deputy M.R.Higgins:..................................................................45
2. Deputy J.A. Martin:....................................................................46
3. Deputy R.G. Le Hérissier: ..............................................................46
4. Deputy R.G. Le Hérissier: ..............................................................46

5. Deputy J.H. Young:....................................................................46
6. Senator A. Breckon: ....................................................................47
7. Senator Ferguson:......................................................................47
8. Deputy M.R.Higgins:..................................................................47
   9. Deputy T.M. Pitman of the Chief Minister regarding access to the transcript of the States' in camera' session relating to the suspension of the former Chief Officer of the States of Jersey Police: .................................................................47 Senator I.J. Gorst (The Chief Minister):......................................................48

1. Deputy T.M.Pitman:...................................................................48 Deputy M. Tadier : ............................................................................48 Deputy T.M.Pitman:.........................................................................48
2. Senator F. du H. Le Gresley:............................................................50
3. Deputy R.G. Le Hérissier: ..............................................................50
4. Deputy T.M.Pitman:...................................................................50

10. The Deputy of St. Ouen of the Chief Minister regarding the authorityof the Assistant Minister with responsibility for External Affairs to comment on significant constitutional matters:.................................................................................50 Senator I.J. Gorst (The Chief Minister):......................................................50

1. The Deputy of St. Ouen:.............................................................51
2. Deputy G.P. Southern : ..............................................................51
3. Deputy J.A.N. Le Fondré: ...........................................................51
4. Deputy R.G. Le Hérissier:...........................................................51
5. Deputy J.H. Young..................................................................52
6. Senator S.C. Ferguson:..............................................................52
7. Deputy M.R.Higgins:...............................................................52
8. Senator L.J. Farnham : ...............................................................53
9. Deputy T.M.Pitman:................................................................53
10. Deputy M. Tadier :................................................................53
11. The Deputy of St. Ouen : ..........................................................54 Mr. H. Sharp, H.M. Solicitor General: ........................................................54 Deputy M.R.Higgins:........................................................................55

11. Deputy J.A. Martin of the Minister for Economic Development regarding the repayment of Payment Protection Insurance in Jersey:.............................................55 Senator A.J.H. Maclean (The Minister for Economic Development):.........................55

1. Deputy J.A. Martin: .................................................................55
2. Deputy M.R.Higgins:...............................................................56
3. Senator A. Breckon:.................................................................56

12. Deputy G.C.L. Baudains of the Minister for Planning and Environment regarding wind farms on Jersey's offshore reefs and their impact on RAMSAR designation:...........57 Deputy R.C. Duhamel of St. Saviour (The Minister for Planning and Environment):.........57

2.12.1 Deputy G.C.L. Baudains: ............................................................57

13. Deputy J.A. Martin of the Minister for Housing regarding the sale of houses to housing trusts:...................................................................................57 Deputy A.K.F. Green of St. Helier (The Minister for Housing):..............................57

1. Deputy J.A. Martin: .................................................................58
2. Deputy T.M.Pitman:................................................................58
3. Deputy G.P. Southern : ..............................................................59
4. Deputy G.P. Southern : ..............................................................59
5. Deputy J.A. Martin: .................................................................59
6. Deputy J.A. Martin: .................................................................59

14. The Deputy of St. Ouen of the Minister for Economic Development regarding comments

made by the Assistant Chief Minister with responsibility for External Affairs to the

Guardian newspaper in relation to the issue of independence for Jersey:................59 Senator A.J.H. Maclean (The Minister for Economic Development):.........................59

1. The Deputy of St. Ouen:.............................................................59
2. Senator S.C. Ferguson:..............................................................60
3. Deputy R.G. Le Hérissier:...........................................................60
4. Deputy T.M.Pitman:................................................................60
5. Deputy M. Tadier :...................................................................61

15. Deputy G.P. Southern of the Minister for Education, Sport and Culture regarding reforms to the tertiary sector and the reduction of grants to the fee-paying provided sector:.....61 The Deputy of St. John (The Minister for Education, Sport and Culture): ....................62

1. Deputy G.P. Southern : ..............................................................62
2. Deputy G.C.L. Baudains: ............................................................62

16. Deputy M.R. Higgins of the Minister for Home Affairs regarding the alleged loss of evidence relating to child abuse in Jersey:..............................................63 Senator B.I. Le Marquand (The Minister for Home Affairs): .................................63

1. Deputy M.R.Higgins:...............................................................63

2. Deputy T.M.Pitman.................................................................63
3. Deputy R.G. Le Hérissier:...........................................................64

17. Deputy T.M. Pitman of the Chief Minister regarding the terms of reference drawn up by Verita for the proposed Historic Abuse Committee of Inquiry: .........................64 Senator I.J. Gorst (The Chief Minister):......................................................64

1. Deputy T.M.Pitman:................................................................64
2. Deputy J.M. Maçon of St. Saviour : ..................................................65
3. Deputy M.R.Higgins:...............................................................65
4. Deputy M.R.Higgins:...............................................................65
5. Deputy M. Tadier :...................................................................65
6. Deputy J.M. Maçon:.................................................................66 Senator P.F.C. Ozouf :........................................................................66 Deputy M. Tadier : ............................................................................66

3. Questions to Ministers without notice - The Minister for Treasury and Resources...68

1. Deputy J.A. Martin:....................................................................68 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................69
2. Deputy T.M.Pitman:...................................................................69
3. Deputy J.A. Hilton:.....................................................................69
4. Connétable A.S. Crowcroft of St. Helier:...............................................69
5. Deputy M.R.Higgins:..................................................................70
6. The Connétable of St. John:............................................................70
7. Deputy M. Tadier :......................................................................70
8. Deputy R.G. Le Hérissier: ..............................................................71

3.8.1 Deputy R.G. Le Hérissier: ..............................................................71

9. Senator S.C. Ferguson:.................................................................71
10. Deputy G.P. Southern :..................................................................71
11. Senator L.J. Farnham :..................................................................72
12. Deputy J.M. Maçon:....................................................................72
13. Deputy J.H. Young:....................................................................72

14. Deputy S.G. Luce of St. Martin : ........................................................72
15. Deputy J.A.N. Le Fondré:..............................................................73

4. Questions to Ministers without notice - The Chief Minister............................73

1. The Connétable of St. John:............................................................73 Senator L.J. Gorst (The Chief Minister):......................................................73
2. Deputy M.R.Higgins:..................................................................74
3. Deputy M. Tadier :......................................................................74
4. Deputy J.A.N. Le Fondré:..............................................................75
5. Deputy T.M.Pitman:...................................................................75
6. The Connétable of St. Lawrence:.......................................................75
7. Deputy G.P. Southern :..................................................................76
8. The Connétable of Grouville :...........................................................76
9. Deputy J.A. Martin:....................................................................76
10. The Deputy of St. Martin...............................................................77

STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY........................77

5. Statement by the Minister for Treasury and Resources regarding the vote of censure ...........................................................................................78

5.1 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):......................78

1. Senator S.C. Ferguson:.................................................................80
2. Senator S.C. Ferguson:.................................................................80
3. Deputy M. Tadier :......................................................................80
4. Deputy J.A.N. Le Fondré:..............................................................81
5. Deputy J.A.N. Le Fondré:..............................................................82

6. Deputy G.P. Southern :..................................................................82
7. Connétable J.M. Refault of St. Peter:...................................................82
8. Deputy R.G. Le Hérissier: ..............................................................82
9. Deputy R.G. Le Hérissier: .............................................................83
10. The Connétable of St. Lawrence.....................................................83

LUNCHTIME ADJOURNMENT PROPOSED................................................83 LUNCHTIME ADJOURNMENT...............................................................83

6. The Chairman of the Education and Home Affairs Scrutiny Panel will make a statement regarding its review of the proposed introduction of Tasers in Jersey.....84

6.1 Deputy J.M. Maçon (Chairman, Education and Home Affairs Scrutiny Panel):.........84

1. Deputy T.M.Pitman:...................................................................85
2. Deputy T.M.Pitman:...................................................................85

3. The Connétable of St. Lawrence:.......................................................85

7. The Vice-Chairman of the Corporate Services Scrutiny Sub-Panel will make a statement on the Panel's Review of the use of the Tourism Development Fund to provide assistance to the private sector.................................................86

7.1 Deputy R.J. Rondel of St. Helier (Vice-Chairman, Corporation Services Scrutiny Sub- Panel):..................................................................................86

1. Deputy M. Tadier :......................................................................87
2. Deputy M. Tadier :......................................................................87
3. The Connétable of St. Lawrence:.......................................................88
4. Senator P.F.C. Ozouf :..................................................................88
5. Senator F. du H. Le Gresley:............................................................88
6. Senator L.J. Farnham :..................................................................89
7. Deputy C.F. Labey of Grouville :........................................................89
8. Senator S.C. Ferguson:.................................................................89
9. Deputy J.A. Martin:....................................................................89
10. Senator A.J.H. Maclean:.............................................................90
11. Deputy M. Tadier :...................................................................90

8. Statement made by the Chief Minister regarding all those involved in the recent gas works incident...........................................................................90

8.1 Senator I.J. Gorst (The Chief Minister):................................................90

1. The Connétable of St. Helier:...........................................................91
2. Deputy G.C.L. Baudains:...............................................................91
3. The Connétable of St. Peter:............................................................92
4. Deputy T.A. Vallois: ...................................................................92

PUBLIC BUSINESS.............................................................................93

9. Disciplinary Panel of the Law Society of Jersey: reappointment of lay members (P.50/2012)...............................................................................93

9.1 Senator I.J. Gorst (The Chief Minister):................................................93

10. Tourism Development Fund: assistance to the private sector (P.26/2012) ............94

10.1 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):......................94

1. Connétable M.P.S. Le Troquer of St. Martin : ........................................95
2. Deputy J.A. Martin: .................................................................97
3. The Deputy of Grouville : ............................................................98
4. Deputy M.R.Higgins:...............................................................99
5. Deputy M. Tadier :...................................................................99
6. Deputy J.H. Young: ................................................................101
7. Deputy G.P. Southern : .............................................................103
8. The Deputy of St. Ouen:............................................................104
9. Senator A.J.H. Maclean:............................................................105
10. Senator P.F.C. Ozouf : ...........................................................109

11. Draft Employment Tribunal (Amendment No. 3) (Jersey) Regulations 201- (P.51/2012)..............................................................................111

11.1 Senator F. du H. Le Gresley (The Minister for Social Security): ......................111

1. Deputy G.P. Southern : .............................................................112
2. Deputy R.G. Le Hérissier:..........................................................112
3. Senator F. du H. Le Gresley:.......................................................112 Deputy K.L. Moore of St. Peter (Chairman, Health, Social Security and Housing Scrutiny Panel):................................................................................113

12. Draft Petroleum (Amendment No. 3) (Jersey) Law 201- (P.52/2012) ................114

1. Senator B.I. Le Marquand (The Minister for Home Affairs): ..........................114

1. Deputy G.C.L. Baudains: ..........................................................114
2. Deputy G.P. Southern : .............................................................115
3. Senator S.C. Ferguson:.............................................................115
4. Senator B.I. Le Marquand:.........................................................115 Deputy J.M. Maçon (Chairman, Education and Home Affairs Scrutiny Panel):..............115

2. Senator B.I. Le Marquand:............................................................115

1. The Connétable of St. John : ........................................................115
2. Senator L.J. Farnham : ..............................................................116
3. Senator B.I. Le Marquand:.........................................................116

13. Draft Petroleum Substances (Jersey) Regulations 201- (P.53/2012) ..................117

1. Senator B.I. Le Marquand (The Minister for Home Affairs): ..........................117

1. Senator S.C. Ferguson:.............................................................118
2. Deputy G.C.L. Baudains: ..........................................................118
3. The Connétable of St. John : ........................................................118
4. Deputy R.G. Le Hérissier:..........................................................118
5. Senator B.I. Le Marquand:.........................................................118

2. Senator B.I. Le Marquand:............................................................119

1. The Connétable of St. John : ........................................................120
2. Senator S.C. Ferguson:.............................................................120 Deputy J.M. Maçon (Chairman, Education and Home Affairs Scrutiny Panel):..............120
3. Deputy G.C.L. Baudains: ..........................................................120
4. Connétable J. Gallichan of St. Mary:...............................................120
5. Deputy M. Tadier :..................................................................120
6. Senator L.J. Farnham : ..............................................................120
7. Deputy T.A. Vallois:...............................................................120

8. Senator B.I. Le Marquand:.........................................................121

14. Draft Fire Precautions (Amendment No. 2) (Jersey) Law 201- (P.54/2012)..........121

1. Senator B.I. Le Marquand (The Minister for Home Affairs): ..........................121

1. Deputy J.M. Maçon:................................................................122
2. Deputy J.H. Young: ................................................................123
3. The Connétable of St. Lawrence:...................................................123
4. Deputy G.C.L. Baudains: ..........................................................123
5. Senator B.I. Le Marquand:.........................................................123

2. Senator B.I. Le Marquand:............................................................124

1. Deputy J.H. Young: ................................................................125
2. The Deputy of St. Martin : ..........................................................125
3. Senator B.I. Le Marquand:.........................................................126

14.3. Senator B.I. Le Marquand:............................................................126

1. Deputy M.R.Higgins:..............................................................126
2. Senator B.I. Le Marquand:.........................................................126

15. Public Employees Contributory Retirement Scheme: Committee of Management - appointment of member (P.58/2012)..................................................128

15.1 Senator I.J. Gorst (The Chief Minister):...............................................128

16. States of Jersey Development Company Limited: appointment of Non-Executive Director (P.59/2012)....................................................................129

16.1 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):....................130

1. Deputy J.H. Young: ................................................................131
2. Senator A. Breckon:................................................................132
3. Deputy M.R.Higgins:..............................................................133
4. Senator P.F.C. Ozouf : ..............................................................133

ADJOURNMENT..............................................................................135

[9:30]

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

QUESTIONS

1.Written Questions

1.1. DEPUTY S.S.P.A. POWER OF ST. BRELADE OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING AIRPORT HANGAR FACILITIES:

Question

Can the Minister advise –

1. how much hangar space is available at the Airport for commercial aircraft that may need covered maintenance or repair?
2. whether the Blue Islands ATR aircraft that recently suffered undercarriage collapse can be housed in any hangar?
3. what covered facilities, if any, are available for air accident investigators to study such incidents?

Answer

1. The available hangar space at Jersey Airport is limited by aircraft size and availability. The three hangars that could accommodate a commercial aircraft have varying limitations in aircraft size; the largest being able to accommodate small commercial aircraft in the region of the 20 to 30 seats range; while the smallest hangar has the capacity to accommodate aircraft in theregion of 8 to 10 seats.
2. Unfortunately, the Blue Islands ATR aircraft cannot be suitably accommodated in any hangar at Jersey Airport. One privately owned hangar could partially accommodate the ATR aircraft. However, the aircraft's tail section would not be able to fit and part of it would remain outside, which would result in not being able to fully close the hangar doors.
3. If the aircraft is of a size that could fit into a privately owned hangar then there are three potential facilities available. However, if the size of the aircraft is deemed too large (which the majority of commercial aircraft types operating in Jersey are) then there are no permanent covered facilities available. Aircraft operators do have the option of establishing a temporarystructure in a suitable location on the aerodrome to accommodate investigations and subsequent repairs.

2. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE NATIONALITIES OF THOSE IN RECEIPT OF INCOME SUPPORT:

Question

Will the Minister –

1. provide a breakdown of adult recipients of Income Support by nationality, including a comparison with the nationality breakdown provided in the 2011 Census;
2. state what percentage of Income Support claimants have –
   1. lived in Jersey for more than 10 years;
   2. lived in Jersey for between five and 10 years;
3. provide a breakdown of Social Security contributors by nationality, including a comparison with the nationality breakdown provided in the 2011 Census?

Answer

Using data extracted on 18 June 2012, nationality information[1] is available in respect of 7,690 adult recipients of income support. Under the Income Support law an adult is defined as anyone over compulsory school leaving age.

The table provides a breakdown of these recipients by nationality.

This compares with place of birth information gathered through the 2011 Census:

These percentages are in respect of adults in Jersey at the time of the census (March 2011) aged 16 and above.

Information held by the Social Security Department for contribution purposes includes the dates when individuals register with the Department. An individual who leaves the island and returns at a later date will have two (or more) dates recorded. However, this data does not provide a complete record of individuals living in Jersey as, for example, individuals may leave the island without informing the Department. The following statistics have been collated by cross-referencing this information against details of current Income Support claimants.

• 80% of adults included on income support claims have been registered with Social Security for at least the last 10 years.
• 13% of adults included on income support claims have been registered with Social Security for at least the last five years.
• 7% of adults included on income support claims were most recently registered less than five years ago.

As noted above many adults spend some time in Jersey, and some time in other countries. The 7% of adults with their most recent registration date less than five years ago will include a large number of Jersey born individuals who have lived in Jersey for many years, left the island for a period, and recently returned.

It will also include individuals who have recently arrived in Jersey as the partner of an individual who is entitled to income support. Proposition P.56 proposes a change to Income Support so that each adult in an Income Support household will need to individually satisfy the Income Support residence test in order to receive the adult component and this proposition will be debated at the next States sitting.

Information on nationality[2] is available for 46,294 adults with employed earnings in December 2011as submitted to the Department. This includes all adults over compulsory school leaving age who were working for an employer in this month. It does not include individuals who were solely self employed. It does include individuals above pension age who remain in paid employment.

Census data on place of birth is available for men aged 16-64 and women aged 16 -59.

3. BY DEPUTY  S.S.P.A.  POWER  OF  ST.  BRELADE  OF  THE  MINISTER  FOR TRANSPORT  AND  TECHNICAL  SERVICES  REGARDING  AN UPDATE  OF EXISTING MOTOR TRAFFIC REGULATIONS:

Question

Can the Minister outline what plans the Department has for overhauling and updating certain provisions under the Motor Traffic Regulations (referred to during questions without notice on 26th June 2012) and whether consideration has been or will be given -

1. to sub-contracting out the inspection and registration of all new vehicles coming into Jersey?
2. to allowing the registration and use of Quad bikes with differentials by changing the Regulations?
3. to allowing the ownership and use of Segway machines by modifying Regulations?
4. to Jersey recognising advanced heavy motorcycle training and licensing qualifications gained at UK government approved motorcycle centres?

Answer

DVS is a small specialist organisation with a large volume of primary statutory duties to fulfil, which the public reply upon. As a result of the Comprehensive Spending Review and previous reviews, it has become a lean organisation with little capacity for contingency. Recently, it has unavoidably suffered from the long term sickness of key personnel whose roles, due to their specialist nature, are difficult to backfill. As a result of this, discretionary tasks have to be prioritised on the basis of their contribution to road safety and the proportion of the population which will benefit from the initiative.

At present the capacity does not exist to undertake the research and consultation overhauling Road Traffic legislation requires (Motor Traffic legislation applies to public service vehicles and public service vehicle drivers). I am aware that it might be desirable to amend the legislation to afford a small number of residents the opportunity to operate certain vehicles for personal use on roads in Jersey but I am afraid this cannot be a priority for the department or law drafting.

In respect of the Deputy 's specific queries:-

1. While I am aware of agencies that have been established in other European jurisdictions to inspect and register motor vehicles, I am not aware of the private sector assuming responsibility for registering motor vehicles. Registering motor vehicles is considered essential to maintaining safe vehicles on our roads, reducing the opportunities for motor vehicle crime, money laundering and terrorism and is governedto a great extent by the need for reciprocity and European Directives. Where possible, opportunities to improve efficiency in the processes of inspecting and registering vehicles are and will continue to be implemented.
2. Quad bikes used for the purposes of agriculture are registered in Jersey. Agricultural vehicles are exempted from a number of requirements of the Road Traffic Law's Construction and Use and Lighting Orders. Primary and secondary legislation will have to be amended to permit quad bikes designed for road use to be registered for and ridden on Jersey's roads. Amending the legislation is likely to require significant officer time and law drafting time. Regulations will have to be debated and approved by theStates. Previous Ministers have considered promoting amendments to legislation to permit quad bikes for general use, however, there has been little in the way of political support. For example, when consulted in 2010, the Comité des Connétable s decided "it does not support amending legislation to permit quad bikes to generally circulate on roads in Jersey at the present time."
3. My predecessors also considered Segways. There is nothing preventing a person owning a Segway orusing it on private land, however, it cannot be used legally on public roads. Due to the narrowness ofour pavements and the extensive use of pedestrian areas, it is expected there would be resistance from the general public to the use of such vehicles in these areas, in much the same way that cycle use is resisted. It is also questionable whethertheSegway should be looked atin isolation from other similar means of personal transport not covered by existing legislation, such as other electric personal vehicles. If it was to be arguedthat the Segway should be treated in a similar fashion to electric mobility scooters, electrically assisted pedal cyclesandthe like, ie it is not a motor vehicle, then it would still be necessary to stipulate certain criteria asto construction, rider ability and suitability and safety (for riders and otherroad users, particularly pedestrians). This will require Regulations to exempt the vehicle from being a motor vehicle and an Order to provide for certain matters in the construction, restrictions on riders and safe use of this vehicle. Whilst, the Sustainable Transport Policy requires that I take "a proactive role in identifying low or zero emissions personal transport and ensure that legislation encourages their use, providing that safety is not compromised" there is little evidence from elsewhere to suggest that the resources involved in addressing the above mentioned issues would be a worthwhile investment. With a price tagof circa £5,000, the number of Segways likely to be sold and used in Jersey would be small unless organisations such as the police or Jersey Post decided that there was an argument to purchase and use a fleet of the vehicles.

4. A heavy motorcycle licence obtained via "direct access" by a UK resident who then moves to Jersey is recognised for exchange for being granted a Jersey licence. However, it is not feasible to recognise "advanced heavy motorcycle training and licensing qualifications gained at UK government approved motorcycle centres" for Jersey residents. A Jersey resident cannot be granted a UK provisional licence to ride a heavy motorcycle nor can a Jersey resident ride a heavy motorcycle in the UK while only holding a category A provisional licence. As withother issues raised in the Deputy 's question, I expect the Road Safety Strategy to consider and make recommendations on a number of these issues.

4. THE CONNÉTABLE OF ST. JOHN OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE RECENT RED ENSIGN CONFERENCE:

Question

Further to the press release dated 27th June 2012, would the Minister supply details of who attended the Red Ensign Conference in the Isle of Man and the total cost of the entire trip and its duration.

Given that one of the key outcomes of the conference was to remind British Consuls overseas of their duties to support the interests of British and not just UK shipping worldwide, does the Minister consider that Jersey has been appropriately represented in relation to Jersey registered Vessels overseas and, if so, give examples?

Answer

Conference –

1. The delegates from Jersey were as follows:

Economic Development Department: Registrar of Shipping and Assistant Registrar Chief Minister's Department: International Relations Officer

Law Officers Department: Legal Adviser

2. Totalcost £2,489, including all travel and accommodation. Most food costs were covered by the host Administration in the Isle of Man.
3. Duration 3 days.

British Consuls –

The extent of the support available overseas to British seafarers and British shipping was not an issue that was raised by Jersey. The issue arose from a recent situation where a consulate was unclear as to its responsibilities regarding a seafarer in a ship registered in a UK Overseas Territory.

The Foreign and Commonwealth Office brought the matter to the conference. Notwithstanding that position, the Jersey delegation were pleased the matter was discussed as it served as a useful reminder of the potential value of the consulates.

The Jersey Registry provides services to consular officers based in the Island, but there has been no contact with British consular officers based overseas in recent times. That situation would more likely arise where an owner has perhaps had his Certificate of Registry stolen or it has been lost and assistance was needed in providing alternative documentation. There used to be more evidence of consular activity when the stipulations for the qualifications of a witness were less lenient and officers were frequently used for witnessing signatures on a Declaration of Eligibility or other registration documents.

There is a general comfort factor in having access to a consular officer wherever a boat owner may be in the world (indeed that is one of the marketing factors for the Red Ensign flag). So, there is no harm in high-lighting their responsibilities and the need for them to remain accessible and approachable.

A list of some of the services available are to be found in the UK Consular Fees Order 2012 and these include verifying the authenticity of a copy of a document (such as the ship's papers), witnessing signatures, administering an application for the registration of a birth or a death, and administering an application for Emergency Travel Documents or passports.

5. SENATOR S.C. FERGUSON OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE EFFECT OF POWER CUTS ON SERVICES FOR JERSEY TELECOMS' FIBRE OPTIC CABLE CUSTOMERS:

Question

Will the Minister, as the shareholder representative, advise whether Jersey Telecom's fibre optic line customers were unable to make a fixed line call to the emergency services during the recent power cuts and, if so, outline what options are under consideration to remedy this situation to ensure that in the event of a power cut vulnerable members of our community are able to make calls and, if emergency batteries are to be supplied, who will meet the costs – Jersey Telecoms or the consumer and has this been included into the overall cost of installing the fibre optic line throughout the Island?"

Answer

JT customers were able to make fixed line calls to the emergency services during the recent power cuts if they had a battery backup installed. However, the kinds of cordless handsets currently used by the vast majority of households also need electrical power for the telephone line to work so to that extent there is no difference between the fibre optic network being rolled out and the legacy copper network that it is replacing. From a network perspective, as JT has invested in backup power supply for its fibre optic network, it continued to operate as normal during the recent power outage.

JT is currently working with interested parties to agree how to ensure that vulnerable members of our community are properly catered for and this may include providing battery backup for the equipment provided in their homes. The cost of providing backup services for vulnerable users was included in the business case as a cost to JT. Any other users who want backup units can buy them from JT or from other sales outlets.

6. DEPUTY M. TADIER OF ST. BRELADE OFH.M. ATTORNEY GENERAL REGARDING THE COURT COSTS ASSOCIATED WITH DRUG OFFENCES IN 2011:

Question

What were the total court costs incurred from the prosecution of drug offences in 2011? What was the breakdown for cannabis related offences and for other drug offences?

What money, if any, was recovered from these offences and paid into the Criminal Offences Confiscation Fund and what was the net difference between cost incurred and funds seized?

Answer

It is not possible to provide an estimate of the total court costs' incurred in drugs prosecutions as this involves many different departments including the Bailiff 's Chambers, Judicial Greffe and Viscounts Departments all of which are involved in the criminal justice system. However, in terms of prosecution costs, the following information is available.

In 2011, there were 24 cases sentenced in the Royal Court for drugs offences. Of these, eight were prosecuted by external Crown advocates for which the total expenditure was £71,940. This figure includes fees to Crown advocates and other miscellaneous costs such as interpreters fees, etc.

Two of the cases were for offences involving only cannabis, and both were prosecuted by Law Officers' Department staff. Of the remaining 22 cases, four cases included charges involving cannabis as well as more serious offences involving for example heroin and cocaine.

Confiscation orders in the total sum of £31,809 were made by the Court at sentencing, of which £770 was attributable to the two cannabis only cases. Money recovered as a result of the prosecution of drugs offences is paid into the Drug Trafficking Confiscation Fund.

The above information covers only the cost of drugs related prosecutions in the Royal Court. It does not take into account the cost of prosecutions in the Magistrate's Court but no external Crown advocates were used in the Magistrate's Court during 2011.

7. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HEALTHAND SOCIAL SERVICES REGARDING STAFFING AT THE HEALTH AND SOCIAL SERVICES DEPARTMENT:

Question

Will the Minister expand on her answers to oral question 6960 of 26th June 2012 by providing –

1. a list of all current unfilled FTE posts across all departments in Health and Social Services(HSS), whether currently advertised or not, along with their respective grades;
2. a similar list ofthe additional 145 FTE posts needed in 2013to start to deliver the new HSS strategy, including the increases to be delivered by the third sector, and advise whether any additional outsourcing has already taken place: and,
3. a list of those clinical staff approaching retirement by the end of phase 1 ofthe strategy in 2015?

Will the Minister further inform members whether she realistically expects to be able to deliver these posts by 2015 under the current public sector wage offer of 0% for 2012, 1% unconsolidated for 2013 and up to 3% subject to changes of terms and conditions for 2014, and if not, why not?

Answer

1. a list of current vacant FTE posts in HSSD is below. 196 vacancies out of a total workforce of 2311 FTE represents a vacancy rate of approximately 8.5%.  HSSD cannot provide more detailed information about the status of these posts without undertaking a time intensive cross referencing process that will divert essential resources from priority tasks.

2. i)  a list of additional posts potentially required to deliver the initiatives outlined in the White Paper is attached. This is a working document. It will change, subject to the States debate and the ongoing refinement ofthe White Paper business cases, hence the total FTE listed is different to that referred to in Question 6960.

2. It has been clearly established that HSSD envisages that the Third Sector and other providers will have an active role in delivering new and/or extended community based health and social services. This will almost inevitability require the organisations that are successful at tender to increase their staff numbers, but that is a decision for those organizations not for HSSD.

It is possible that some of the new roles outlined in b i) may work out of third party organization as opposed to HSSD but this level of detail is not known at this early stage.

3. HSSD already outsources a range of services to Third Sector organisations, such as FNHC, and has historically always done so.

3. the number of medical staff due to retire by 2015 is 7. HSSD cannotproduce a list of all clinical staff, including medical staff, due to retire without diverting essential resources from priority tasks.

Issues relating to the public sector wage offer form part of ongoing negotiation and discussion between the States and Trade Unions. Until these are concluded and the outcome known I cannot comment on the potential impact, if any, on staff recruitment.

Potential additional staffing requirement associated (2013 – 2015)

8. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR EDUCATION, SPORT  AND  CULTURE  REGARDING  THE  FUTURE  OF  HAUTLIEU  AND HIGHLANDS COLLEGE:

Question

1. Will the Minister explain to members whyhe failed to announce plans for the appointment of a single head for Hautlieu and Highlands in the States Assembly and chose instead to give the details to the press?
2. Does the Minister accept that by adopting the approach he has, he has closed down any possibility of public debate of the principles involved in the Assembly and elsewhere?
3. Do the terms of reference of the review into "enhancing options for students" include:

1. targets for efficiency savings, other than the £1million identified for the tertiary sector by Tribal in 2010;
2. the potential scrapping of 14+;
3. the amalgamation of Hautlieu and Highlands into a single institution;
4. the savings that could be made by having a single tertiary centre to meet the needs of all the Island's post-16 students, to include the fee paying sixth forms?

4. Will he also state whether this new initiative is intended to replace the missing £3.6 million from his CSR savings targets resulting from the abandonment of proposals to reduce the subsidies to the fee-paying sector and, if not, does he intend to re-introduce reductions in these subsidies in the period to 2016?

Answer

1. This is not the appointment of a single head for Hautlieu and Highlands' rather it is the appointment, on a two-year temporary basis, of an Interim Executive Principal for the specific  purpose  of carrying  out a  review  of enhancing  options  for  students  at both institutions.
2. No. This is a two-year review. There are no predetermined outcomes and, at this early stage, no proposals for any change.

3.

1. No. No savings targets have been identified.
2. No.
3. No. Each institution will retain its own character and ethos throughout the two-year review.
4. No. This reviewis looking only at Highlands and Hautlieu and any opportunities that may exist for giving students wider choice inthecoursesthey take and better educational outcomes.

The terms of reference will be finalised by the Joint Steering Group shortly. 4. No and no. The Deputy will note that a revised set of CSR savings for ESC, for the extended period to 2016, were published last week. Highlands and Hautlieu are not included.

9. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE REMOVAL OF FINAL SALARY PENSIONS FOR PUBLIC SECTOR EMPLOYEES:

Question

Will the Minister explain why his major proposal to remove final salary pensions for public sector employees appeared in the press in advance of any statement to States members or to public sector representatives?

Does he not consider that while negotiations on pay, terms and conditions for the public sector are at a sensitive stage, his statement may be seen as inflammatory?

Will he explain to members:

1. why this issue was not left to the States Employment Board to consider as part of its modernisation programme for the public sector;
2. why this problem is so urgent when "Jersey is far better placed thanother jurisdictions" and "the Island's public sector pension pot has a very enviable balance of £1.2 billion";
3. whether he intends to renege on the recently negotiated agreement that the States were to cover pre-1987 shortfalls in return for higher contributions/smaller pensions;
4. whether he is including teachers pensions in this proposal, despite the fact that the teachers' pension fund which is financed differently to that in the UK and currently has assets of $300 million which makes it healthy'?

Answer

In common with many other jurisdictions the States Employment Board is in the process of reviewing existing public sector pension provision. Many members will be aware of the independent review undertaken by Lord Hutton of UK public sector pensions – this important report has already led the way to some significant changes in the contributions and benefit structures of UK public sector pensions. Future pension arrangements in Jersey must have regard to Lord Hutton's recommendations, to facilitate movement of staff to and from the UK through Jersey's continued membership of the Public Sector Transfer Club.

A review of PECRS is underway and a Technical Working Group was set up at the request of the States Employment Board in 2011. The Group's key principles are sustainability (for hopefully some 25 years), affordability (for employees and Jersey tax payers), and fairness for all employees. After the normal process of discussion and negotiation with the trade unions, it is expected that revised pension arrangements will be in place by January 2015.

It is the Treasury Minister's job to ensure that all aspects of States expenditure are dealt with in an appropriate way. To ignore pension issues is not acceptable –increasing longevity places a real risk on these schemes which must be addressed.

1. The Technical Working Group was set up by the States Employment Board and the Treasurer reports to the SEB on progress atkey points. Pensions are a highly complex and technical area and require specialistknowledge, expertise and advice. Changing a pension scheme involves long term strategic decisions. The underlying structure of these Schemes is fundamental to the benefits package that is offered to employees.

2. In addition tothe Hutton report, two independent reviews – one commissioned by the States Employment Board, the second undertaken by the Committee of Management who run the PECRS - agree that the final salary pension schemes are unsustainable in their current form. Increasing longevity and expected lower investment returns on assets mean changesare necessary. Doing nothing is not an option.
3. The Statestook responsibility for the Pre-87 debt and is paying that debt within the 10 point agreement with the Committee ofManagement.There is no intention to renege on this agreement.
4. PECRS is oneoftwo final salary schemes for States of Jersey employees - it is by far the larger ofthetwo which is why it is being tackled first.Both schemes are funded schemes and have investmentstopay pensions but if wedonotaddressthestructural issues, suchas increasing longevityand lower investment returns, neither scheme will remain healthy'.

10. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING CSR SAVINGS PROPOSALS:

Question

Further to the CSR savings and user pays proposals listed in a press release on 25th June 2012, will the Minister state –

1. how he can make additional savings of £1,086,000 from demographic changeswhen both primary and tertiary numbers are increasing;
2. what data will enable savings of £1.5 million (17%) on tuition fees and how confident is he that these will be delivered by 2016;
3. how will the increase in grant assessment savings be calculated and staged?
4. how will the introduction ofanoutofschool placement for key stage 4 (already achieved by Trident) produce a £250,000 saving?
5. how will the additional £90,000 charges be delivered, how will it be staged over the period and what will the average cost of instrumental music lessons now be?
6. what cost/benefit analysis has been performed on the loss of a trainee librarian?
7. what additional posts will be lost in restructuring the youth service and sports management, will these involve redundancies and, if so, how many?
8. how the £320,000 saving on property charges for provided schools and £312,000 grant to independent schools will be achieved and how it is to be staged?
9. what "consistent application of funding formula to fee-paying schools" means?

Answer

1. This saving relates to secondary school demographics. Numbers are going up in primary schools and tertiary education but they are currently going down in secondary schools. The dip in the number of secondary age students is predicted to reach the lowest point at 2016, which is when there will be the smallest year groups. After that the numbers will start to rise again. Schools are funded per student' so the effect of lower pupil numbers is that there will automatically be less money going into schools. In future the picture will change. As the large number of children now in primary schools move up to secondary, the trend will be reversed and growth bids will have to be submitted.

2. In 2010 the ESC Department received notice of a major change in the UK government's policy regarding university tuition fees. This change was expected to result in a significant increase in higher education costs for Jersey and a successful growth bid for £1.5 million was submitted at the time in preparation. Subsequently, the UK government delayed implementation of the new tuition fee structure for a year. In addition, officers negotiated a 6% reduction in fees for students who started in September 2010. These two factors meant the £1.5m was not required and could be returned. However, negotiations are still underway for September 2013 and beyond, and there is still considerable uncertainty about the fee levels for the future and provision for this may have to be made in the Medium Term Financial Plan.
3. I am considering the introduction of a new form of means-testing based on household income. The savings which have been identified are based on the experience in other jurisdictions who adopted this method of assessment. If this is implemented it will only affect new students from 2013. The full saving will be realised by 2016 when all Jersey students are under the new system.
4. This is not connected to Trident, which is a work placement scheme. It relates to the reorganisation of special needs at the Alternative Curriculum. A new model will be developed that offers greater opportunities for these students to access vocational options for their education.
5. Details are being finalised but the charges will be kept as low as possible. This is a new user- pays charge and will be the subject of a report and proposition.
6. The Library Service is fully staffed and trained at the moment and succession planning is not an issue in the next few years. This saving will have no impact on frontline services.
7. One administration post will be lost when the incumbent retires. There will be no redundancies. Other savings will be generated by reorganisation but all frontline services will be maintained.
8. The property charges have been agreed with the States fee-paying schools. Payments commenced in 2011 and will be gradually increased over a five year period to 2016. The £312,000 grant reduction for independent schools relates to St Michael's School, whose grant is being phased out over five years to 2016.
9. Fee-paying secondary schools receive a grant equivalent to 50% of the cost of funding a student in a non fee-paying States school. Similarly, most fee-paying primary schools receive a grant equal to 25% of the cost of a States non fee-paying primary school place. The existing policy also allows for funding of up to 40% of the cost of education a pupil in a provided primary school when the school is only providing for the primary phase of education and can demonstrate financial difficulty'. This assistance was given to one primary school when numbers were low. The school is now in a much stronger position and the grant will revert to the normal level.

11. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE AUTOMATIC INFORMATION EXCHANGE UNDER THE EUROPEAN UNION SAVINGS TAX DIRECTIVE:

Question

Will the Minister explain to members why it is not in the Island's interest to join Guernsey and the Isle of Man in signing up to the automatic information exchange under the European Union (EU) Savings Tax Directive?

To prevent any repeat of the recent K2 publicity and to improve our reputation for transparency, will the Minister explain whether the coverage of the EU Savings Tax Directive will be extended to include disbursements from Jersey based trusts to residents in the UK and elsewhere and, if not, why not?

Will the Minister also state whether the introduction of a requirement for full public disclosure of the ultimate beneficial owners of all companies registered in Jersey has been considered and, if not, why not?

Will he further state whether the introduction of a requirement for all Jersey based paying agents (i.e. banks, trust administrators, company administrators, etc) to declare income and capital distributions to persons resident in the UK and elsewhere in the world to the Jersey tax authorities, in order that the Island authorities are able to meet their commitment to co- operate with international exchange of tax information has been discussed with regulators and, if not, why not?

Answer

The question is in four parts and they are taken in turn as follows – First paragraph

When in 2004 Jersey agreed to help the EU Member States in the implementation of the EU Savings Tax Directive (EUSD) the initial thought was to follow the Member States in adopting automatic exchange of information. However when a key competitor among the Member States, Luxembourg, and others, decided to favour the withholding tax option Jersey, along with Guernsey and the Isle of Man, considered that it should follow suit to protect its economic interests. However the agreements signed with each of the 27 EU Member States provided that as soon as all the Member States adopt automatic exchange of information Jersey would do the same.

The question posed is why is Jersey's position different from that of Guernsey and the Isle of Man both of whom have adopted automatic exchange of information for the EUSD without waiting for the EU. The answer lies in the fact that Jersey has a different business mix and therefore a different degree of competitive pressure. This is reflected in the fact that the finance industry in Guernsey and the Isle of Man saw less competitive threat from the early adoption of automatic exchange of information than the industry in Jersey. Jersey's position, as explained to and understood by officials in the European Commission, has remained that Jersey should not be expected to bear an economic cost from making a change which the EU Member States themselves cannot agree on. Accordingly, Jersey continues to wait for the Member States to set a date for when automatic exchange of information would apply to all 27 Member States.

Second paragraph

Luxembourg and Austria are currently blocking progress on the planned extension of the scope of the EUSD to cover trusts and companies. Jersey has indicated to the European Commission that it is prepared to give further support to the EU by providing for the extension through the necessary amendment to the existing EUSD Agreements with the individual Member States. However, it has also been mentioned to the Commission that it may prove difficult to obtain the States' ratification of the amended Agreements if at that time Jersey is being discriminated against by Member States in allowing access to financial markets within the EU.

The next step is for the Member States to agree on the mandate to be given to the European Commission to negotiate amendments to the existing EUSD agreements with non-EU jurisdictions. We have been informed that once that mandate has been agreed negotiations will commence with Switzerland and, when it is clear that good progress is being made, negotiations will be opened with the Crown Dependencies and other associated or dependent territories. We are therefore waiting on the EU, for the extension of the existing EUSD Agreements to cover trusts and companies is not something that can be done independently of the EU.

Third paragraph

On the matter of the availability of information on the ultimate beneficial ownership of companies registered in Jersey, we are currently recognised as a leader. Information is available both in the company registry in respect of all Jersey incorporated companies and in the hands of the regulated trust and company service providers in respect of companies administered incorporated in Jersey and elsewhere.

At a recent Tax and Crime Forum held by the OECD in Rome Jersey was held up by the World Bank as the example for others to follow in complying with the current international standards. Specifically it was stated that Jersey leads the way in combining effective company registry requirements with the rigorous regulation of trust and company service providers to ensure that beneficial ownership information is available. Mention was also made of the fact that in the World Bank report on "how the corrupt use legal structures to hide stolen assets and what to do about it" the Jersey model is used to describe the conditions under which the company registry can be considered a viable option for providing beneficial ownership information At meetings of FATF working groups the USA also has referred to Jersey as a leader, and has indicated that because of resistance from individual States such as Delaware they believe it is unlikely that they will be able to get agreement in the foreseeable future on the placing of the same high level of obligations on those providing trust and company services.

Jersey is committed to complying with all relevant international standards. Currently there is no indication of international support for the full public disclosure of ultimate beneficial ownership. None of the international standard setters have proposed this. The FATF has just revised its recommendations and issued a new interpretative note on beneficial ownership which states that countries should ensure that either; (a) information on the beneficial ownership of a company is obtained by that company and available at a specified location in their country; or (b) there are mechanisms in place so that the beneficial ownership of a company can be determined in a timely manner by a competent authority. Jersey fully meets the latter requirement, as independent assessments have shown.

If in the future the international standard setters agree on a global requirement for public disclosure of ultimate beneficial ownership Jersey can be expected to respond to this alongside other countries. In the meantime we will watch with interest the steps taken by the USA, UK and others to match Jersey in the availability of information on beneficial ownership which can also be accessible when it is properly required.

Fourth paragraph

The Island authorities continue to honour their commitment to co-operate in the international exchange of information in accordance with current international standards. To-date 115 requests for information have been received and in no cases have those approached for information presented any difficulty in supplying the information requested. Where required this includes

information on income and capital distributions to the taxpayer concerned. As with other countries who are similarly meeting their international obligations, and in an equally satisfactory way, Jersey's ability to meet the current international obligations does not call for a general and extremely burdensome requirement to be placed on all institutions to declare all income and capital distributions to persons resident in the UK and elsewhere in the world to the Jersey tax authorities.

12. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR HOME AFFAIRS REGARDING POLICE SEARCHES AT INCORRECT ADDRESSES: Question

In each of the last 5 years, how many police searches have been carried out at incorrect addresses and what procedures, if any, are in place to prevent this happening?

Answer

The question could be understood in 3 different ways, as follows:-

1. that the police search was  conducted  at different premises to those which the police intended to search;
2. that thepolicesearchwasconductedatthepremiseswhichthey intended to search butthe description of the premises on the warrant was not correct; or
3. that the police search was conducted at the premises which they intended to search and the description of the premises in the warrant was correct but the information which ledtothe obtaining of the warrant was incorrect.

In relation to (a) the senior police officers are not aware of any such occasion during the last 5 years.

In relation to (b) they are aware of only one during the last five years (in 2011), which has been previously publicised. This has resulted in a change of procedure in that officers are now instructed, where there is any degree of uncertainty, to use the local knowledge of the Parish Honorary Police in order to check the accuracy of the description of the premises.

In relation to (c) it is not possible without a huge amount of work to give an answer, although on occasions the execution of a warrant may not produce the anticipated evidence either because relevant  items have been removed earlier, or because the underlying information is incorrect.

13. DEPUTY T.M. PITMAN OF ST. HELIER OF H.M. ATTORNEY GENERAL REGARDING THE ELECTION OF JURATS:

Question

Will H.M. Attorney General provide the following information relating to all individuals elected to the position of Jurat since 1987 (a 25 year period) –

1. name
2. date of appointment
3. gender
4. ethnicity
5. secondary education background
6. professional background?

Answer

This subject of this question is not within the responsibility of the Attorney General. However, in an effort  to  assist the Attorney General  has  made enquiries of the Judicial Greffe who  have provided the following information:

Name

Mazel Joan Le Ruez

Alfred Vibert

Earnest William Herbert

Michael Arthur Rumfitt

Edward James MacGregor Potter Philip John de Veulle

Colin Clive Jones

Arthur Philip Quérée

Sally Carolyn Anne Le Brocq John Clude Tibbo

Roy Malcolm Bullen

John Lyndon Le Breton

Donald Henry Georgelin Geoffrey Charles Allo

Jill Meredith Clapham

Lorna Jean King

Stanley John Le Cornu

Peter John Morgan

Catherine Mary Newcombe

John Richard Paul Frith Liddiard Geoffrey William Fisher

Robert John Kerley

Suzanne Elizabeth Marett-Crosby Paul Nicolle

Collette Anne Crill

Sylvia Margaret Milner

Anthony John Olsen

Michael Joseph Liston

Year of swearing

in Gender 1987 Female 1989 Male 1990 Male 1990 Male 1994 Male 1995 Male 1996 Male 1996 Male 1997 Female 1997 Male 1998 Male 1998 Male 1999 Male 1999 Male 2001 Female 2003 Female 2004 Male 2004 Male 2004 Female 2006 Male 2009 Male 2009 Male 2009 Female 2010 Male 2011 Female 2011 Female 2011 Male 2012 Male

The information sought in 4, 5, and 6 is not readily obtainable.

14. DEPUTY  T.M. PITMAN  OF  ST.  HELIER OF H.M. ATTORNEY  GENERAL REGARDING CASES TRIED BY JURY:

Question

Given that trial by jury ensures that both the plaintiff and defendant's case is heard by an entirely random cross-section of the  community, will H.M.  Attorney General outline  why  individuals initiating civil actions in Jersey are denied access to trial by jury as enjoyed by their counterparts in the UK; further still, what are the obstacles, if any, to the current position being reformed to ensure parity with the UK?

Answer

The question is incorrect in that it asserts that persons in the United Kingdom are entitled to trial by Jury in all civil actions. Today , almost all English civil cases feature a Judge and not a Jury. The only exceptions relate to an allegation of fraud, malicious prosecution, false imprisonment and libel/slander proceedings. This right is not absolute and a Judge can order otherwise if the trial requires any prolonged examination of documents or accounts or any scientific or local investigation which cannot conveniently be made with a jury.

On 10th May 2012, the UK government presented the Defamation Bill to Parliament. Section 11, as presently drafted, removes the presumption of a jury trial in libel cases.

Of course, Jersey has its own constitution and history. Jurats determine all civil matters including libel actions. Many other jurisdictions in Europe feature similar systems whereby judges and not juries decide civil cases. The European Court of Human Rights has ruled that a Court comprising of a Judge and Jurats provides a fair and impartial tribunal which is compliant with Article 6(1) of the European Convention of Human Rights and Fundamental Freedoms.

Save in relation to specific cases highlighted above, there is no material difference between the United Kingdom and Jersey and the question of ensuring parity does not therefore arise.

15. DEPUTY T.M. PITMAN OF ST. HELIER OF H.M. ATTORNEY GENERAL REGARDING THE PROFESSIONAL BACKGROUND OF JURATS:

Question

As the criteria precluding an individual from serving as a Jurat includes reasons as diverse as criminal convictions; holding a paid office with either the States or a parish and also being or being employed by a brewer and given that Jurats are sitting in judgment upon others and thus need both a commitment to justice and the law as well as sound and unsullied personal judgment, to what degree does evidence of such individuals putting the welfare of minors at risk of abuse by failing to comply with legislation also preclude election to the role of Jurat, and if such actions do not, why not?

Answer

The factors that prohibit someone from being elected as a Jurat are contained in Article 3 of the Royal Court (Jersey) Law 1948 and are:

1. the person holds any paid office orother place of profit under the Crown or the States or any administration of the States;
2. the person is a paid officer of any parochial authority;
3. the person has a curator of his or her person or property;
4. the person has an attorney without whom he or she may not act in matters real or personal;
5. an application madebythepersontothe Royal Courtto place hisorherpropertyunder the control of the Court (de remettre ses biens entre les mains de la Justice) has been granted;
6. the person's property has been declared en désastre;
7. an application made by the person to the Royal Courtto make a general cession of his or her property (de faire cession générale de tous ses biens-meubles et héritages) has been granted;

8. the person's property has been adjudged by the Royal Courtto be renounced (adjugée renoncée);
9. the person has made a composition or arrangement with his or her creditors;
10. the person has, within the 12 months immediately preceding the day of his or her appointment, received poor relief;
11. the person has, within the 7 years immediately preceding the day of his or her appointment, been convicted anywhere in the British Commonwealth of any offence and ordered to be imprisoned for a period ofnot less than 3 months without the option of a fine;
12. the person is the holder in his or her own name of a licence for the sale and consumption of spirituous liquors granted by the Assembly of Governor, Bailiff and Jurats, or is in the employment of any person to whom any such licence has been granted by the said Assembly;
13. the person is conducting in Jersey the business of a brewer or is in the employment of any person by whom the business of a brewer is conducted in Jersey

Anything other than that are matters for the Electoral College which can take all relevant matters into account.

16. DEPUTY T.M. PITMAN OF ST. HELIER OF H.M. ATTORNEY GENERAL REGARDING DISCIPLINARY SANCTIONS FOR LAWYERS AND ADVOCATES: Question

What disciplinary sanctions are in place in instances of lawyers/advocates being found to have attempted to charge incorrect amounts of money to clients - whether their own or, in an instance of adverse costs rulings, to clients of others; further still, how many disciplinary sanctions have been imposed in the past ten years and what form have these sanctions taken?

Answer

A client is entitled to challenge his advocate's bill of costs by reference to the terms and conditions of the contract between them. In the event of a dispute, the client and advocate can agree to partake in the voluntary fee adjudication process operated by the Law Society. In the event of an adverse costs rulings, the person subject to the order can request that the costs incurred by other advocates be assessed by the Judicial Greffe.

Deliberate overcharging constitutes a disciplinary offence. The current disciplinary process was introduced in 2007 when The Law Society of Jersey Law 2005 came into force. There are a range

of sanctions from private rebuke to suspension to being struck off. On 14th May, 2012, the Royal Court exercised its power to strike off an advocate in a judgment recorded at [2012] JRC 099.

Since 2007, 23 complaints have been passed to the Law Society's Disciplinary Panel:-

8 complaints were dismissed by disciplinary committees.

4 private rebukes were issued by disciplinary committees.

7 complaints were finally withdrawn by the complainant.

1 public rebuke was issued by a disciplinary committee but a subsequent appeal was upheld by the Royal Court.

3 matters are in the process of determination.

None of these matters concerned fee overcharging cases.

2. Oral Questions

1. Deputy R.G. Le Hérissier of St. Saviour of the Chief Minister regarding the Council of Ministers' views on independence:

Has the Council of Ministers discussed the issue of independence? Do the views on independence recently expressed by the Assistant Chief Minister with responsibility for External Relations represent those of the Council and if not, what is the Council's position?

Senator I.J. Gorst (The Chief Minister):

As you will be aware, there are 2 questions this morning on this issue and I propose to ask my Assistant Minister with responsibility for External Relations to answer the first and I will answer the second.

Senator P.M. Bailhache (Assistant Chief Minister - rapporteur):

I am glad to have the opportunity, both personally and on behalf of the Council of Ministers, to answer this question and to make clear to Members the views of the Council of Ministers on independence. My understanding is that the position of the Council of Ministers has not changed since the Council considered the Second Interim Report of the Constitutional Review Group in 2008. It is not Government policy to seek independence from the United Kingdom. However, it is Government policy to ensure that the Island is prepared for independence as part of any normal contingency planning process.

1. Deputy R.G. Le Hérissier:

Would the Assistant Chief Minister identify whether he gave interviews at the instigation of the Council of Ministers or whether this was a freelance effort on his own behalf?

Senator P.M. Bailhache :

The interview to the Guardian was given as a result of consultation among Ministers and at the request of Ministers. The correspondent concerned interviewed a large number of people in Jersey and my understanding is that a number of articles in the newspaper resulted from those interviews.

[9:45]

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

Has the Assistant Chief Minister, in his current role or in his previous role, had papers prepared examining the consequences of possible independence and, if so, will he release those papers so that Members of this Assembly can understand fully what the consequences of any preparation for independence might be?

Senator P.M. Bailhache :

The Second Interim Report of the Constitutional Review Group laid out a number of issues. That report was laid before the Assembly in 2008. It is a public document. It is available for anyone to see and, so far as I am aware, all the relevant information concerning the workings of that group were put into the public domain at that time.

3. Senator S.C. Ferguson:

Does the Assistant Chief Minister accept that this particular quotation has caused some considerable damage to the reputation of the Island as a stable jurisdiction?

Senator P.M. Bailhache :

I am not sure what statement the Senator is referring to. Perhaps she could clarify. Senator S.C. Ferguson:

The Assistant Chief Minister has been quoted as talking about independence for the Island and this has reached a number of newspapers, not just the Guardian, which is known for its leftist tendencies, but also newspapers on the Continent. Would the Assistant Chief Minister not accept that this particular quotation, whether or not it was taken out of context, has caused some damage to the reputation of the Island as a stable jurisdiction?

Senator P.M. Bailhache :

Could the Senator, for a point of clarification, repeat the quotation that she is referring to for Members' benefit please?

Senator S.C. Ferguson:

I really cannot remember the French one. Senator P.M. Bailhache :

I do not think that I have said anything to any newspaper correspondent. I have just repeated that to the Assembly in answer to the question of Deputy Le Hérissier. It is unfortunate that the Guardian newspaper chose to couple the comments, which had been made on contingency planning, with publicity that had been given to unfair tax of witnesses in the United Kingdom and sought to portray the comments on contingency planning as if that were a reaction to the controversy in the United Kingdom. That was not the case and the newspaper, in my view, was quite wrong to put that connection into the public domain.

4. Senator S.C. Ferguson:

Given that, whether or not the newspaper misquoted the Assistant Chief Minister, what measures are being undertaken to rectify the damage to the Island's reputation?

Senator P.M. Bailhache :

I do not accept that there has been any damage to the Island's reputation. I think that any sensible person would recognise that contingency planning is a sensible thing for any Government to do and I do not accept the premise to the Senator's question.

5. Deputy J.A.N. Le Fondré of St. Lawrence :

The Assistant Chief Minister made reference to the report or that was identified as a report to the Assembly but has the policy of being ready or to make preparations for independence if necessary .. I will give the quote: "The Island should be prepared to stand up for itself and should be ready to become independent if it were necessary in Jersey's interests to do so." That is what the Guardian has said. When was that policy, if that is a policy, endorsed by this Assembly?

Senator P.M. Bailhache :

I am not sure that it is the policy of the Assembly because it was the view that I was expressing to the journalist that if it was in the interests of the Island to become independent, that was a matter which should be considered. I think I expressed the view that it was not sensible to put one's head in the sand like an ostrich and refuse to accept that a possibility existed if that were in the interests of the Island.

6. Deputy J.G. Reed of St. Ouen :

For the sake of clarity, could the Assistant Chief Minister confirm the position of the present Council of Ministers and when this matter was considered by them?

Senator P.M. Bailhache :

The position of the Council of Ministers is exactly the same as the position of the Council of Ministers in 2008. It is not the Government's policy to seek independence. It is the Government's policy to make contingency plans.

The Deputy of St. Ouen :

The Assistant Chief Minister has not answered my question because he is suggesting that the view has not changed since 2008. He is not acknowledging that we have a new Council of Ministers made up of new States Members and I am asking the question, does this Council of Ministers support the issue as suggested by the Assistant Chief Minister?

Senator P.M. Bailhache :

I am sorry that I misunderstood the Deputy and I just perhaps should make it clear that I do not believe that the Council of Ministers has given detailed consideration to this issue during the currency of the term of office of the present Government. There was a brief discussion at the last meeting of the Council of Ministers but it went no further than that.