States Meeting Transcript - 11th December 2012

STATES OF JERSEY

OFFICIAL REPORT

TUESDAY, 11th DECEMBER 2012

QUESTION TIME.......................................................................................8

1. Written Questions..............................................................................8

1. THE CONNÉTABLE OF ST. JOHN OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING HANGAR8 AND THE PROJECTED RECEIPTS TO THE TREASURY AND THE PARISH OF ST. PETER:.........................................8
2. THE CONNÉTABLE OF ST. JOHN OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE ESTIMATED COSTS OF THE DEMOLITION OF JERSEY AIRPORT FREIGHT SHEDS:.....................................................8
3. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE CHAIRMAN OF THE ENVIRONMENT SCRUTINY PANEL REGARDING THE PROGRESS OF SCRUTINY REVIEWS UNDERTAKEN IN 2012:.......................................................9
4. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE CHIEF MINISTER REGARDING CHANGES TO THE TAX STRUCTURE:................................................11
5. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING WAITING LISTS FOR CONSULTANTS:...... 11
6. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING POLICE COMPLAINTS:..................................................13
7. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING STAFFING LEVELS:.............................15

8. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING REDEVELOPMENTS IN TOWN:...................17
9. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING CONSISTENCY IN PLANNING APPLICATIONS:24
10. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING WAITING TIMES FOR ELECTIVE SURGERY:25
11. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HOUSING REGARDING DEMAND FOR SOCIAL RENTED ACCOMMODATION:............ 26
12. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING INCOME SUPPORT ENQUIRIES AT THE CITIZEN'S ADVICE BUREAU:........................................................................27
13. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING FOREIGN ACCOUNT TAX COMPLIANCE ACT AGREEMENTS:..................28
14. DEPUTYT.M. PITMAN OF ST. HELIER OF H.M. ATTORNEY GENERAL REGARDING THE LEGAL OBLIGATIONS OF JERSEY COURTS:..................................29

15. DEPUTYT.M. PITMAN OF ST. HELIER OF H.M. ATTORNEY GENERAL REGARDING THE TRUST' STATUS OF THE STATES OF JERSEY:...............................29
16. DEPUTYT.M. PITMAN OF ST. HELIER OF H.M. ATTORNEY GENERAL REGARDING THE OWNERSHIP OF PUBLIC PROPERTY:...........................................30

2. Oral Questions................................................................................30

1. Connétable P.J. Rondel of St.Johnof the Minister for Health and Social Services regarding construction works undertaken at the General Hospital on 9th to 11th November 2012:31 Deputy A.E. Pryke of Trinity (The Minister for Health and Social Services):.................. 31

1. The Connétable of St. John :.................................................................31
2. The Connétable of St. John :.................................................................31
3. The Connétable of St. John :.................................................................31
4. Deputy T.M. Pitman of St. Helier :..........................................................31

2. Deputy G.P. Southern of St. Helier of the Chief Minister regarding the calculation ofthe sums involved in the 1% non-consolidated public sector employees pay award:.............. 32 Senator I.J. Gorst (The Chief Minister):..........................................................32

1. Deputy G.P. Southern :......................................................................32
2. Deputy G.P. Southern :......................................................................32
3. Deputy M.R. Higgins of St. Helier :.........................................................33
4. Deputy T.M. Pitman:........................................................................33
5. Deputy M. Tadier of St. Brelade :...........................................................33
6. Deputy J.H. Young of St. Brelade :..........................................................34
7. Deputy G.P. Southern :......................................................................34
8. Deputy G.P. Southern :......................................................................34

3. Deputy J.H. Young of the Minister for Planning and Environment regarding the current status of the approved Masterplan for the development of theSt. Helier Waterfront:.......... 34 Deputy R.C. Duhamel of St. Saviour (The Minister for Planning and Environment):.......... 34

1. Deputy J.H. Young:..........................................................................35
2. Deputy S. Power of St. Brelade :............................................................35
3. Deputy R.G. Le Hérissier of St. Saviour :.................................................. 35

4. Deputy R.G. Le Hérissier:..................................................................36
5. Senator S.C. Ferguson:......................................................................36
6. Deputy J.H. Young:..........................................................................36

4. Deputy M.R. Higgins of the Minister for Home Affairs regarding missing witness statements made by victims of child abuse:............................................................36 Senator B.I. Le Marquand (The Minister for Home Affairs):....................................36

1. Deputy M.R. Higgins:.......................................................................37
2. The Connétable of St. John :.................................................................37
3. Deputy T.M. Pitman:........................................................................37
4. Deputy M.R. Higgins:.......................................................................38
   5. Deputy G.C.L. Baudains of St. Clement of the Chief Minister regarding the progress of the proposed departmental restructuring:.......................................................38 Senator I.J. Gorst (The Chief Minister):..........................................................38

1. Deputy G.C.L. Baudains:....................................................................39
2. Deputy R.G. Le Hérissier:..................................................................39
3. Deputy R.G. Le Hérissier:..................................................................39
4. Deputy G.C.L. Baudains:....................................................................39

6. The Connétable of St. John of theChief Minister regarding an advertisement placed in the Jersey Evening Post on 5th December 2012 concerning a public meeting to discuss Plémont: ................................................................................................40 Senator I.J. Gorst (The Chief Minister):..........................................................40

1. The Connétable of St. John :.................................................................40
2. Deputy G.C.L. Baudains:....................................................................40
3. Senator S.C. Ferguson:......................................................................41
4. The Connétable of St. John :.................................................................41

7. Deputy T.M. Pitman of the Chief Minister regarding the Historic Child Abuse inquiry terms of reference:..................................................................................41 Senator I.J. Gorst (The Chief Minister):..........................................................41

1. Deputy T.M. Pitman:........................................................................41
2. Deputy M. Tadier :...........................................................................41
3. Deputy M. Tadier :...........................................................................42

8. Deputy J.M. Maçon of St. Saviour of the Chief Minister regarding the impact of the Leveson Report in Jersey:.............................................................................42 Senator I.J. Gorst (The Chief Minister):..........................................................42

2.8.1 Deputy J.M. Maçon:.........................................................................42

9. Deputy C.F. Labey of Grouville of the Chairman of the Comité des Connétable s regarding the compilation of a booklet following the adoption of P.60/2011:...........................43

Connétable D.J. Murphy of Grouville (Vice-Chairman of the Comité des Connétable s - rapporteur):

................................................................................................43

1. The Deputy of Grouville :....................................................................43
2. Deputy R.G. Le Hérissier: .................................................................. 43

10. Connétable J. Gallichan of St. Mary of the Minister for Treasury and Resources regarding the disposal of publicly-owned assets to fund the cost of any project not contained within the Medium Term Financial Plan:..............................................................44 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):..............................44

1. The Connétable of St. Mary :............................................................. 44
2. Deputy S. Power:......................................................................... 44
3. Deputy J.H. Young:...................................................................... 45
4. Deputy T.A. Vallois of St. Saviour :..................................................... 45
5. Deputy T.A. Vallois:..................................................................... 45
6. Deputy R.G. Le Hérissier:................................................................ 45
7. Deputy G.P. Southern :.................................................................... 46
8. Deputy G.P. Southern :.................................................................... 46
9. Deputy M. Tadier : ........................................................................ 46
10. Deputy M. Tadier :.....................................................................47
11. The Connétable of St. Mary :..........................................................47

11. Deputy R.G. Le Hérissier of the Minister for Health and Social Services regarding the need for a Head of Policy, Ministerial Support and Engagement within her Department:.... 48 The Deputy of Trinity (The Minister for Health and Social Services):..........................48

1. Deputy R.G. Le Hérissier:................................................................ 48
2. Senator S.C. Ferguson:................................................................... 48
3. Deputy R.G. Le Hérissier:................................................................ 48

12. Deputy M.R. Higgins of the Attorney General regarding cases of alleged criminal offences committed by serving officers in the States of Jersey Police:............................. 49

Mr. H. Sharp Q.C., H.M. Solicitor General:......................................................49

1. Deputy M.R. Higgins:.................................................................... 49
2. Deputy M.R. Higgins:.................................................................... 50
3. Deputy T.M. Pitman:..................................................................... 50
4. Deputy M.R. Higgins:.................................................................... 50

13. The Connétable of St. John of the Minister for Treasury and Resources regarding the future of Jersey's tax system:..........................................................................51 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):..............................51

1. The Connétable of St. John :.............................................................. 51
2. Deputy R.G. Le Hérissier:................................................................ 51
3. Deputy R.G. Le Hérissier:................................................................ 52
4. Deputy G.P. Southern :.................................................................... 52
5. Deputy G.P. Southern :.................................................................... 52
6. Deputy T.M. Pitman:..................................................................... 53
7. The Connétable of St. John :.............................................................. 53
8. The Connétable of St. John :.............................................................. 53

14. Deputy M. Tadier of the Minister for Home Affairs regarding the outcome of the Hampshire Police investigation into the circumstances leading to the arrest of Curtis Warr en:...... 54 Senator B.I. Le Marquand (The Minister for Home Affairs):....................................54

1. Deputy M. Tadier : ........................................................................ 54
2. Deputy G.P. Southern :.................................................................... 54
3. Deputy G.P. Southern :.................................................................... 55
4. Deputy T.M. Pitman:..................................................................... 55
5. Deputy T.M. Pitman:..................................................................... 55
6. Deputy M.R. Higgins:.................................................................... 55
7. Deputy G.P. Southern :.................................................................... 55
8. Deputy G.P. Southern :.................................................................... 56
9. Deputy M. Tadier : ........................................................................ 56

15. Deputy G.P. Southern of the Minister for Treasury and Resources regarding sums held in Jersey accounts which were liable to European Union Savings Tax Directives and any US Foreign Account Tax Compliance Act Agreement, when signed:........................56 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):..............................56

1. Deputy G.P. Southern :.................................................................... 57
2. Deputy G.P. Southern :.................................................................... 57

16. Deputy J.H. Young of the Minister for Planning and Environment regarding the production of a Masterplan to guide the future development of the Eastern Gateway Area of St. Helier :57 Deputy R.C. Duhamel (The Minister for Planning and Environment):..........................57

1. Deputy J.H. Young:...................................................................... 58
2. Deputy R.G. Le Hérissier:................................................................ 58
3. Deputy J.A. Martin of St. Helier:........................................................ 58
4. Deputy J.H. Young:...................................................................... 58

17. Deputy G.C.L. Baudains of the Minister for Social Security regarding steps to ensure efficiency and reduce overpayments within the Income Support scheme:................ 59 Senator F. du H. Le Gresley (The Minister for Social Security):................................59

1. Deputy G.C.L. Baudains:................................................................ 59
2. Deputy G.P. Southern :.................................................................... 59
3. Deputy G.P. Southern :.................................................................... 60
4. Deputy G.P. Southern :.................................................................... 60
5. Deputy G.C.L. Baudains:................................................................ 60

18. Deputy J.M. Maçon of the Chief Minister regarding the attendance of the Chairman of the Comité des Connétable s and the Assistant Chief Ministers at Council of Ministers meetings: 60

Senator I.J. Gorst (The Chief Minister):..........................................................60

1. Deputy M. Tadier : ........................................................................ 61
2. Deputy M.R. Higgins:.................................................................... 61
3. Deputy R.G. Le Hérissier:................................................................ 61
4. Deputy J.G. Reed of St. Ouen :........................................................... 61
5. Deputy J.A. Martin:...................................................................... 62
6. Deputy T.M. Pitman:..................................................................... 62

19. Deputy T.M. Pitman of the Chief Minister regarding the justification of the purchase of the Plémont site by compulsory purchase in the present economic climate:.................. 62 Senator P.M. Bailhache (Assistant Chief Minister - rapporteur):................................ 62

1. Deputy T.M. Pitman:..................................................................... 63
2. Deputy M.R. Higgins:.................................................................... 63
3. Deputy M.R. Higgins:.................................................................... 63
4. Deputy J.A. Martin:...................................................................... 63
5. Deputy S. Power:......................................................................... 64

3. Questions to Ministers without notice - The Minister for Housing...................... 64

1. Deputy G.P. Southern :...................................................................... 65 Deputy A.K.F. Green of St. Helier (The Minister for Housing):................................65

1. Deputy G.P. Southern :......................................................................65
   2. Deputy T.M. Pitman:........................................................................ 65
   3. Deputy T.M. Pitman:........................................................................ 66
   4. Deputy J.H. Young:.......................................................................... 66

3.4.1 Deputy J.H. Young:..........................................................................66

5. Deputy K.L. Moore of St. Peter : ............................................................ 67
6. Deputy J.M. Le Bailly of St. Mary :......................................................... 67
7. The Deputy of St. Mary :.................................................................... 67
8. Deputy R.G. Le Hérissier: .................................................................. 67
9. Deputy T.A. Vallois:........................................................................ 67
10. The Deputy of St. Ouen :....................................................................68
11. Deputy J.A. Martin:..........................................................................68
12. Deputy M. Tadier :...........................................................................68

4. Questions to Ministers without notice - The Minister for Planning and Environment69

1. The Deputy of St. Mary :.................................................................... 69 Deputy R.C. Duhamel (The Minister for Planning and Environment):..........................69
2. Deputy R.G. Le Hérissier: .................................................................. 69
3. Deputy J.H. Young:.......................................................................... 70
4. Deputy M. Tadier :........................................................................... 71

5. Deputy E.J. Noel of St. Lawrence :.......................................................... 71
6. Senator S.C. Ferguson:...................................................................... 72
7. Connétable S.W. Pallett of St. Brelade :.................................................... 72
8. Deputy J.M. Maçon:......................................................................... 72
9. The Connétable of St. John :................................................................. 73

PUBLIC BUSINESS...................................................................................73

5. Draft Intellectual Property (Unregistered Rights) (Application, Transitional Provisions and Savings) (Jersey) Regulations 201- (P.112/2012)..................................... 74

1. Senator A.J.H. Maclean (The Minister for Economic Development): .................... 74

1. Deputy J.H. Young:..........................................................................76
2. Senator A.J.H. Maclean:....................................................................76

2. Senator A.J.H. Maclean:.................................................................... 77
3. Senator A.J.H. Maclean:.................................................................... 79

1. Deputy R.G. Le Hérissier:..................................................................80
2. The Deputy of St. Martin :...................................................................80
3. Senator A.J.H. Maclean:....................................................................80

6. Draft Intellectual Property (Unregistered Rights) (Jersey) Law 2011 (Appointed Day) Act 201- (P.111/2012)..............................................................................81

6.1 Senator A.J.H. Maclean (The Minister for Economic Development): .................... 81

LUNCHTIME ADJOURNMENT PROPOSED....................................................81 ADJOURNMENT......................................................................................82

7. Plémont Holiday Village – acquisition by the public and sale to the National Trust for Jersey (P.90/2012).............................................................................82

1. Senator P.M. Bailhache (Assistant Chief Minister - rapporteur):......................... 83

2. Plémont Holiday Village - acquisition by the public and sale to the National Trust for Jersey (P.90/2012) - second amendment (P.90/2012 Amd.(2))........................... 88

7.2.1 Deputy G.P. Southern :......................................................................88

3. Plémont Holiday Village – acquisition by the public and sale to the National Trust for Jersey (P.90/2012) – second amendment (P.90/2012 Amd.(2)) – amendment (Reduce lodging period)................................................................................90

1. Deputy J.M. Maçon:.........................................................................90
2. Deputy M. Tadier :...........................................................................90
3. Deputy G.P. Southern :......................................................................91
4. Deputy A.K.F. Green:.......................................................................91
5. Deputy J.A. Martin:..........................................................................91
6. Deputy T.M. Pitman:........................................................................91

7. Deputy J.H. Young:..........................................................................92
8. Deputy J.M. Maçon:.........................................................................92

4. Plémont Holiday Village - acquisition by the public and sale to the National Trust for Jersey (P.90/2012) - second amendment (P.90/2012 Amd. (2)) - amendment (P.90/2012 Amd.Amd.(2)).................................................................................93

1. Deputy J.M. Maçon:.........................................................................93
2. The Connétable of St. Mary :................................................................94
3. Deputy R.G. Le Hérissier:..................................................................94
4. Deputy G.P. Southern :......................................................................95
5. Deputy G.C.L. Baudains:....................................................................95
6. Deputy M. Tadier :...........................................................................96
7. Connétable M.P.S. Le Troquer of St. Martin :.............................................. 96
8. Senator P.F.C. Ozouf :.......................................................................97

9. Deputy J.A.N. Le Fondré of St. Lawrence :................................................ 97
10. Deputy M.R. Higgins:.................................................................... 98
11. Deputy J.H. Young:...................................................................... 99
12. The Connétable of Grouville :.......................................................... 100
13. Senator I.J. Gorst :....................................................................... 100
14. Deputy J.A. Martin:..................................................................... 101
15. Deputy S. Power:........................................................................ 101
16. Deputy A.K.F. Green:.................................................................. 102
17. Senator F. du H. Le Gresley: ........................................................... 102
18. Deputy J.M. Maçon:.................................................................... 103

5. Plémont Holiday Village - acquisition by the public and sale to the National Trust for Jersey (P.90/2012) - second amendment (P.90/2012 Amd.(2)) - resumption .......... 105

1. Senator P.M. Bailhache :....................................................................105
2. Deputy A.K.F. Green:......................................................................106
3. The Deputy of St. Ouen :...................................................................106
4. The Deputy of St. Ouen :...................................................................107
5. Deputy J.A. Martin:........................................................................107
6. Deputy M. Tadier :..........................................................................108
7. Deputy R.C. Duhamel:.....................................................................109
8. The Connétable of St. Peter :...............................................................110
9. The Deputy of St. Peter :....................................................................110
10. The Connétable of St. Mary :............................................................ 110
11. Senator F. du H. Le Gresley: ........................................................... 110
12. Deputy T.M. Pitman:.................................................................... 111
13. Deputy J.H. Young:..................................................................... 112
14. Deputy R.G. Le Hérissier:.............................................................. 113
15. The Deputy of Grouville :............................................................... 114
16. The Connétable of St. Martin : .......................................................... 114
17. The Connétable of St. John :............................................................ 115 Senator I.J. Gorst :.................................................................................115

ADJOURNMENT....................................................................................117

[9:30]

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

QUESTION TIME

1. Written Questions

1. THE CONNÉTABLE OF ST. JOHN OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING HANGAR8 AND THE PROJECTED RECEIPTS TO THE TREASURY AND THE PARISH OF ST. PETER:

Question

"In relation to the proposed new hangar development at Jersey Airport, will the Minister confirm the detail of the relevant tax and associated payments to the Treasury and Parish authorities' as set out in his answer to my written question 20th November 2012, and advise whether the projected receipts to be delivered to both the States Treasury and the Parish were included as part of the tendering process and, if so, provide details?"

Answer

As a Jersey registered company, Hangar8 will be liable to all relevant taxes payable to the Treasury as well as payment of Parish rates in line with any other Jersey based business.

These projected receipts did not form part of the evaluation process, which instead focused on developing opportunities to grow Jersey's corporate aviation market as well as generate income for the airport.

2. THE CONNÉTABLE OF ST. JOHN OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE ESTIMATED COSTS OF THE DEMOLITION OF JERSEY AIRPORT FREIGHT SHEDS:

Question

Will the Minister please advise the Assembly of the estimated cost of -

1. the demolition of the existing Freight sheds, which contain Asbestos within their construction materials;
2. the cost of the replacement Freight building;
3. the cost of the associated aircraft hard standing and any taxiways associated with the relocated freight facility?

Furthermore, has planning permission been made for the relocation of the Freight facility prior to any signing of memorandums of understanding and or contracts with Hanger8?

Answer

1. Thedesign team is currently preparing a tender document and is fully aware ofthe asbestos content. The team will provide a pre-tender estimate in due course but in order not to compromise the tender process by any potential bidder this estimated amount will remain commercially confidential at this time.
2. Similarly, soasnot to compromise the tender process bypotentialbidders this amount will not yet be published. However, in line with all major capital project works at the Ports this construction cost will be publicised as part of our public communication
3. There is no new concrete hard standing or taxiway plannedas part of the relocated freight facility.
4. Jersey Airport officials havebeen in discussionwithplanning officers aswellas briefing the Minister for Planning and Environment on the initial concept designs. As a result, a planning application is likely to be submitted in the early part of 2013.

3. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE CHAIRMAN OF THE ENVIRONMENT SCRUTINY PANEL REGARDING THE PROGRESS OF SCRUTINY REVIEWS UNDERTAKEN IN 2012:

Question

Will the Chairman provide details of the Reviews which the Environment Scrutiny Panel have completed this year and of those still in progress, together with their projected completion date?

Would the Chairman also explain whether, given the problems ventilated around the Planning process, the Panel plans to undertake an update of a Review of this issue completed by a previous panel and if not, will he explain why?

Answer

As part of its work programme earlier this year the Environment Scrutiny Panel reviewed the Medium Term Financial Plan in respect of the departments within its remit, i.e. Transport and Technical Services and the Department of the Environment, publishing reports on each department as part of the review carried out by the Corporate Services (MTFP) Sub-Panel.

The Panel has just completed a major review of Ash Disposal; our final report will be presented to the States next week.

The Panel met with the Minister for Health and Social Services, Medical Officer of Health and Head of Health Protection on 28th November 2012 to discuss its forthcoming review of radon, which is planned to be completed by Easter 2013. Scoping has also been prepared for a further review into heritage buildings which is currently expected to begin early in 2013.

In addition to these planned commitments, the Panel has recently been requested by the Department of the Environment to carry out a review of the draft Energy Policy, currently out to public consultation, early in the New Year.

In respect of reported problems with the planning process, the Panel has continued to question the Minister for Planning and Environment on these matters at public hearings throughout the year, most recently only last week (3rd December 2012), when we raised serious questions over the proposed new Police HQ in Green Street and the apparent withdrawal of proposals for the Parkside Village project in Bath Street by Le Masurier Ltd., both matters being discussed at length. The Panel will follow up both of these issues; whether this will be by way of formal review or other methods remains to be decided. The Panel will be meeting Le Masurier Ltd. early in January.

The key area of concern for me in respect of the planning process is the lack of an independent planning appeals system based only on the planning merits. The Panel had previously considered this for review, but the Minister has promised to deliver a report with recommendations for changes to the planning appeals system which is due early in the New Year. The Panel would therefore expect to consider the results of the internal department review before deciding whether Scrutiny may be required.

We have questioned the Minister on several occasions on the important planning policy for Affordable Housing. The Minister has also promised to address this, recently announcing this decision to drop the unworkable Island Plan H3 policy and come up with a more practical solution. We plan to watch this subject closely.

With regard to the suggestion that the Panel should undertake an update of a previous review of planning process, I assume the Deputy is referring to the review of Planning Process (S.R.2/2007) carried out by a previous Environment Scrutiny Panel led by the present Minister, on which I believe the Deputy was lead member.

Since that time the planning world has seen changes:

• a new Minister for Planning and Environment
• a new Chief Executive Officer for the department
• a new Island Plan with major new policies
• third party appeals under the Planning and Building Law
• a prolonged global economic downturn, with significant consequences for the local construction industry

There have also been a number of important procedural and technical changes to the way the department functions, for example long-overdue improvements to the department's I.T. capabilities, heralding the introduction of computerised modelling and public online access to details of planning applications.

There will be much information in the previous Panel's report that could still be of benefit to a future review, but there are other pieces of important research that would also need to be taken into account if the Panel decides to conduct a review into the planning process, or aspects of it. In particular I would draw attention to the independent report Development Control Process Improvement Programme' produced for the previous Minister by the Planning Officers Society in 2010.

In conclusion the Panel will continue to closely monitor developments as well as potential concerns about the planning process. Planning is an extremely emotive as well as a complicated subject and at this time it is not clear whether internal measures (referred to above) adopted by the Minister and his department will successfully address some aspects that have clearly been the cause of public and media concern in recent months. The Panel will be reviewing its work programme and membership early in 2013 with this in mind. We will examine the available evidence before deciding whether aspects of the planning process are in need of review, or if a root and branch' study may be advisable.

4. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE CHIEF MINISTER REGARDING CHANGES TO THE TAX STRUCTURE:

Question

Does the Chief Minister agree that the external circumstances which forced us to change our tax structure (with consequential shifting of approximately £100 million taxation annually from corporate to personal taxation) appear to be becoming an increasing threat to our finance industry?

What long term future does he consider the finance industry has and does he consider it prudent to continue to pump more effort and funding into finance in the hope that it will survive rather than attempting to manage its decline?

Answer

No, I do not agree. The certainty that we have achieved for our corporate tax structure, in particular the provision of tax neutrality, has helped and will continue to help in ensuring the success of Jersey as an international finance centre.

The future of the finance industry also depends on our continued ability to increasingly take advantage of the market opportunities that are being presented through economic growth and wealth generation in the Middle East, the Far East and other economically growing areas in the world. Given the determined competition from other international finance centres, Jersey can only benefit from these opportunities through a level of commitment which more than equates with that of our major competitors. I am confident about the future for our finance industry, and for the many benefits that Island residents enjoy arising from our continued success as an international finance centre, which more than justify the level of investment being made to ensure that we can compete successfully in growing markets around the world.

5. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING WAITING LISTS FOR CONSULTANTS:

Question

Would the Minister advise of the current length of waiting lists to see hospital consultants, including preliminary lists to get onto waiting lists?

Answer

The target from receipt of GP referral to outpatient appointment for a new referral with a hospital consultant is 3 months.

The hospital consultant  will  review  GP  referral  letter  within  one- two  weeks of  receipt  and will categorise the referral according to clinical urgency:

• Urgent'  - see within two weeks
• Soon'  - see within six-eight weeks
• Routine' - as per speciality waiting list

At this point:

1. the patient will be given an appointment date (this appointment date will be no more than six weeks hence) OR
2. the patient will be placed on a list until an appointment date is available (this list is known as a pending list) OR
3. advice will be provided to the GP regarding continuing care in the community if a hospital appointment is not deemed necessary.

As of 1st December 2012 the current waiting times including the pending lists are:

Notes to table:

1. Within some specialties there are sub-specialities for example: Dental' includes Oral Surgery, Community  Dental  and  Orthodontics;  Specialty  Medicine'  includes  Cardiology,  Respiratory, Gastroenterology and Neurology.
2. 'urgent' and 'soon' referrals who are waiting will be seen as priority over the routine referrals

3. average number of weeks wait includes all patients in (i) and (ii) above (ie. those immediately given an appointment date and those placed on a list prior to being provided an appointment date)
4. If a patientneedstoundergotestsinpreparationfortheirhospitalappointmentthiscanextendthetime between referral and appointment

6. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING POLICE COMPLAINTS:

Question

Will the Minister complete the following table? :

Answer

Note 1:

As well as the total of 4 `closure letters' sent to successful complainants (shown in the penultimate column above), 6 letters were sent in relation to unsubstantiated complaints. Closure letters explain the outcome and brief details of the investigation undertaken. Therefore, he last column of the table is not completed as "explanations of officers conduct" is not part of the procedure.

The total  of 10 `closure letters'  does not  include  a closure letter  being sent out  in respect of  one miscellaneous complaint  and one for  an organisational complaint. The legal obligation is to inform a complainant whether the complaint is substantiated or not the introduction of the closure letter' was designed to expand this for the benefit of the complainant.

7. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING STAFFING LEVELS:

Question

1. Will the Minister set out in tabular form the number of full and part time employees in her department in each ofthe following categories for the following years (2008, 2009, 2010, 2011, 2012 (to date) together with the annual salary bills for each category ineachofthose years:

Consultants

Other doctors

Nurses

Nursing auxiliaries

Support staff (radiologists, physiotherapists)

Manual workers

Junior Administrators

Senior Administrators (Grade 12 and above)

2. Will the Minister set out the areas of expertise ofthe full time and part time consultants employed by the Department?

Answer

1. Headcount and financial data is not routinely held and reported categorisation and format specified above. Tocollatethe information under theseheadings would be resource intensive and HSSD is unable to undertake this without diverting staff from business critical work.

Set out below however, is an analysis and categorisation of 2012 HSSD budgeted posts that was undertaken earlier in this year. This analysis is not available for previous years and does not include a breakdown of salaries. Total HSSD staff costs (salary and on-costs) as set out in the 2012 business plan is £126,933,900.

Analysis of HSSD budgeted posts in 2012:

Explanation of post categorisation:

The analysis shows that:

• 95% of staff are employed providing direct patient care, directly supporting patient / client care and providing core operational services, enabling the delivery of care. This can be further broken down as follows:

• 62% direct patient care, e.g. medical and nursing staff
• 12% directly supporting patient / client care, e.g. pathology staff
• 21% providing core operational services, e.g. catering and domestic services staff

• 5% of staff are employed on core management and administration. This can be further broken down as follows:

• 1% management roles, e.g. the Chief Executive and Departmental Directors
• 4% administration, e.g. training and education staff

2. An analysis of consultants (in terms of full time equivalent) by specialty, showing their relevant area of expertise, is provided below.

8. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING REDEVELOPMENTS IN TOWN:

Question

In relation to the following two St. Helier property developments abandoned or put on hold by the developers, will  the  Minister  set  out  clearly  the  dates  of  all  correspondence/communications between the Planning department and the developers, setting out the issues raised, resolved and reworked in each so that members can understand for themselves how and why these projects came to be abandoned or put on hold –

1. Le Masuriers Parkside North of Town Development;
2. Le Masuriers J1 Broad Street Development?

Answer

Answer to part (a) Le Masuriers Parkside North of Town Development

In answering this part of the question and to help members understand matters regarding the Le Masurier Bath Street development, I think it is important that I detail the history and actions of my Department relating to this site.

Land owned by Le Masurier at the Bath Street site has been in a state of decline for some time: the land and buildings are generally tired, underdeveloped and in need of regeneration.

The North of Town Masterplan, approved by the States in June 2011, identified this site, together with the Odeon building, as a key intervention site with the potential to bring about considerable regeneration and change.

The wording within the Masterplan was agreed with Le Masurier to ensure that the masterplan reflected the aspirations of both the landowner and the planning authority. The draft development brief (also know as Supplementary Planning Guidance or SPG) for the Bath Street site sets out the following key principles for its redevelopment:

The redevelopment of this site offers a significant opportunity to regenerate the area and repair the townscape. It provides an opportunity to create a predominantly residential development, which contributes to the Island's specific housing needs, within walking distance of schools and the central markets and retail core of the town centre.

There is also the potential to secure the provision of short-stay public car parking of benefit to local business and residents and replacing some of that lost to the provision of the Town Park, and/or securing a commensurate contribution to other sustainable transport infrastructure, as well as significant public realm enhancements, in accordance with the objectives provided by the North St Helier Masterplan.

The Planning and Environment Minister considers that there is an overriding environmental and community benefit for the regeneration of the area as outlined in the approved North St Helier Masterplan.

Following my appointment as Minister for Planning and Environment in November 2011, I set about progressing discussions with landowners to catalyse development activity to help deliver Island Plan and North of Town Masterplan objectives.

I have been working with landowners to develop more specific planning guidance so as to better inform  the  submission of  any  subsequent  planning  applications  for  the  redevelopment  and regeneration of their land. I have already done this successfully with Jersey Gas and adopted and published a development brief for their Tunnell Street site.

In relation to the Le Masurier site, I have not received any specific feedback from the company as to why they have withdrawn their interest in developing their site, other than what has been reported through the media.

I have consistently sought to engage with them and the offer to do so still remains and I am pleased that they have now taken up the offer of a meeting in order that I might better understand their actions. I still wish to see a planning application for this site and will issue supplementary planning guidance in order to facilitate such, following my meeting with Le Masurier.

The following is a summary of key actions and dates relating to the Le Masurier Bath Street Site that my department has supplied.

Claims by Le Masurier and answers from the Department of the Environment

Le Masurier have not formally informed the DoE of the specific concerns in relation to the most recent draft brief. The following points have been taken from the media releases and magazine article published in the Chamber of Commerce newsletter.

Issue 1 – the need to provide underground car parking for 110 commuter spaces

The brief does not require underground car parking to be provided and does not specify a specific level of car parking to be provided. The brief does require that consideration be given to delivering underground car parking to encourage the optimum development potential of the site. This is not an absolute requirement and it is a question asked of all developers in town.

Issue 2 – the need to purchase and demolish properties not in the control of Le Masurier in order to provide a new road.

The brief expected pedestrian links, not new roads, to be made from the site into the rest of St Helier: links south to Minden Place are mentioned. This is not new and is derived from the North of Town Masterplan. It is acknowledged that not all of the land between the Odeon and Minden Place is  owned  by  Le  Masurier  and  that  achieving  a  new  north-south  pedestrian  link  may  not  be achievable. The brief, therefore, introduced flexibility to allow other links to be enhanced, such as Rue de Funchal, to deliver this objective. The brief does not expect properties outside of the control of Le Masurier to be purchased and demolished.

Issue 3 – the need to provide a £5.5M transport contribution

No discussions have taken place  as to the likely transport solution or contributions  from the development of the site. It is acknowledged by both parties that if car parking is not provided, then it may be appropriate to provide parking elsewhere, or provide a financial contribution to enhance public transport, walking and cycling.

Issue 4 – the prevention of the demolition of listed buildings on the site

The brief does not  state this. The brief just outlines  that  if demolition of listed buildings  is proposed, then this must be fully justified, in accord with the Planning law. The starting point for the consideration of development proposals which affect Listed buildings in the planning process is their retention: this reflects adopted States-approved policy which, in turn, reflects the Island's responsibilities under international Conventions. A planning decision, however, does allow all relevant issues to be balanced, and demolition of listed buildings can be justified where the public benefit of a development scheme is considered to sufficiently outweigh their retention. This has to be acknowledged  by Le  Masurier who  went through  the same process  in relation  to  J1  and ultimately received a decision to allow the demolition of Listed buildings.

Issue 5 – the control on size of commercial premises

The brief does expect the commercial premises on the ground floor to be "local" in nature and not a large scale supermarket or similar. A floorspace level is stated in the brief, reflecting adopted Island Plan policy, and this only corresponds to discussions with Le Masurier who have been discussing small shops and food and beverage outlets in order to enliven the public realm.

Issue 6 – proposals are to be withdrawn

There has not been a formal submission to the department and this proposal has not yet reached even an outline planning application stage. Various conceptual block plans and artist's impressions have been shown during the meetings with Le Masurier, but no scheme has been submitted.

The Odeon Cinema Building

There has been much said by Le Masurier in terms of the Odeon site and how the planning service made u- turns in relation to this building.

The Odeon cinema has been a Listed building since 1992. During the North of Town Masterplan discussions, text was included within the Masterplan which opened the issue as to its future.

Running alongside this has been a separate discussion on its heritage value. A decision was made by the previous Minister for Planning and Environment, to reconsider its heritage status. In deciding whether to List a building or place, the Minister must be satisfied that it has public importance by virtue of its special architectural and/or historic interest – not whether it should be knocked down. The previous Minister was advised by Jersey Heritage; the Listing Advisory Group; as well as expert advisors from English Heritage, that the building was worthy of Listing because of its special architectural and historic interest and he duly upheld its Listed status in January 2011.

The Listing of a building or place does not preclude change, it simply ensures that the Minister must have due regard to its special heritage interest when he weighs this against other benefits that development and/or redevelopment proposals might bring.

No application to demolish the Odeon was made by Le Masurier. It cannot therefore give such permission if none is asked for. The application submitted by Le Masurier in 2006 for the supermarket proposal, did include the Odeon, but was subsequently amended to remove the Odeon building from the development proposal. This historic building has now been sold by Le Masurier and is in an alternative, viable use which will serve to safeguard the essence of its heritage value.

Summary

I am aware that Le Masurier have expressed some dissatisfaction with the planning process and draft development brief. It is my conclusion that this has been based on a misunderstanding of the planning process and the role a development brief takes. A brief is there to guide and provide advice on issues which will arise during any formal planning application process. Very often a developer will seek to challenge elements of a brief during the planning application process.

Looking forward, I need to understand the needs and motivation of the developer and what decisions need to be made to allow a scheme to be developed. For that to happen dialogue needs to recommence and I am pleased that Le Masurier have agreed to meet with me to progress this matter further.

Answer to part (b) Le Masuriers J1 Broad Street Development

I am not aware that the J1 project has been put on hold or abandoned: indeed all public statements from Le Masurier recently have indicated that the company is seeking to focus its efforts on bringing this proposal to fruition.

J1 is the largest single-building proposal ever considered by the Department of the Environment, with a gross floorspace of 469,429 sq ft. The application was received on 14 June 2011, and permission was granted on 16 December 2011.

The permit was subject to 23 conditions and it is the responsibility of the applicant to discharge them.

Since the approval, my department has had on-going dialogue with the applicant, generally relating to the planning conditions, including meeting with the project team to;

• agree the scope of the information they envisaged submitting (9 February 2012)
• agreeing definitions for terminology and technical information (23 April 2012)
• providing the applicant with the briefs required for conditions Nos 17 and 18 (18 May 2012), working with the applicant to discharge the conditions which require their action "prior to the commencement of development".

18 of the 23 conditions fall into this "prior to commencement" category. My department has received information from the applicant in relation to 8 of these conditions (to 28 June 2012), and following liaison with our technical / statutory consultees has provided feedback to the applicant on all of their submissions.

Since 2 November there have been no outstanding actions with the Department. The applicant still has a significant amount of work to do in relation to planning conditions, and will also need to prepare and submit an application for Building Bye-Laws permission.

9. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING CONSISTENCY IN PLANNING APPLICATIONS:

Question

Will the Minister set out the importance of consistency in Planning and enforcement decisions and actions taken by his Department and set out what actions, if any, are taken to ensure that there is consistency in both these areas and explain the legal consequences for the Department for failing to do so?

Answer

Consistency is important in all administrative decisions because it demonstrates to the public that matters are dealt with fairly and equitably through Government decisions.

Planning and enforcement decisions are, by law, those of the Minister for Planning and Environment. However, most decisions are taken by the officers of the department or indeed, the Planning Applications Panel, through powers delegated to them by the Minister. In respect of the department, all decisions are double-checked by a senior officer before they leave the office. The checking process includes a comparison of other similar decisions to ensure that broad consistency is maintained.

There is a statutory right of appeal for planning and enforcement decisions under the Planning and Building (Jersey) Law 2002. An appeal may only be made to the Royal Court on the ground that the action taken by or on behalf of the Minister was unreasonable having regard to all the circumstances of the case (Article 109(1) of the 2002 Law). The approach taken by the Royal Court in respect of consistency is that the Minister is not bound by previous decisions. This is because although consistency is important, the Minister may adopt a different approach if reasonable.

10. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING WAITING TIMES FOR ELECTIVE SURGERY:

Question

Will the Minister update, to the end of Quarter 3 2012, the figures given in response to Question 6867 on 15th May 2012 and in Question 7240 on 12th June 2012 for waiting lists for elective surgery?

Will she state whether some elective procedures have been postponed until the start of the new financial year in January 2013?

Will she further state what the bed occupancy rate in the hospital is currently? Answer

1. Theinformationprovided to States members in response to the question on 15th May 2012, showedthatbetween2008and2010therewasanincreaseinthewaitinglistandthewaitingtimes for elective surgery, but that between 2010 and 2012 that trend started to reverse with the percentage of patients waiting over the 3-month target as follows:

Q1 2008 7% Q1 2009 12% Q1 2010 25% Q1 2011 18% Q1 2012 15% Q2 2012 14% Q3 2012 15%

The slight increase in the percentage of patients waiting over 3 months in Q3 is to be expected due to theatre closures over the summer holiday period for essential annual maintenance.

The information also showed that demand for elective surgery increased between Q1 2008 and Q1 2012 by 18% and this continues to be a challenge in my department's work to reduce waiting times within existing resources. In Q3 2012, 2,354 procedures were performed and 1,671 patients were on the waiting list which means that quarterly demand for elective surgery has now increased to 4,025 or, in other words, a 22% increase in demand since Q1 2008.

2. The Minister is pleased to confirm that no elective surgical procedures have been postponed until the start of the new financial year in January 2013 and there no plans to do so.
3. Current average bed occupancy rates in the Hospital are 85% (Medical Beds 88%). Occupancy rates vary throughout the year however and in some wards have reached peaks of between 90% to99%.

11. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HOUSING REGARDING DEMAND FOR SOCIAL RENTED ACCOMMODATION:

Question

Is the Minister surprised that the latest Housing Assessment shows that those in social rented accommodation who were planning to move in the next 3 years expressed higher levels of dissatisfaction with the state of repair of their housing than those in the private sector and even those in unqualified housing?

What measures, if any, has the Minister in place to meet the demand for social rented housing (especially houses rather than flats) shown by the Assessment to stand at 420 units over the period 2013 to 2015?

Answer

The fact that a proportion of our social housing stock is not in an acceptable state of repair is no surprise, my Department has been drawing attention to the fact since at least 2007. Our latest condition survey review has established that 76% of the stock does meet the standard which represents an improvement on the position in 2010. A number of significant refurbishment projects are in progress; Clos Gosset, Pomme D'or Farm, Jardin des Carreaux and the La Collette Flats Tower. Completion of these projects will improve standards for many tenants.

There is though still much to do and it is well established and understood that the need to make a significant annual return to the States from the Housing Department's income means that there is insufficient funding to meet the repair and refurbishment needs of the stock in the long term. The Housing Transformation Programme will introduce mechanisms to address that.

In respect of the demand for homes; what you will hear me saying with increasing frequency is Supply, Supply, Supply!

I believe that there is a significant lack of supply and overall the Housing Assessment Report suggests that this is the case; particularly in respect of affordable and social housing.

As we know housing needs are not static and are sensitive to economic conditions. This was one of the main reasons why I sought to establish the Affordable Housing Gateway as the single waiting list  for affordable housing  so  that  we had a mechanism  for constantly  monitoring  affordable housing needs.

The identified shortfall in social rented housing is very real and reference to the latest Gateway statistics which are published monthly on the States web site show that the current demand for social housing equates to 815 new homes; that is actual means tested households, in need, today. This is about double the finding contained in the Housing Assessment report.

My Department and I have been drawing attention to the lack of supply for some considerable time and I have been doing all that I can as Housing Minister to develop available sites in my control, specifically:-

• 94 new homes have been delivered in the past 18 months
• Contracts for 113 new homes will be signed in the next month
• Contracts for a further 61 new homes will be entered into in 2013
• As sites are made available to me through the Planning system, another 500 social and affordable homes can be delivered by the social sector

I had hoped to have been developing detailed feasibility proposals for a major regeneration of the La Collette Flats low rise site which we started work on in the Summer; but this important work has been held up whilst the Planning Department prepare a Planning Brief for the site.

More homes are clearly required and finding sources and sites for these is the responsibility of the Minister for Planning and Environment.

With that in mind, on 1st November 2012, I wrote to the Minister for Planning and Environment expressing my concerns about supply and making some suggestions to him about how he could stimulate the development of homes on sites already approved and how we might generate some new supply.

12. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING INCOME SUPPORT ENQUIRIES AT THE CITIZEN'S ADVICE BUREAU:

Question

What specific measures, if any, does the Minister have under consideration to reduce the need for members of the public to seek help from the Citizens' Advice Bureau regarding problems with Income Support claims, which was recorded in their 2011 annual report as the top single issue brought to them by clients on 553 occasions, relegating indebtedness to second place at 262?

Answer

I am very pleased to note that the number of queries dealt with by the Citizens Advice Bureau in respect of Income Support fell from 629 in 2010 to 553 in 2011. The table below shows that both the number and the proportion of Income Support queries dealt with by the Citizens Advice Bureau has fallen over this period.

When considered in the context of the overall economic climate over the last two years, and the increased numbers of unemployed workers and Income Support claims, I believe these figures are very  encouraging.   They demonstrate  the  success  of  our  investment  in  staff  training  and communications, as  well  as  a  strong  working  relationship  between  the  Department  and  the Citizens' Advice Bureau.

In 2012, further improvements have been made including:

• Launch of a redesigned Income Support application form
• A new, detailed Income Support award letter
• A redesigned Income Support calculator, designed to provide information in the same format as the new award letter

All  of  the  above  projects  included  consultation  with  and  feedback  from  community groups including the Citizens Advice Bureau.