States Meeting Transcript - 17th April 2012

STATES OF JERSEY

OFFICIAL REPORT

TUESDAY, 17th APRIL 2012

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

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

1. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE CHIEF MINISTER REGARDING THE CURTAILMENT OF THE CHIEF EXECUTIVE'S CONTRACT: 8
   2. DEPUTY J.A. MARTIN OF ST. HELIER OF THE MINISTER FOR HOUSING REGARDING TENANTS PAYING FULL RENT:......................................8
   3. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE SNOW HILL CAR PARK EXIT:............................................................................9
   4. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR HOME AFFAIRS REGARDING ROAD ACCIDENTS IN JERSEY: ...........................9
   5. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING JOBS LOST SINCE THE BEGINNING OF THE COMPREHENSIVE SPENDING REVIEW PROCESS:..................................................................11
   6. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING THE NUMBER OF POLICE CHECKS CARRIED OUT ON INDIVIDUALS SEEKING EMPLOYMENT:..........................................12
   7. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE HUMAN RIGHTS AUDIT OF PLANNING POLICIES AND PROCEDURES:........................................15
   8. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING ENFORCEMENT NOTICES ISSUED BY THE PLANNING DEPARTMENT: .........................................................15
   9. SENATOR S.C. FERGUSON OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING ALCOHOL CONSUMPTION FIGURES:.................16
   10. DEPUTY J.H. YOUNG OF ST. BRELADE OF THE MINISTER FOR PLANNING

AND ENVIRONMENT REGARDING PLANNING APPLICATIONS FOR RESIDENTIAL DEVELOPMENTS: ..................................................17

11. THE CONNÉTABLE OF ST. JOHN OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE AMBULANCE SERVICE:.................17
12. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE CHIEF MINISTER REGARDING SUBSIDISED MEDICAL CARE: ......................................18
13. THE CHIEF MINISTER BY DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE CHIEF MINISTER REGARDING A PROPOSED NEW GENERAL HOSPITAL: 19
14. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE CHIEF MINISTER REGARDING SUCCESSION PLANNING:...........................................19

15. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE CONSTRUCTION COST OF THE TOWN PARK TO DATE: ........................................................20
16. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING COMPLAINTS RELATING TO NEW WATER TARIFFS: ..............................................................................20
17. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR HOUSING REGARDING COMPLAINTS RELATING TO NEW WATER TARIFFS:............21
18. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING PUBLIC SERVICE VEHICLE DRIVERS: .............................................................................21
19. DEPUTY M. TADIER OF ST. BRELADE OF THE CHIEF MINISTER REGARDING CLAUSES IN THE TAX INFORMATION EXCHANGE AGREEMENTS WITH INDIA:.................................................................................22
20. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE PAY DEAL FOR EMPLOYEES OF THE JERSEY ELECTRICITY COMPANY: ................................................23
21. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE REDUCTION IN DISPOSABLE EARNINGS: 26
22. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HOUSING REGARDING RELEASE OF THE WILCOX REPORT:..............................26
23. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE COSTS OF GENERAL PRACTITIONER VISITS:..27
24. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE POTENTIAL IMPACT OF THE REMOVAL OF LOW VALUE CONSIGNMENT RELIEF ON EMPLOYMENT FIGURES:..........28 Deputy J.H. Young of St. Brelade:............................................................29 The Bailiff :...................................................................................29 Deputy R.C. Duhamel of St. Saviour : ........................................................29 Deputy M.R. Higgins of St. Helier:...........................................................29

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

1. Deputy R.G. Le Hérissier of St. Saviour of the Minister for Health and Social Services regarding the Aitkenhead report concerning the death of a patient: .....................30 Deputy A.E. Pryke of Trinity (The Minister for Health and Social Services):.................30

1. Deputy R.G. Le Hérissier: ..............................................................30
2. Deputy M.R.Higgins:..................................................................30
3. Senator S.C. Ferguson:.................................................................31
4. Senator S.C. Ferguson:.................................................................31
5. Deputy G.C.L. Baudains of St. Clement : ...............................................31
6. Connétable J.M. Refault of St. Peter:...................................................31
7. Deputy T.M. Pitman of St. Helier:......................................................31
8. Deputy G.P. Southern of St. Helier:....................................................32
9. Deputy R.G. Le Hérissier: ..............................................................32

2. Deputy G.P. Southern of the Minister for Housing regarding the Housing White paper (R.47/2012):............................................................................32 Deputy A.K.F. Green of St. Helier (The Minister for Housing):..............................32

1. Deputy G.P. Southern :..................................................................32
2. Deputy M.R.Higgins:..................................................................33

3. Deputy J.A.N. Le Fondré of St. Lawrence : .............................................33
4. Deputy J.A.N. Le Fondré:..............................................................33
5. Deputy M. Tadier of St. Brelade:.......................................................33
6. Deputy M. Tadier :......................................................................34
7. Deputy J.A. Martin of St. Helier:.......................................................34
8. Deputy J.G. Reed of St. Ouen:..........................................................35
9. Deputy T.M.Pitman:...................................................................35
10. Deputy G.P. Southern : ..............................................................35

3. Deputy T.M. Pitman of the Minister for Education, Sport and Culture regarding access to the Sharp Report:.......................................................................36 Deputy P.J.D. Ryan of St. John (The Minister for Education, Sport and Culture):............36

1. Deputy T.M.Pitman:...................................................................36
2. Deputy M. Tadier :......................................................................36
3. Deputy M. Tadier :......................................................................37
4. Deputy T.M.Pitman:...................................................................37

4. Deputy J.A. Hilton of St. Helier of the Chief Minister regarding a severance payment made to the former Chief Executive Officer of the Health and Social Services Department:............................................................................37 Senator I.J. Gorst (The Chief Minister):......................................................37

1. Deputy J.A. Hilton:.....................................................................38
2. The Deputy of St. Ouen:................................................................38
3. The Deputy of St. Ouen:................................................................38
4. Deputy M. Tadier :......................................................................38
5. Deputy T.M.Pitman:...................................................................39
6. The Deputy of St. Ouen:................................................................39
7. Deputy J.A. Hilton:.....................................................................39

5. Deputy M. Tadier of the Chief Minister regarding negotiations with public sector workers and their representatives in relation to a cost of living pay adjustment for 2012: .........................................................................................39 Senator I.J. Gorst (The Chief Minister):......................................................40

1. Deputy M. Tadier :......................................................................40
2. Deputy G.P. Southern :..................................................................40
3. The Deputy of St. Ouen:................................................................40
4. Deputy M. Tadier :......................................................................40

5. Deputy G.P. Southern :..................................................................40
   6. Deputy M.R. Higgins of the Minister for Transport and Technical Services regarding the archiving of chimney temperature data and other key records relating to the operation of the Bellozanne incinerator facility: .....................................................41 Deputy K.C. Lewis of St. Saviour (The Minister for Transport and Technical Services): .....41

1. Deputy M.R.Higgins:..................................................................41
2. Deputy J.A. Hilton:.....................................................................41
3. Deputy J.H. Young of St. Brelade:......................................................42
4. Deputy J.A. Hilton:.....................................................................42
5. Deputy M.R.Higgins:..................................................................42

7. Deputy G.C.L. Baudains of the Chief Minister regarding a review of the States departmental structure: .................................................................42 Senator I.J. Gorst (The Chief Minister):......................................................42

1. Deputy G.C.L. Baudains:...............................................................42
2. Deputy G.C.L. Baudains:...............................................................43
3. Deputy M.R.Higgins:..................................................................43

4. Deputy R.G. Le Hérissier: ..............................................................43
5. Deputy M. Tadier :......................................................................44

8. Deputy R.J. Rondel of St. Helier of the Minister for Treasury and Resources regarding the use of purchase cards within the States of Jersey:...................................44 Deputy E.J. Noel of St. Lawrence (Assistant Minister for Treasury and Resources - rapporteur):.............................................................................44

1. Deputy R.J. Rondel:....................................................................44
2. Deputy T.A. Vallois of St. Saviour:....................................................45
3. Deputy T.A. Vallois: ...................................................................45
4. Deputy T.M.Pitman:...................................................................45
5. Deputy J.H. Young:....................................................................45

6. Deputy J.H. Young:....................................................................45
7. Connétable P.J. Rondel of St. John : ....................................................45
8. Senator S.C. Ferguson:.................................................................46
9. Senator S.C. Ferguson:.................................................................46
10. Senator L.J. Farnham : ...............................................................46
11. Deputy R.J. Rondel:.................................................................46

9. Deputy T.M. Pitman of the Minister for Treasury and Resources regarding a fair and equitable taxation system:..............................................................47 Deputy E.J. Noel (Assistant Minister for Treasury and Resources): ..........................47

1. Deputy T.M.Pitman:...................................................................47
2. Deputy G.P. Southern :..................................................................48
3. Deputy M. Tadier :......................................................................48
4. Deputy M. Tadier :......................................................................48
5. Deputy J.H. Young:....................................................................48
6. Deputy M.R.Higgins:..................................................................48

7. Senator S.C. Ferguson:.................................................................49
8. Deputy J.A. Hilton:.....................................................................49
9. Deputy G.P. Southern :..................................................................49
10. Deputy G.P. Southern : ..............................................................49
11. Deputy T.M.Pitman:................................................................50

10. Deputy G.P. Southern of the Minister for Treasury and Resources regarding the latest estimates for the Island's Gross Value Added or Gross National Income:..............50 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................50

1. Deputy G.P. Southern : ..............................................................50
2. Deputy J.H. Young: .................................................................51
3. Deputy J.H. Young: .................................................................51
4. Deputy M.R.Higgins:...............................................................52
5. Deputy M.R.Higgins:...............................................................52
6. Deputy M. Tadier :...................................................................52
7. Deputy M. Tadier :...................................................................52
8. Deputy R.G. Le Hérissier:...........................................................53
9. Deputy C.F. Labey of Grouville :....................................................53
10. The Connétable of St. John : ......................................................54
11. Deputy G.P. Southern : ............................................................54
12. Deputy G.P. Southern : ............................................................55

11. Deputy M.R. Higgins of the Minister for Economic Development regarding the appointments process followed by Jersey's Harbours and Airport Departments:........55 Senator A.J.H. Maclean (The Minister for Economic Development):.........................55

1. Deputy M.R.Higgins:...............................................................55

2. Deputy M. Tadier :...................................................................56

3. Questions to Ministers without notice - The Minister for Treasury and Resources...56

1. Deputy J.A. Hilton:.....................................................................56 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................56
2. Deputy T.M.Pitman:...................................................................56
3. Deputy S. Pinel of St. Clement : ........................................................56
4. Deputy G.P. Southern :..................................................................57

3.4.1 Deputy G.P. Southern :..................................................................57

5. Deputy S. Power of St. Brelade : ........................................................57

3.5.1 Deputy S. Power:.......................................................................58

6. Connétable M. Le Troquer of St. Martin:...............................................58
7. Deputy M. Tadier :......................................................................58

3.7.1 Deputy M. Tadier :......................................................................59

8. Deputy M.R.Higgins:..................................................................59
9. The Connétable of St. John:............................................................59
10. Deputy R.G. Le Hérissier: ..............................................................60

3.10.1 Deputy R.G. Le Hérissier:...........................................................60

11. Connétable J.L.S. Gallichan of Trinity :.................................................60
12. Deputy J.H. Young:....................................................................61

4. Questions to Ministers without notice - The Chief Minister............................61

1. Deputy T.M.Pitman:...................................................................61 Senator I.J. Gorst (The Chief Minister):......................................................61
2. Deputy S.Power:.......................................................................61
3. Deputy M.R.Higgins:..................................................................62

4.3.1 Deputy M.R. Higgins:..................................................................62

4. Deputy J.A. Hilton:.....................................................................63

4.4.1 Deputy J.A. Hilton:.....................................................................63

5. Deputy G.P. Southern :..................................................................63

4.5.1 Deputy G.P. Southern :..................................................................64

6. Deputy S. Pinel:........................................................................64
7. Deputy S.G. Luce of St. Martin : ........................................................64

4.7.1 The Deputy of St. Martin:..............................................................64

8. Deputy J.H. Young:....................................................................65

STATEMENT ON A MATTER OF OFFICIAL RESPONSIBILITY.........................65

5. Statement by the Minister for Treasury and Resources regarding the allocation of £27 million to fund 6 social housing projects ...........................................65

5.1 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):......................65

1. Deputy J.A. Martin:....................................................................66
2. Deputy M. Tadier :......................................................................66
3. The Deputy of St. Ouen:................................................................67

4. The Deputy of St. Ouen:................................................................67
5. Deputy G.P. Southern :..................................................................67
6. Deputy G.P. Southern :..................................................................68
7. Deputy S.Power:.......................................................................68

8. Senator S.C. Ferguson:.................................................................68

PUBLIC BUSINESS.............................................................................69

6. Ratification of the Agreement for the Exchange of Information relating to Tax Matters between the Government of Jersey and the Government of Japan (P.13/2012) ...........................................................................................69

6.1 Senator P.M. Bailhache (Assistant Chief Minister - rapporteur):........................69

7. Ratification of the Agreement for the Exchange of Information relating to Tax Matters between the Government of Jersey and the Government of the Republic of Poland (P.14/2012) ......................................................................70

7.1 Senator P.M. Bailhache (Assistant Chief Minister - rapporteur):........................70

1. Senator P.F.C. Ozouf :..................................................................70
2. Senator P.M. Bailhache : ................................................................70

8. Ratification of the Agreement for the Exchange of Information relating to Tax Matters between the Government of Jersey and the Government of the Republic of India (P.15/2012)........................................................................70

8.1 Senator P.M. Bailhache (Assistant Chief Minister - rapporteur):........................71

1. Deputy M. Tadier :......................................................................71
2. Senator P.F.C. Ozouf :..................................................................72
3. Senator P.M. Bailhache : ................................................................73

9. Draft Loi (201-) (Amendement No. 2) sur l'atténuation des peines et sur la mise en liberté surviellée (P.22/2012)............................................................75

1. Senator P.M. Bailhache (Assistant Chief Minister - rapporteur):........................75 Senator S.C. Ferguson (Chairman, Corporate Services Scrutiny Panel):......................76
2. Senator P.M. Bailhache : ................................................................76

1. Deputy M. Tadier :......................................................................76
2. Deputy G.C.L. Baudains:...............................................................76
3. Deputy G.P. Southern :..................................................................77

4. Senator P.M. Bailhache : ................................................................77

10. Commissioners of Appeal for Income Tax: re-appointment (P.25/2012)..............77

10.1 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):......................77

1. Deputy G.P. Southern : ..............................................................78
2. Senator S.C. Ferguson:..............................................................78
3. Senator P.F.C. Ozouf : ...............................................................79

11. Draft Loi sur l'Association dite "The Jersey Football Association" (Repeal) (Jersey) (P.21/2012................................................................................79

11.1 Deputy R.G. Le Hérissier (Assistant Minister for Education, Sport and Culture - rapporteur):.............................................................................80

1. Deputy M. Tadier :...................................................................80
2. Senator L.J. Farnham : ...............................................................80
3. Senator P.F.C. Ozouf : ...............................................................80
4. Deputy R.G. Le Hérissier:...........................................................80 Deputy J.M. Maçon of St. Saviour (Chairman, Education, Sports and Culture Scrutiny Panel): .........................................................................................82

12. Jersey Financial Services Commission: appointment of Commissioner (P.29/2012)..82 [Debate proceeded in camera] ................................................................83

LUNCHEON ADJOURNMENT PROPOSED..................................................83

LUNCHEON ADJOURNMENT................................................................83

13. Prescription charges and income support for primary health costs (P.20/2012)......83

13. Deputy G.P. Southern :..................................................................83

1. Deputy G.C.L. Baudains: ............................................................87
2. The Deputy of Trinity : ..............................................................88
3. Deputy M.R.Higgins:...............................................................89
4. Deputy M. Tadier :...................................................................89
5. Senator P.F. Routier:................................................................90
6. Deputy J.A. Martin: .................................................................92
7. The Deputy of St. Ouen:.............................................................93
8. Senator F. du H. Le Gresley:........................................................94
9. Senator P.F.C. Ozouf : ...............................................................99
10. The Connétable of St. John : .....................................................100
11. The Very Reverend R.F. Key, B.A., The Dean of Jersey:........................101
12. Deputy J.H. Young: .............................................................102
13. The Connétable of St. Peter:.....................................................103
14. The Deputy of St. Martin : .......................................................104
15. Deputy G.P. Southern : ..........................................................104

ARRANGEMENT OF PUBLIC BUSINESS FOR FUTURE MEETINGS ..................108

14. Connétable A.S. Crowcroft of St. Helier:..............................................108

ADJOURNMENT..............................................................................109

[9:30]

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

QUESTION TIME

1. Written Questions

1.1. DEPUTY  G.C.L.  BAUDAINS  OF  ST.  CLEMENT OF  THE  CHIEF  MINISTER REGARDING THE CURTAILMENT OF THE CHIEF EXECUTIVE'S CONTRACT: Question

Would the Minister, in relation to the report concerning golden handshakes' recently released by the Comptroller and Auditor General, confirm that the reason for the curtailment of the Chief Executive's contract was the irretrievable breakdown of the latter's working relationship with the Minister for Treasury and Resources and not that the Chief Executive had difficulty with the other Ministers?

If this was the case, would the Chief Minister state why it was considered preferable to lose the Chief Executive, rather than ask the States to remove the Minister for Treasury and Resources from office?

Answer

I was not a party to the discussion on the curtailment of the former Chief Executive's contract so I cannot comment on this issue in any meaningful way. Suffice it to say that this was a very difficult and complex issue to resolve at the time, but my predecessor, as Chief Minister, clearly took the view  that  it  was in  the  public  interest  that the  former  Chief  Executive's  contract  should  be terminated.

Going forward, over the coming months I fully intend to implement the recommendations laid out in the report of the Comptroller and Auditor General to which the Deputy refers, in particular to consider  how best  to  develop the Code  of Conduct  for  Ministers to  deal explicitly  with the relationship between Ministers and officers.

2. DEPUTY  J.A. MARTIN  OF  ST.  HELIER OF  THE  MINISTER  FOR HOUSING REGARDING TENANTS PAYING FULL RENT:

Question

Would the Minister detail, by age, how many States tenants pay full rent (receive no help from Social Security by way of Income Support) and what size accommodation they occupy?

Answer

28.4% of the current 4,458 States tenants are not in receipt of Income Support and pay the full rent for the property which they occupy themselves. A breakdown of age ranges and property types is detailed below.

3. DEPUTY  G.C.L.  BAUDAINS  OF  ST.  CLEMENT  OF  THE  MINISTER  FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE SNOW HILL CAR PARK EXIT:

Question

Would the Minister advise for how long vehicles have exited the Snow Hill car park onto La Route du Fort roundabout, how many accidents, if any, have happened to those vehicles in the last five years and of the latter, what percentage were using the roundabout (as opposed to turning into Green Street)?

Answer

Vehicles have exited Snow Hill car park onto La Route du Fort roundabout since the roundabout was constructed in December 1993.

None of the accidents at Green street roundabout as recorded on the database over the past 5 years, state that a vehicle exiting the car park was involved. (The database is provided to TTS by the States Police and does not include non injury accidents).

Signage requiring vehicles to turn left into Green Street when leaving Snow Hill car park, was in place during that time and will have had the beneficial effect of reducing the number of potential conflicts at the roundabout.

4. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR HOME AFFAIRS REGARDING ROAD ACCIDENTS IN JERSEY:

Question

Would the Minister advise what percentage of road accidents in Jersey are directly caused by excessive speed and, if above the UK accepted figure of 3%, detail the reasons for this?

Would he also state the number, in percentage terms, of accidents directly caused by a failure to wear a seatbelt and clarify the mechanism whereby such a failure is deemed the cause of an accident?

Answer

These questions clearly relate to a letter from the Deputy , dated 2nd March 2012, in the Jersey Evening Post in which he criticised the Police for "the nonsense written about the causes of road accidents". Unfortunately, it seems that the Deputy has misunderstood the whole purpose of the current road safety initiative and I welcome this opportunity to set the record straight.

For the avoidance of doubt, the "Fatal Four" campaign run by the States of Jersey Police is clearly focussed on reducing the level of injuries and fatalities caused by excessive speed, drink-driving, using mobile phones whilst driving and not wearing a seat belt. In order to demonstrate the point, I would like to quote from the States of Jersey Police press releases that launched the road safety initiative:

The fatal four are the most significant factors  in terms of injuries following road traffic collisions.

We take road safety in Jersey very seriously and we are committed, together with our partners in the Honorary Police and together with other agencies, to making sure that we do all that we can to reduce the number of people hurt on our roads. What we have dubbed the "fatal four" are the biggest contributory factors in terms of fatal and serious injuries, with speed being the worst.

They are the four  biggest  causes of  death and  serious injuries  on the  roads  – and this Wednesday officers will be out in force to educate islanders of those dangers.

My direct answers to the Deputy 's specific questions, therefore, are:

The most recent statistical release produced by the Department of Transport on reported road casualties in Great Britain actually states that

exceeding the speed limit was reported as a factor in 5 per cent of accidents, but these accidents involved 14 per cent of fatalities. At least one of exceeding the speed limit and travelling too fast for the conditions was reported in 12 per cent of all accidents and these accidents accounted for 24 per cent of all fatalities.' 1

This is the whole point of the Fatal Four' campaign. The issue is not how many road traffic collisions (RTCs) are caused by speed but rather that speed is a key factor in determining the severity of an RTC and any associated casualties.

In Jersey, it is estimated that exceeding the speed limit was a contributory factor in about 4% of all road traffic  collisions  resulting  in  injury  in  2010,  whilst  at  least  one  of  exceeding  the  speed  limit  and inappropriate  speed  for  the  prevailing  conditions  was  reported  in  about  8%  of  all  injury  RTCs. Unfortunately, these collisions where speed was considered to be a contributory factor accounted for one of three deaths and nearly one in seven of the serious injuries sustained in RTCs involving motor vehicles in 2010.

No RTCs were caused by a failure to wear a seatbelt nor have States of Jersey Police ever made such a claim. Sadly, the relevant facts to the Police campaign are that five people who either died or sustained serious injuries as a result of RTCs in Jersey last year were not wearing seatbelts.

The Police stated from the outset that the purpose of the Fatal Four' initiative was to save lives and prevent injuries on our roads and I trust that they enjoy the full support of the whole House in this endeavour.

1 Reported Road Casualties Great Britain: 2010 Annual Report, Department of Transport. The 2011 report will be published later this year. It is important to acknowledge that the report states that the contributory factors are intended to provide some insight into why and how road accidents occur. The factors are largely subjective opinion and are not necessarily the result of extensive investigation. Some factors are less likely to be recorded since evidence may not be available after the event. While this information is valuable in helping to identify ways of improving safety, care should be taken in its interpretation.

5. DEPUTY  M.R. HIGGINS  OF  ST.  HELIER OF THE  CHIEF  MINISTER REGARDING JOBS LOST SINCE THE BEGINNING OF THE COMPREHENSIVE SPENDING REVIEW PROCESS:

Question

Will the Chief Minister publish for each Department:

1. how many jobs have been lost' since the beginning of the CSR process and the value of the savings generated from these losses in terms of salaries and benefits; and,
2. how many jobs have been created in thesame time period and thecost of these posts in salaries and benefits?

Answer

1. The 2012 Business Plan indicatedthat a totalof86.6 full timeequivalentpostshad been lost in 2011, the first year ofthe Comprehensive Spending Review, and a further17.9 posts were estimated to be lost in 2012. The total savings over departments for these 104.5 posts are summarised below:

2. The Chief Minister has asked for further work to be undertaken in order to verify the accuracy of the data collated for part (b) of the question.

The Chief Minister apologises for the delay in providing an answer to this part of the question. A full answer will be distributed to States Members by the end of this week.

6. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING THE NUMBER OF POLICE CHECKS CARRIED OUTON INDIVIDUALS SEEKING EMPLOYMENT:

Question

Will the Minister:

1. publish figures for the number of police checks made on individuals seeking employment from all sources since the introduction of the Rehabilitation of Offenders (Jersey) Law 2001?
2. provide a breakdown of these figures indicating –

1. those checks made by firms directly and by individuals personally;
2. the position or employment for which the information was being sought.

Will the Minister outline whether there are any Eastern Europe countries from which Jersey does not obtain background check information regarding criminal records and, if so, explain whether this is because of lack of agreements with those countries or their inability to provide the information?

Answer

Answer to Paragraph 1 of the Question

Publish figures for the number of police checks made on individuals seeking employment from all sources since the introduction of the Rehabilitation of Offenders (Jersey) Law, 2001'

1. The Rehabilitation of Offenders (Jersey) Law, 2001 was enacted on 1st. December, 2002. Information detailing total numbers of police checks, relevant to this question, is therefore available for the years 2003 to 2011. The figures reflect requests made to the States of Jersey Police under several areas of legislation which provide a legal basis for both the requestor and responder to conduct such checks.
2. In general terms the requests made to the force predominately originate fromStates of Jersey Departments and Agencies relating to employment vetting, regulatory and licensing purposes. The primary legal basis for enabling these procedures is the Rehabilitation of Offenders (Exceptions) (Jersey) regulations 2002. It has not been possible, without review of each single request,to specifically extract the information for numbers of checks solely relating to employment vetting purposes.
3. In addition the totals also include requests which are received from external agencies such as the Criminal Records Bureau'of England and Wales and the equivalent service in Scotland of Disclosure Scotland.' It should therefore be furthernoted that such requests may notnecessarilyrelateto vetting procedures within Jersey, beingrequests for disclosure

of States of Jersey Police information for consideration within the United Kingdom procedures.

4. In providing the information for Total Checks' there is also included a furtherfigureto differentiate the volume ofthe annual total which consist of Subject Access Requests' made to the States of Jersey Police by individuals exercising a legal rightunder Article 7 of the Data Protection (Jersey) Law,2005.This article of law enables an individual the rightto request a Data Controller' to inform them of whether any Personal Data' of which they are subject is being processed. This process is frequently utilised by individuals seeking accessto their own local, and national, criminal conviction information, however the process does not require an applicantto declare their reason for making the request. It is to be noted that the subset of subject access information is not available for 2003 due to the then, manual, records for that year being no longer available.

Total Annual Checks:-

Year Total Checks Nos. of Subject Access

2003 6384 (Not available)

2004 6675 644

2005 7780 776

2006 8242 1029

2007 9723 1541

2008 9109 1314

2009 8273 1219

2010 7885 1329

2011 6805 1170

Answer to Paragraph 2 of the Question

Provide a breakdown of these figures indicating-

(a) Those checks made by firms directly and by individuals personally;'

5. In terms of employment vetting procedures conducted under the subordinate Exceptions Regulations tothe Rehabilitation of Offenders (Jersey) Law, 2001, there has been no legal basis for a private firm or company to legally request such a check. All checks are undertaken by States Departments, Agencies, Regulatory or Licensing Bodies. ( e.g. Jersey Financial Service Commission, Parish Licensing Authorities.)

6. However since March 2011, when Jersey employers, gained direct access to mainland Criminal Records Bureau vetting procedures,the Home Affairs Department, in conjunction with the Law Officer's Department and States Police have been researching the need to enable checkson behalf of some private employers providing educational activities and similar services involving children or vulnerable adults. Work in this area continues, not as a means of enabling private firms to conduct general checksof staff, but to fully integrate safeguarding checksof persons required for activities involving children and/or vulnerable adults.
7. In terms of general vetting, an individual cannot directly request any formof check through the Criminal Records Bureau or local StatesofJersey Police procedures for employment, regulatory or licensing purposes. However in making this statement the question may highlight the frequent confusion in distinguishing between the Data Protection Subject Access Request procedures, which is frequently misused for employment purposes, and the legally based and restricted access employment vetting within local Rehabilitation legislation.

(b) the position or employment for which the information was being sought'

8. Assuming that sub-paragraphs (a) and (b) ofthe question are connected to the inability of firms directly and by individuals personally' to access vetting procedures results in such information not being held. However, in order to cover the possibility of the question relating to misuse of the Subject Access provisions then the fact that there is no requirement to declare reasons for making an application would also result in information being unavailable.

Will the Minister Outline whether there are any Eastern Europe  countries from which Jersey does not obtain background check information regarding criminal records and, if so, explain whether this is because of lack of agreements with those countries or their inability to provide the information?'

9. There is currently no existing agreement under which Jersey, or the United Kingdom, can access criminal conviction information from EU Member States or indeed from other countries around the world. The States of Jersey Police can however access such information for specific purposes related to ongoing police prosecutions or investigations.
10. However, in May, 2008, the European Commission adopted a wide rangeof proposals to promote a European Justice Area' partof which includes creation of a European Criminal Records Information System. Such a system would form technological links between the independent criminal records which are held by individual member States. A main aim of this process is to extend the sharing of criminal records for the purpose of vetting persons having access to, and working with, children and other vulnerable groups.
11. The States of Jersey Police have continuing contact with national policing and UK government agencies involved in developing proposals for EU sharing of such data.

12. In the absence of such arrangements it is still possible for foreign nationals to obtain their own criminal record disclosure from their home country. In many cases this can be sought by a third party with written evidenced consent of the individual concerned.

7. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE HUMAN RIGHTS AUDIT OF PLANNING POLICIES AND PROCEDURES:

Question

Further to the response given to my written question 6639 on 17th January 2012 that clarification was required from the Law Officers Department, is the Minister now able to publish the Human Rights audit of his Department's Laws, Regulations, Orders, Guidance notes and procedures that all Departments of the States had to complete before the registration in the Royal Court of the Human Rights (Jersey) Law 2000, together with all subsequent revisions to these documents?

What advice was received in relation to this matter from the Law Officers?

What human rights policy, if any, was in place in January 2012 when I first asked this question? Answer

We are still clarifying with the Law Offices our response to this question and will provide an answer as soon as possible.

8. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING ENFORCEMENT NOTICES ISSUED BY THE PLANNING DEPARTMENT:

Question

1. Further to the response given to my written question 6637 on 17th January 2012, is the Minister now able to list in a tabular form for the years 2005 to date the following information –

1. the nameandnatureofany enforcement notices issued bytheDepartmentduringthat period;
2. whether any of these notices have lead to a prosecution for breach of the notice;
3. the result of the prosecutions and the penalties, if any, which were applied;

2. Will the Minister explain what process, if any, was in place in the period immediately preceding December 2010 (before Supplementary Planning Guidance practice note no. 4 was adopted by the former Minister)?

Answer

To answer this question in full will require many hours of detailed research. My department is compiling this information and I will provide an answer to Members as soon as possible.

9. SENATOR S.C. FERGUSON OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING ALCOHOL CONSUMPTION FIGURES:

Question

Will the Minister explain in detail the rationale and method for deriving the alcohol consumption figures quoted on 29th March 2012 by the Medical Officer of Health at a public meeting to mark the 60th anniversary of Alcoholics Anonymous in Jersey?

Will the Minister confirm whether the statistical approach and method has been reviewed by the Statistics Department?

Answer

The alcohol consumption figures quoted by the Medical Officer of Health were produced by the independent States of Jersey Statistic Unit; the Unit has calculated per capita alcohol consumption figures for Jersey on an annual basis since 2002.

The methodology on which the Statistics Unit bases its calculations has been developed from a standard approach followed by the Imperial College Medical School in the 2001 report: "Responding to drug and alcohol use in Jersey, April 2001."

The rationale for calculating per capita consumption for the resident population aged 15 years and over is to enable comparison with World Health Organisation data for other jurisdictions.

The consumption figure for Jersey is derived from impôt data compiled by the Island's Customs and Immigration Service, aggregated on a calendar year basis, for total volumes of wine, spirits, beer/lager and cider.

The resident population aged 15 years and over is derived from population estimates produced by the Statistics Unit. An adjustment is made to allow for tourists, business travellers and language students (using data compiled by the Tourism Department) and seasonal workers (data from the six-monthly Manpower Survey). The tourism data provides detailed information on the number of people who visit the Island each year and their average length of stay.

The consumption figure quoted for Jersey residents is likely to be a conservative estimate of the true level of consumption as no account is made for the following factors:

• upward: informal production; off-Island consumption by residents; imports by residents
• downward: stockpiling; waste and spillage.

Using this methodology, it is estimated that as an Island population Jersey consumes significantly more alcohol then near neighbours. The most recent figure shows that as a population Jersey consumes 13.9 litres per capita compared to 11.2 litres in the UK. The demand on health services from this avoidable burden shows no sign of relenting.

10. DEPUTY J.H. YOUNG OF ST. BRELADE OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING PLANNING APPLICATIONS FOR RESIDENTIAL DEVELOPMENTS:

Question

Will the Minister provide the Assembly with the following summarised information, in respect of Planning applications for residential developments approved during each of the years the Jersey Island Plan 2002 was in force and since the Island Plan 2011 was approved until the end of March 2012, for the re-development of properties sited in the three built up areas of the Island (defined in paragraph 6.5 of the Island Plan 2002) namely the town of St. Helier (including the contiguous urban areas of First Tower, St. Saviour and St. Clement), the coastal strip ,and the rural and urban settlements, for each of the three areas –

1. the number of approved applications;
2. the number of residential units before and after re-development;
3. the density of development before and after re- development;
4. the total floor areas of the developments, either declared by the applicants or estimated, before and after re-development?

Answer

This question requires many hours of detailed research and I will provide the answer to Members as soon as possible.

11. THE CONNÉTABLE OF ST. JOHN OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE AMBULANCE SERVICE:

Question

Can the Minister provide the response times for every front line ambulance attending a 999 call or accident in the last 60 months in ten minute bands and, in instances where the response time exceeded 30 minutes, advise how long it took and the reasons for the delay.

Given that action taken in the first hour after an accident can be crucial, does the Minister consider that any delays are putting patients at risk and, if so, what action, if any, will she be taking to address this issue?

If the issue is one of budgetary constraints, would the Minister consider requesting increased funding for her Department in the interest of the welfare of all Island residents?

Answer

The provision of information in 10 minute bands would require extensive analysis and input of resources. The data provided below therefore shows a breakdown of 999 calls responded to within 30 minutes as requested.

All 999 calls are immediately prioritised. Those which relate to a life threatening situation – based on the information received – will receive priority attention. These are classed a Category A calls. Non-category A calls are non-life threatening and may include accidents/conditions such as minor fractures.

Where an ambulance crew is not immediately available due to high volume of incidents, calls are "stacked" in order of priority until a crew is available. This "stacking" procedure is common across UK Ambulance Trusts.

Incidents that take over 30 minutes to reach are rare, less than 1% of all calls and less than 0.1% of Cat A calls. In approximately 50% of the cases where the 30 minute target is exceeded this is due to an unpredictable peak in demand. Other reasons include diversion of crews to priority calls or properties  being  difficult  to  locate  sometimes  because  the  caller  has  been  unable  to  provide accurate information.

12. DEPUTY  R.G. LE  HÉRISSIER  OF  ST.  SAVIOUR OF  THE  CHIEF  MINISTER REGARDING SUBSIDISED MEDICAL CARE:

Question

Which Departments,  if any, offer fully or  partially  subsidised  medical  care and  is  such care available to the employee and/or family members?

What is the cost of such subsidies to the States in the last financial year on a Departmental basis? Answer

The Home Affairs department is the only department which offers subsidised medical care other than if they are offered discounted rates by Health Care providers. The pay groups that receive medical, dental and optical benefits are:

• Police Officers
• Fire and Rescue Service
• Prison Officers

The benefits are available to employees only, family members are not eligible.

The three services now differ in that, as part of a pay agreement in 2007, Police Officers agreed to reduce the benefits for existing staff and withdraw some benefits for new staff.

The total cost of the benefits in 2011 is shown in the table below:

13. THE CHIEF MINISTER BY DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE CHIEF MINISTER REGARDING A PROPOSED NEW GENERAL HOSPITAL: Question

Has the decision to build a new General Hospital been taken and, if so, what are the key new features of the proposed Hospital?

Answer

HSSD's White Paper on the future of healthcare in Jersey is due to be published in May 2012 and will be brought to the States for debate in autumn 2012. A new hospital would be an element of this healthcare system and therefore, at present, no decision has been taken with regard to its building.

HSSD and Jersey Property Holdings are, in the meantime, developing a statement of need, looking at potential features, locations and likely scale of cost. This work is expected to be completed in time to inform the States' Medium Term Financial Plan. It would obviously then be subject to more detailed planning and development activity.

14. DEPUTY  R.G. LE  HÉRISSIER  OF  ST.  SAVIOUR OF  THE  CHIEF  MINISTER REGARDING SUCCESSION PLANNING:

Question

Will  the  Chief  Minister  explain  why,  given  the  long  standing  commitment  to  succession planning, the vast majority of appointments notified via R.30/2012 (States Employment Board: applications under P.59/2011 – activity report for the period June to December 2011) are external?

Answer

The States Employment Board supports and wants to significantly strengthen its long term commitment to Succession Planning for its employees. It recognises that not all jobs in the States can be filled by local candidates due to the highly specialised nature of some positions. However, it is important to ensure that local candidates are best prepared to compete for States roles wherever possible.

The States Employment Board has recently commissioned a report on senior posts in the public service to consider succession planning, pay and grading to underpin the delivery of a modern public service.

As part of this commitment, 293 States junior and middle managers have enrolled on the states flagship management programme – The Modern Manager since 2006. In addition, the States continues to develop its staff through a variety of professional, managerial and technical qualifications/courses as identified through regular development reviews.

Within the report in question, 6 posts required specialist expertise and qualifications not normally available on the island (4 Health Consultants and 2 Law Draughtsman). All were subject to competitive recruitment. 3 posts were filled internally either through internal transfer or regrading. The remaining positions were subject to open recruitment both internally and externally (on and off island) under the States recruitment process, overseen by the Jersey Appointments Commission

15. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE CONSTRUCTION COST OF THE TOWN PARK TO DATE:

Question

Further to the response given on 21st February 2012 regarding the breakdown of costs for the Millennium Town Park, would the Minister advise whether there has been any additional expenditure to date?

Answer

There has been no further expenditure over and above the figures stated in the answer to the question on 21st February 2012. The final account for the Park construction has now been settled with the Contractor and all Park and associated works will be completed within the original capital allocation.

16. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING COMPLAINTS RELATING TO NEW WATER TARIFFS:

Question

Will the Minister advise whether Property Holdings has received many letters/emails/calls of concern or complaint from residents regarding Jersey Water's new tariffs and the inability to provide individual metering for those living in communal housing and, if so, what action, if any, will be taken to address this issue?

Answer

Property Holdings has not recorded any such complaints or concerns.

The Minister undertakes to refer any subsequent information regarding communication on this matter to the Deputy of St Brelade including if it transpires that staff currently on leave have been contacted directly.

17. DEPUTY  M. TADIER  OF  ST.  BRELADE OF  THE  MINISTER  FOR HOUSING REGARDING COMPLAINTS RELATING TO NEW WATER TARIFFS:

Question

Will the Minister advise whether his Department has received many letters/emails/calls of concern or  complaint  from  tenants  regarding  Jersey  Water's  new  tariffs  and  the  inability  to  provide individual metering for those living in States' housing and, if so, what action, if any, will be taken to address this issue?

Answer

The Housing Department has not received any complaints or concerns from tenants regarding Jersey Waters new tariffs.

The Department has been in discussions with the Jersey Water regarding current methods of billing and is investigating means to allow tenants who have an individual metered supply to pay Jersey Water direct for water consumed.

18. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR TRANSPORT AND  TECHNICAL  SERVICES  REGARDING  PUBLIC  SERVICE  VEHICLE DRIVERS:

Question

How many Public Service Vehicle drivers between the ages of 65 and 70 years currently drive the public for financial reward?

How many between the ages of 70 and 79 years currently drive the public for financial reward? How many between the ages of 80 and 90 years currently drive the public for financial reward? Answer

The numbers of public service vehicle taxi-cab licence holders in each age band who may drive the public for financial reward are as follows:-

Age Number 65-69 40 70-79 31

80+ 3

19. DEPUTYM.TADIEROFST. BRELADE OF THE CHIEF MINISTER REGARDING CLAUSES  IN THE  TAX  INFORMATION  EXCHANGE  AGREEMENTS  WITH INDIA:

Question

Given that in March 2011, the then Deputy Chief Minister, was due to sign a Tax Information Exchange Agreement with India when he reportedly spotted clauses in the document which could have put Jersey at a competitive disadvantage', would the Chief Minister advise whether the document had been reviewed by senior island officials and , if so, whom?

Had the clauses which the then Deputy Chief Minister found unacceptable also been viewed by those officers, did they share his opinion and, if so, why did they not identify these issues up before the trip to India?

What justifications did the officers give for not identifying a problem existed? Answer

The questions asked can be best answered by providing the history of the negotiation and signing of the Tax Information Exchange Agreement ( TIEA) with India, as follows –

The TIEA was negotiated, as are all TIEAs, by the Adviser – International Affairs in the Chief  Minister's  Department  and  the  Director  of  Tax  Policy  in  the  Treasury  and  Resources Department.

In the negotiations with the Indian authorities the latter indicated that they wanted included in the agreement an article (Article 8) regarding assistance with the collection of tax claims. This reflected similar provisions in the OECD/Council of Europe Convention on Mutual Administrative Assistance in Tax Matters which the G20 was encouraging jurisdictions to sign and which India fully supported.

The Indian authorities gave Jersey to understand that it was their intention that Article 8 would  be  included  in  all  their  TIEAs.   In  addition  the  finance  industry  represented  that the completion of an Indian TIEA was important because of India's business potential and the threat that if a TIEA was  not signed Jersey would be included on a proposed Indian blacklist. In concluding the negotiations it was recognised however that before the agreement could be ratified the States would have to have been asked to approve the legislation necessary for Article 8 to be put into effect.

As with all TIEAs, and in accordance with the terms of the Letter of Entrustment issued by the UK that enables the Island authorities to negotiate TIEAs and DTAs in their own right, the TIEA with India was cleared with the UK authorities before the signing.

As the Deputy Chief Minister (also in his capacity as Treasury and Resources Minister) was making a promotional visit to India in March 2011, organised in conjunction with Jersey Finance, together with the Assistant Chief Minister with responsibility for external relations, arrangements were made were made with the Indian authorities that the TIEA signing should take place in New Delhi during the visit. However while Ministers were in India concerns were raised about the effect of the inclusion of Article 8, including the effect of the information received concerning TIEAs signed by India with Bermuda and the Isle of Man, which were not on the public record until February 2011 that indicated that, contrary to the previous understanding, all the TIEAs being negotiated by India did not include the article concerned.

The Deputy Chief Minister sought advice from officials in Jersey and following consultation with the Council of Ministers and Chief Minister, Indian authorities were asked to remove Article 8 from the TIEA. However they explained that the TIEA had been approved for signing at Cabinet level and the article could not be removed without Cabinet approval which would not be able to be sought while the Jersey delegation were in India. It was also indicated that there was no certainty that the Cabinet would approve the amendment requested because of the importance attached by the Indian authorities to the provisions in the article which were seen, in common with the equivalent provisions in the OECD/Council of Europe Convention, as making a valuable contribution to the success of the efforts by the Indian authorities to track down and recover the proceeds of corruption.

The option remained for the TIEA including Article 8 to be signed with ratification being left until the States had approved the necessary legislation to bring the TIEA with the article concerned into effect. However, following further consultation with the Council of Ministers and the Law Officers, the Deputy Chief Minister made the final decision not to sign and that a separate agreement between the Competent Authorities should be negotiated after the visit relating to the coming into effect of Article 8.

An agreement was then negotiated, and signed by the Treasury and Resources Minister as the Competent Authority, which provides that the provisions of the TIEA in Article 8 will not be put into effect until -

The OECD/Council of Europe Convention on Mutual Administrative Assistance in Tax Matters comes into force in respect of Jersey (India has already signed and ratified the Convention), subject to any reservations entered into on behalf of Jersey in connection therewith; or

Jersey starts giving administrative assistance in connection with tax claims to any other country or jurisdiction.

The States would also need to have passed the necessary legislation.

The TIEA was signed by the Deputy Chief Minister in London at the Indian High Commission on the 3rd November 2011.

20. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE PAY DEAL FOR EMPLOYEES OF THE JERSEY ELECTRICITY COMPANY:

Question

In the light of the proposed 2-year pay freeze for public sector workers, will the Minister give full details of the pay agreement reached following arbitration with employees at the majority States- owned utility the JEC?

Answer

The Minister requires the JEC's Board of Directors, along with all States owned companies, to provide efficient, effective and affordable services to Islanders, whilst providing an appropriate financial return to the States as shareholder. The Board is responsible for running the company and meeting these objectives and is held to account for doing so.

Therefore the JEC's terms and conditions of employment for its staff are a matter for the Board of Directors, its employees and their representatives. The majority shareholder is not involved in the pay decisions of the company.

Any individual can make representations and the Minister for Treasury and Resources wrote to all Utilities concerning pay (Appendix 1).

It would also not be normal to discuss the outcome of negotiations of a separate entity.

Appendix 1

Minister for Treasury and Resources

P O Box 353, Cyril Le Marquand House, The Parade St Helier, Jersey, JE4 8UL

Tel: +44 (0)1534 445502

Fax: +44 (0)1534 445522

To [all Utilities] 16th February 2012 Dear Chairman

I am aware of important wage negotiations that a number of the Island's utility companies currently have underway. As Treasury Minister I am aware of the effect that local pay awards are likely to have on the local economy. Forthcoming and current pay awards in both the private and public sector could have an effect on the possibility of retaining businesses on the Island, and therefore affect our recovery from the current serious downturn in economic activity.

I am aware that some pay negotiations are reaching a critical point. It's worth noting that the impact and influence that the decisions of a major Island undertaking, like one of the utilities can have. The effects can be far reaching and out of all proportion to the direct effect of increasing their own cost base.

The purpose of this letter is to urge you to be acutely aware of the impact that your organisation can have on other wage negotiations. Possibly of more importance for your company and its staff, I would ask you to consider the negative message that any significant pay rise would give to your many stakeholders and customers; especially from those groups in our society who are being most affected by the current economic situation.

Over the past year, the government has made strenuous efforts to balance the Island's public finances so as to avoid the problems that we are seeing in other places. Whilst we can say we are in a better position than comparable jurisdictions, our plans are predicated on pay restraint for 2012 and 2013. The States' Budgets include a savings equivalent to a freeze on the budget for remuneration for the next two years. It is of the utmost importance that this freeze is held. The reason this is critical is not only to avoid further deficits but also to assist doing everything we can to secure growth and reduce the unprecedented levels of unemployment, which could be made worse by the loss of LVCR.

I appreciate this is a difficult time for all Islanders including your companies. The importance of a concerted effect to avoid unsustainable pay increases cannot be underestimated and I urge you and your Boards to take account of the wider Island economic interests in your wage settlements for this year and next.

Yours sincerely

Senator Philip Ozouf

Minister for Treasury and Resources

direct dial: +44 (0)1534 440287 email: p.ozouf@gov.je

21. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE REDUCTION IN DISPOSABLE EARNINGS: Question

Does the Minister accept that the RPI figure for inflation stood at 4.5% in June and rose further to 5.4% in September 2011 and that this renders the answer he gave to question 6787 on 20th March 2012 concerning the squeeze on disposable earnings incorrect, and would he now agree that there was a reduction in disposable incomes at this time?

Answer

The RPI figures quoted are as already published by the Statistics Unit. At June 2011 RPI was 4.5% and rose to 5.4% in September.

The answer to question 6787 was not incorrect. That question stated that the July 2011 FPP report said "that Jersey workers from all earning bands had suffered a reduction in disposable incomes of around 7 to 9% since 2008". In the answer to the question, the Minister pointed out that this statement does not, in fact, appear anywhere in the report.

The Minister went on to recognise in his answer to question 6787 that this has been a difficult time for households, partly due to factors beyond Government's control, like global prices and recession. However, to get an indication of whether the more recent rise in inflation highlighted in this question (which is forecast to ease later this year) has resulted in a squeeze on disposable incomes, it will be necessary to understand what has happened to earnings over the entirety of this period and not just to June 2011 (which covers changes in earnings between last weeks of June 2010 and June 2011). This will require the information on average earnings up to June 2012, which will only be available in August 2012. It will also be necessary to take into account that the 2012 Budget announced a number of measures that should ease the direct tax burden for some households – income tax exemption thresholds will rise by 4.5% this year and measures have been introduced to support working parents through generous tax relief for childcare costs.

22. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HOUSING REGARDING RELEASE OF THE WILCOX REPORT:

Question

Will the Minister explain to members why he has refused my request to release the Wilcox report which contains some of the evidence which has been used in the production of the proposals for future housing policies?

Does the Minister accept that members should have access to all relevant research on which policies are based before being called to vote on such policies?

Will the Minister state whether he (or other Ministers) have commissioned other research in developing the proposals for funding affordable housing and, if so, will he agree to release this work so that members can fully assess the proposals in the light of the relevant evidence, and if not, why not?

Answer

The draft report in question was prepared by Professor Steven Wilcox of the University of York working as an Associate to Sector Financial Services Limited as part of the Housing Transformation Programme.

The draft report reviewed the current arrangements for rent policy and the linkage with the housing component of Income Support and identified some potential drivers for change, but remained in draft form as it did not include a sufficiently comprehensive social and economic impact assessment, nor did it recommend any preferred option.

Separate work is being undertaken by the Social Security Department to complete the social and economic impact assessment with a view to recommending any changes considered necessary to the method of setting private sector housing component of Income Support as a result of proposed changes to rent policy. I confirmed in my answer to Written Question 6754 that these proposals will

be put to the States in parallel with the proposals for Housing reform. There is no intent to progress

Professor Wilcox's work further.

The draft Joint Review of Rent Policy and the Housing Component of Income Support report therefore falls under the definition of "policy in development" as defined within section 35 of the Freedom of Information (Jersey) Law 2011 as it is not a completed report nor would it be appropriate to publish it given that my colleague the Minister for Social Security has not set out his findings on the matter.

It is of course reasonable for States Members to request to see relevant background information and research that has formed the basis of formulated policy.

The Achieving Decent Homes White Paper published as a Report au Greffe on 12th April has been informed by considerable work carried out by my Department with support from colleagues in the Chief Ministers, Treasury and Resources and Social Security Departments and appointed advisers. Whether or not this comes under the heading of "research" I will be happy to accommodate any reasonable request for background information made by any States Member on the subject matter within the White Paper.

23. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE COSTS OF GENERAL PRACTITIONER VISITS: Question

Will the Minister inform members what changes, if any, he proposes to improve the mechanisms for supporting the costs of GP visits and other medical costs under the Income Support system?

Answer

I can confirm that the Income Support system does already include mechanisms for supporting the costs of GP visits and other medical costs for low income households.

As Members are aware, the Minister for Health and Social Services is currently undertaking a major review of health and social care provision. My officers are working very closely with HSSD officers on this project which is likely to involve major changes in the way in which primary health care is provided in the community by GPs and other health professionals and how this care is funded.

It is likely that legislative changes to Income Support will be needed in the next few years to support the outcomes of the Health review as it affects the provision and funding of primary care services.

Whilst the Health review is in progress, my officers will continue to review and, as necessary, improve the existing support mechanisms within Income Support, including the use of Household Medical Accounts.

24. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE POTENTIAL IMPACT OF THE REMOVAL OF LOW VALUE CONSIGNMENT RELIEF ON EMPLOYMENT FIGURES:

Question

Will the Minister inform members what his latest estimates are for the impact of the UK Government's decision on Low Value Consignment Relief on employment figures, redundancy payments, Income Support costs, lost Social Security contributions and other costs to his Department ?

Answer

The latest estimates for the impact of the UK Government's decision on Low Value Consignment Relief are as follows:

• Employment figures

Advice from the Economic Development Department suggests that there is reason to remain optimistic that a number of the businesses involved in the industry will remain in the Island for the foreseeable future. The Economic Development Department is working closely with the industry to explore new business opportunities and markets. This Department is working with business to provide information and advice to staff in the event of redundancy. Some 800 people are currently directly employed by the fulfilment industry.

• Redundancy payments

The Department is only responsible for statutory notice payments in the event of the insolvency of the employer. There is no current indication that any fulfilment employer will become insolvent.

• Increased Income Support costs

Estimate of £800,000 per annum per 100 fulfilment employees losing their jobs

• Reduced Social Security contribution income

Estimate of £180,000 per annum per 100 fulfilment employees losing their jobs

• Social Security Contribution Credits

Workers who are made compulsorily redundant may be entitled to receive contribution credits against their Social Security record. The award of unemployment credits to 100 individuals is equivalent to a lost contribution income of £567,000 per annum. This cost is not met directly by the Fund at the time, but it does represent a future financial liability against the Fund.

• Reduced Supplementation costs

Estimate of £315,000 per 100 fulfilment employees losing their jobs

• The Back To Work Scheme

The total allocation of £7.4 million for this scheme includes funding for additional support for unemployed workers. This support is principally provided through personal advisors and the provision of training courses. Extra costs are also incurred through the administration of an increased volume of Income Support claims.

Deputy J.H. Young of St. Brelade :

Can I raise a point of order, I think. The answer tabled to question 10, to my question, is a non- answer. Could you please advise me, does that mean my question is left outstanding for a future or can I be given some guidance as to when my answer may be available please?

The Bailiff :

What, there is no answer tabled is there? Minister for Planning and Environment. Well, Minister for Planning and Environment, are you going to provide further information in due course, is that right Minister?

Deputy R.C. Duhamel of St. Saviour :

The answer is as given, Sir, that this question requires many hours of detailed research. The Department's officers are working as hard as possible to get that information and I will provide the answer to Members as soon as possible.

The Bailiff :

I think that answer is Deputy then is that it means what it says, I think, that the answer will be provided to Members as soon as possible.

Deputy M.R. Higgins of St. Helier :

Can I ask a question? I have put 3 written questions in to the Planning and Environment Department, 2 of them which were asking - in January - the questions. They did not provide the information in January. I have got a response back today saying, again, that they cannot provide the information at the present time, they will do it in the future. This department is not providing information that should be readily available. I think that well, you can tell me where the appropriate place is to complain about this because I think that they are definitely out of order.

The Bailiff :

Very well. No doubt the Minister will take those comments on board. Deputy R.C. Duhamel:

Perhaps a helpful comment in relation to question 7. The questions have been addressed to the Law Officers, which is the substance behind the questions, and we are in that department's hands. We will respond to the questioner as soon as possible.

Deputy M.R. Higgins:

With respect, one of the questions was what was the policy at a period of time in the past. They either had a policy of they did not.

The Bailiff :

Maybe the files are not easily available, Deputy . Very well, so we will come then to oral questions. [09:45]

2. Oral Questions

1. Deputy R.G. Le Hérissier of St. Saviour of the Minister for Health and Social Services regarding the Aitkenhead report concerning the death of a patient:

What steps will the Minister be taking in the light of the Aitkenhead Report concerning the death of a patient and related matters?

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

Patient safety is our paramount concern. Our commitment to patient safety and improved clinical governance, which is the responsibility of all our staff, is demonstrated by the appointment of Medical Directors who lead and monitor patient safety programmes. These include, but are not limited to, new medical handover documentation, establishment of a Hospital Board, care quality groups, a new incident reporting system. Many of these improvements have already been set in train prior to the Aitkenhead Report and we will continue to seek new ways to improve. Our clinical staff and managers fully participated in the production of the report which was commissioned by the Health and Safety Inspectorate. They have worked to address the issues raised, delivering positive improvements. As acknowledged by Professor Aitkenhead, clinical governance is high on the hospital agenda. The Health and Safety Inspectorate also acknowledge Health and Social Services' positive response and they intend for Professor Aitkenhead to review progress again later this year.

1. Deputy R.G. Le Hérissier:

Given the public concern that exists and given, perhaps, some of the unfortunate slurs that may be passed against staff, would the Minister not acknowledge it would have been much better if this report was placed in the public domain and that the public could make a judgment based on the full report being available? This continuous stream of reassurances is not solving the problem; it is simply exacerbating it.

The Deputy of Trinity :

I totally agree with the Deputy . I would like this report to be in the public domain but it is not my report. It is done on behalf of the Health and Safety Inspectorate and I know they are working with the Law Officers and with the Chief Minister's Department to hopefully release it next week.

2. Deputy M.R. Higgins:

Just to again follow up on this thing about the publication of the report, the Minister has told us steps are being taken to rectify deficiencies but until we know what those deficiencies are and it is totally transparent, we have no way of knowing whether they are addressing those issues. Will the Minister use every effort on her part to get this thing published as soon as possible?

The Deputy of Trinity :

Yes I have tried but I understand it is under the law within Health and Safety Inspectorate that they cannot release it. It is not my report and I am very willing for the report to be put out in the public domain.

3. Senator S.C. Ferguson:

The reporting in the J.E.P. (Jersey Evening Post) of the whole case was inaccurate. Will the Minister be correcting these and will not publication of the report, as other Members have said, give peace of mind to the general public who have paid for the report no doubt? Even though it is not her report, does the Minister not feel that her representations for publication would carry weight?

The Deputy of Trinity :

There are a few questions in what the Senator has asked. I reiterate, I would like the report released and I am working hard with the Chief Minister and with the Health and Safety Inspectorate to release it into the public domain and hopefully it will be released once it is redacted next week. It is an important document and as I said, there are some very positive comments made by the Professor, especially in his follow-up report, which came out at the beginning of this year, and it is important that these are put out into the public domain to reassure the public.

4. Senator S.C. Ferguson:

Will the Minister be correcting the inaccurate reporting in the J.E.P. of the whole case which gave rise to the report?

The Deputy of Trinity :

At times, I do go back to the J.E.P. and tell them that they have not perhaps reported something accurately and when the report does come out into the public domain next week, I shall make sure that the proper comments are put out and that they are done in a proper and efficient way and everyone is aware of the findings.

5. Deputy G.C.L. Baudains of St. Clement :

It does appear to me that the department moves from one crisis to another and we are continually told that it is learning from its mistakes. Can the Minister advise when this sort of thing will cease and we can have confidence in the department again?

The Deputy of Trinity :

I have every confidence in all my staff, including the medical staff. A hospital is a risky place but as I said, we continue looking at ways to improve. We have care quality groups, appraisals; the appointment of 2 Medical Directors has gone a long way. It is a continual process and will continue to be so.

6. Connétable J.M. Refault of St. Peter :

Could the Minister please confirm or otherwise that the items reported on by Professor Aitkenhead occurred back in 2006, 2008 and since that time, much work has been done to already address those items, many of which have already been concluded? Can the Minister confirm that, please?

The Bailiff :

Connétable of St. Peter, it slipped past me [Laughter] which I failed to spot and I am going to disallow that question. [Laughter]

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

I would advise the Minister for Health and Social Services not to ask the J.E.P. to correct any inaccuracies or lies because it is very expensive, but there we go. What I would like to know is, given that this report was all read out verbatim in court, does it not make a mockery if the report cannot be released to the public? Of course, what was read in court was not redacted so could the Minister advise on that?

The Deputy of Trinity :

It is very difficult to comment on that because the Health and Safety Inspectorate, as I understand, was a witness at an inquest.

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

I can hardly believe my ears but I have just heard the Minister for Health and Social Services state and accept that the hospital is a risky place. Does she wish to stand by that statement?

The Deputy of Trinity :

Just to clarify, there are many different procedures that go on within the hospital in mitigating that risk. A lot of patients come through the hospital, a lot of seriously ill patients, and the most important thing is to put procedures and policies in place and make sure that everything is as safe as we can possibly make it.

9. Deputy R.G. Le Hérissier:

A very senior official at the hospital stated it would take years to catch up in crucial ways with U.K. (United Kingdom) practice. Could the Minister tell us, in this case, what lessons have been learned and what reassurance can she give to people like Deputy Baudains of St. Clement that these matters, bar very exceptional circumstances, are not going to be repeated as they seem to be too often?

The Deputy of Trinity :

To comment about the years to catch up, I need very much to put that into context. It is our data systems that are the problem in collecting evidence. There is no doubt there is some improvement, there always will be, but the rate of improvement is impressive and it will take time so it is the data collection that is years out of date but we are looking at forwarding that. Patient safety I continue to say is paramount and we will work and continue to work to that

The Bailiff :

I think you have made that point, Deputy .

2. Deputy G.P. Southern of the Minister for Housing regarding the Housing White paper (R.47/2012):

In order to permit informed consultation on his Housing White Paper (R.47/2012), will the Minister release to Members the full figures and calculations that underpin the figures on pages 20 to 22 to include the numbers of units of accommodation of different types currently having rents below the 90 per cent fair rent mark and those which relate to the stock value and borrowing capacity outlined on page 14 and elsewhere?

Deputy A.K.F. Green of St. Helier (The Minister for Housing):

The quick answer to that is yes, I will. I confirm I will be releasing these figures to Members as part of the consultation programme.

1. Deputy G.P. Southern :

In particular, will the Minister make reference to the figures on page 14 which suggest that £148 million of borrowing will produce 368 new homes which is a cost of £400,000 per accommodation unit and surely if those are accurate figures, these are a very high cost to build?

Deputy A.K.F. Green:

The figures are accurate but they are not in the right context and that is not the fault of the Deputy because he has not seen the figures. He is right that we will be borrowing £148 million. There are net 368 new homes but we are building 592 new homes because we have to demolish some that are substandard. In other words, there are 224 being demolished and replaced. Of course, within those figures, there is a substantial sum for the renovation of existing properties which needs to be spent, gets our stock up to standard, but does not provide any new accommodation.

2. Deputy M.R. Higgins:

While I am on my high horse about people not answering questions, could the Minister for Housing just advise us why he cannot publish the figures now rather than wait until after a consultation period which is about 3 months?

Deputy A.K.F. Green:

I did not say I was going to wait until after the consultation period. I said I was going to release them as part of the consultation period and I intend to get those figures out to Members and on the website within 14 days.

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

A 2-part question. My very brief read of what has been sent to States Members seems to indicate that the full business case for the whole transformation is being developed; that is the implication - i.e. it has not been concluded. There are 2 parts in there. Number one is can the Minister release it at some point to States Members and number 2 is if it has not been completed, why have you issued the White Paper in this instance?

Deputy A.K.F. Green:

I am not ready to yet release the full business case although I am prepared to release the figures that Deputy Southern has asked for. I have gone out to consultation to get people's views on the general direction and then I will finalise my full business case and bring it as a report and proposition to this House.

4. Deputy J.A.N. Le Fondré:

Surely on a portfolio of at least £500 million, the financials are an inherent and implicit and essential part of the consultation?

Deputy A.K.F. Green:

Absolutely, but we might find that we need to do it differently. We may need less, we may need more; it depends on the consultation period. I know what I want but I want to see what other people are saying.

Deputy J.A.N. Le Fondré:

We need to have the information in order to be able to advise the Minister as to whether what he is doing is the right thing or not.

5. Deputy M. Tadier of St. Brelade :