States Meeting Transcript - 26th June 2012

STATES OF JERSEY OFFICIAL REPORT TUESDAY, 26th JUNE 2012

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

1. Resignation of Mr. Christopher Evans and Mr. Alexander Fearn from the Public Accounts Committee......................................................................8

1. Deputy T.A. Vallois of St. Saviour (Chairman, Public Accounts Committee):...........8

2. Appointment of 5 members of the Bailiff 's Consultative Panel .........................8

QUESTIONS.....................................................................................10

3. Written Questions.......................................................................10

1. CONNÉTABLE OF ST. JOHN OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING JERSEY TELECOM'S FAULT REPAIR SERVICE:...10
   2. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE BOARD OF GOVERNORS OF HAUT DE LA GARENNE: ........................................................................11
   3. DEPUTY R.J. RONDEL OF ST. HELIER OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE ENVIRONMENTAL RISK ASSESSMENT UNDERTAKEN PRIOR TO THE DIAMOND JUBILEE FIREWORK DISPLAY:....11
   4. DEPUTY R.J. RONDEL OF ST. HELIER OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING CONCERNS RAISED BY STATES DEPARTMENTS IN RESPECT OF THE DIAMOND JUBILEE FIREWORK DISPLAY:..............................................................................12
   5. THE DEPUTY OF GROUVILLE OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING MEASURES TO IMPROVE AIR QUALITY ACROSS JERSEY:....................................................................13
   6. THE DEPUTY OF GROUVILLE OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING ROAD CLEANING ON BANK HOLIDAYS AND WEEKENDS: ....................................................................14
   7. THE DEPUTY OF GROUVILLE OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING STAFFING AND MANPOWER COSTS: ..15
   8. DEPUTY M.R. HIGGINS OF ST. HELIER OF H.M. ATTORNEY GENERAL REGARDING LEGAL COSTS INCURRED IN RESPECT OF THE LOW VALUE CONSIGNMENT RELIEF COURT ACTION: ........................................15
   9. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE COLLECTION OF VALUE ADDED TAX FOR THE UK GOVERNMENT BY JERSEY POST:........................................16
   10. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE IMPACT OF THE LOSS OF CAR PARKING PROVISION IN THE TOWN AREA:......................................17

11. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE HEALTH IMPLICATIONS OF WIRELESS BROADBAND:...........................................................18
12. SENATOR S.C. FERGUSON OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING LITIGATION CLAIMS AGAINST THE HEALTH AND SOCIAL SERVICES DEPARTMENT:................................................18
13. SENATOR S.C. FERGUSON OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE COST OF OCCUPIED BEDS IN VARIOUS HOSPITAL DEPARTMENTS: ........................................................21
14. SENATOR S.C. FERGUSON OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE PROGRESS OF GIGABIT JERSEY:..............22

16. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE ENERGY FROM WASTE PLANT: ................................................................................23
17. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE DELEGATION OF POWERS IN RESPECT OF PLANNING APPLICATIONS:.........................................26
18. CONNÉTABLE OF ST JOHN OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING POWER CUTS EXPERIENCED IN THE ISLAND OVER THE PAST 10 YEARS:........................................................40
19. DEPUTY OF ST. OUEN OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE USE OF ADDITIONAL FUNDING WITHIN THE HEALTH AND SOCIAL SERVICES DEPARMENT:.................................40
20. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR HOME AFFAIRS REGARDING THE INMATES AT H.M.P LA MOYE SERVING SENTENCES FOR DRUG RELATED OFFENCES: .......................................................42

22. DEPUTY M. TADIER OF ST. BRELADE OF THE CHIEF MINISTER REGARDING THE QUEEN ELIZABETH II FIELD CHALLENGE:.................................45
23. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR HOUSING

REGARDING BENCHMARK STANDARDS FOR PRIVATE RENTAL ACCOMMODATION:.................................................................45

24. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING CHANGES TO COMPANY TAX POLICY:......46
25. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING JOB OPPORTUNITIES WITHIN MINING COMPANIES REGISTERED IN JERSEY:............................................47
26. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING JOB OPPORTUNITIES CREATED BY INWARD INVESTMENT:........................................................................48
27. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE MEASUREMENT OF THE NUMBER OF HIGH-VALUE JOBS CREATED THROUGH THE ECONOMIC GROWTH STRATEGY:...........................................................................49
28. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE OVERPAYMENT OF INCOME SUPPORT:........50

4. Oral Questions...........................................................................52

1. Deputy T.M. Pitman of St. Helier of the Minister for Health and Social Services regarding hospital waiting times for psychology services:..............................52 Deputy A.E. Pryke of Trinity (The Minister for Health and Social Services):.................52

1. Deputy T.M.Pitman:...................................................................52
2. Deputy G.P. Southern of St. Helier:....................................................52

3. Deputy T.M.Pitman:...................................................................52

2. Deputy J.A. Martin of St. Helier of the Minister for Social Security regarding inappropriate deduction ofsocialsecurity contributions from redundancy payments:...53 Senator F. du H Le Gresley (The Minister for Social Security): ..............................53

1. Deputy J.A. Martin:....................................................................53
2. Deputy G.P. Southern :..................................................................54
3. Deputy G.P. Southern :..................................................................54
4. Deputy J.A. Martin:....................................................................54

3. Deputy M.R. Higgins of the Minister for Economic Development regarding reputational issues arising from the K2 tax avoidance scheme which was being promoted in the United Kingdom:.......................................................................55 Senator I.J. Gorst (The Chief Minister - rapporteur):..........................................55

1. Deputy M.R.Higgins:..................................................................56
2. Deputy M.R.Higgins:..................................................................56
3. Deputy G.P. Southern :..................................................................56
4. Deputy G.P. Southern :..................................................................57
5. Deputy T.M.Pitman:...................................................................57
6. Deputy M. Tadier :......................................................................57
7. Deputy M. Tadier :......................................................................58
8. Deputy R.G. Le Hérissier: ..............................................................58

9. Deputy M.R.Higgins:..................................................................58
10. Deputy M.R.Higgins:...............................................................59

4. Deputy M. Tadier of the Minister for Treasury and Resources regarding his commitment to finding a proper and fair solution' to the zero-rate tax paid by some local companies: .........................................................................................59 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................60

1. Deputy M. Tadier :......................................................................60
2. Senator S.C. Ferguson:.................................................................60
3. Senator S.C. Ferguson:.................................................................61
4. Deputy G.P. Southern :..................................................................61
5. Deputy G.P. Southern :..................................................................61
6. Deputy R.G. Le Hérissier: ..............................................................61
7. Senator P.F. Routier: ...................................................................62
8. Deputy M. Tadier :......................................................................62
9. Deputy C.F. Labey of Grouville :........................................................62
10. Deputy M. Tadier :...................................................................62

5. Deputy S. Power of St. Brelade of the Minister for Transport and Technical Services regarding the tender to process the Island's scrap metal for the next tender period:.....63 Deputy K.C. Lewis of St. Saviour (The Minister for Transport and Technical Services): .....63

4.5.1 Deputy S. Power:.......................................................................63

6. Deputy G.P. Southern of the Chief Minister regarding action in respect of aggressive tax planning schemes: ......................................................................64 Senator I.J. Gorst (The Chief Minister):......................................................64

1. Deputy G.P. Southern :..................................................................64
2. Deputy G.P. Southern :..................................................................64
3. Deputy T.M.Pitman:...................................................................65
4. Deputy T.M.Pitman:...................................................................65
5. Senator S.C. Ferguson:.................................................................65

6. Deputy M. Tadier :......................................................................65
7. Deputy G.P. Southern :..................................................................66

7. Deputy R.J. Rondel of St. Helier of the Minister for Planning and Environment regarding the relocation of the new Police Headquarters to the Green Street Site:.................66 Deputy R.C. Duhamel (The Minister for Planning and Environment): ........................66

1. Deputy R.J. Rondel:....................................................................67
2. Deputy J.A. Martin:....................................................................67
3. Deputy J.M. Maçon of St. Saviour:.....................................................67
4. Deputy J.H. Young of St. Brelade:......................................................67
5. Deputy R.G. Le Hérissier: ..............................................................68
6. Deputy R.J. Rondel:....................................................................68

8. Connétable P.J. Rondel of St. John of the Minister for Treasury and Resources regarding electricity power cuts over the last 10 years:............................................68 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................68

1. The Connétable of St. John:............................................................69
2. Deputy T.M.Pitman:...................................................................69
3. Deputy M. Tadier :......................................................................69
4. Deputy J.A. Hilton of St. Helier:........................................................70
5. Senator L.J. Farnham :..................................................................70
6. The Connétable of St. John:............................................................70

9. Deputy J.A. Hilton of the Minister for Health and Social Services regarding the housing of sex offenders:........................................................................71 Deputy J.A. Martin (Assistant Minister for Health and Social Services - rapporteur): ........71

1. Deputy J.A. Hilton:.....................................................................71
2. Deputy J.A. Hilton:.....................................................................72

10. Deputy J.H. Young of the Minister for Planning and Environment regarding the existence of a Code of Conduct covering planning matters: ............................72 Deputy R.C. Duhamel (The Minister for Planning and Environment): ........................72

1. Deputy T.A. Vallois:................................................................72
2. Deputy J.H. Young: .................................................................73

11. Deputy G.P. Southern of the Chief Minister regarding the modernisation of services provided by the public sector:..........................................................73 Senator I.J. Gorst (The Chief Minister):......................................................73

1. Deputy G.P. Southern : ..............................................................73
2. Deputy T.M.Pitman:................................................................73
3. Deputy T.M.Pitman:................................................................74
4. Deputy T.A. Vallois:................................................................74
5. Deputy T.A. Vallois:................................................................74
6. Deputy M. Tadier :...................................................................75
7. Deputy G.P. Southern : ..............................................................75

12. Deputy J.A. Martin of the Minister for Treasury and Resources regarding advice given by the department on redundancy payments under £50,000:............................76 Deputy E.J. Noel of St. Lawrence (Assistant Minister for Treasury and Resources - rapporteur):.............................................................................76

1. Deputy J.A. Martin: .................................................................76
2. Deputy T.A. Vallois:................................................................76

13. Deputy S. Power of the Chief Minister regarding Ministerial responsibility for Population and Migration regulation and social housing and housing trusts. ............76 Senator P.F. Routier (Assistant Chief Minister - rapporteur):.................................77

1. Deputy S.Power:....................................................................77

2. Deputy G.P. Southern : ..............................................................77
3. Deputy R.G. Le Hérissier:...........................................................77
4. Deputy R.G. Le Hérissier:...........................................................78
5. Deputy M. Tadier :...................................................................78
6. Deputy S.Power:....................................................................78

14. Deputy R.J. Rondel of the Minister for Housing regarding the development of affordable homes' due to be completed next to Trinity Parish Hall :....................79 Deputy A.K.F. Green of St. Helier (The Minister for Housing):..............................79

1. Deputy R.J. Rondel:.................................................................79
2. Deputy J.H. Young: .................................................................80
3. Deputy G.P. Southern : ..............................................................80
4. Deputy S.Power:....................................................................80
5. Senator P.F.C. Ozouf : ...............................................................80
6. Deputy R.J. Rondel:.................................................................80

15. Deputy T.M. Pitman of the Attorney General regarding lawyers' fees and expenses:...81 Mr. T.J. Le Cocq Q.C., H.M. Attorney General: ..............................................81

1. Deputy T.M.Pitman:................................................................81
2. Deputy T.M.Pitman:................................................................81
3. Connétable M.P.S. Le Troquer of St. Martin : ........................................82
4. Deputy M.R.Higgins:...............................................................82
5. Deputy M.R.Higgins:...............................................................83
6. Deputy T.M.Pitman:................................................................83

16. Deputy J.A. Hilton of the Minister for Health and Social Services regarding compulsory criminal record checks for employees under the proposed new Regulation of Care Law:

83

The Deputy of Trinity (The Minister for Health and Social Services):........................83

1. Deputy J.A. Hilton:..................................................................84
2. Deputy J.A. Hilton:..................................................................84

5. Questions to Ministers Without Notice - The Minister for Transport and Technical Services..................................................................................84

1. Deputy T.A. Vallois: ...................................................................85 Deputy K.C. Lewis (The Minister for Transport and Technical Services):....................85

1. Deputy T.A. Vallois: ...................................................................85
   2. Deputy S.Power:.......................................................................85
   3. Connétable J. Gallichan of St. Mary : ...................................................85

5.3.1 The Connétable of St. Mary:............................................................85

4. Connétable A.S. Crowcroft of St. Helier:...............................................86
5. Deputy J.A. Hilton:.....................................................................86

5.5.1 Deputy J.A. Hilton:.....................................................................86

6. The Connétable of St. John:............................................................86

5.6.1 The Connétable of St. John:............................................................87

7. Deputy J.H. Young:....................................................................87
8. The Connétable of St. Martin:..........................................................87
9. The Deputy of Grouville :...............................................................87
10. Senator L.J. Farnham :..................................................................88

5.10.1 Senator L.J. Farnham : ...............................................................88

11. Deputy S.Power:.......................................................................88
12. Deputy J.P.G. Baker of St. Helier : ......................................................88
13. Deputy S.G. Luce of St. Martin : ........................................................89

6. Questions to Ministers Without Notice - The Minister for Health and Social Services ...........................................................................................89

1. Deputy G.P. Southern :..................................................................89 The Deputy of Trinity (The Minister for Health and Social Services):........................89

1. Deputy G.P. Southern :..................................................................89
   2. The Connétable of St. Martin:..........................................................90
   3. The Connétable of St. John:............................................................90

6.3.1 The Connétable of St. John:............................................................90

4. Deputy R.G. Le Hérissier: ..............................................................90

6.4.1 Deputy R.G. Le Hérissier: ..............................................................91

5. Deputy S. Pinel of St. Clement : ........................................................91
6. Deputy J.H. Young:....................................................................91
7. Deputy J.G. Reed of St. Ouen:..........................................................92

6.7.1 The Deputy of St. Ouen:................................................................92

8. Deputy S.Power:.......................................................................92

STATEMENT ON A MATTER OF OFFICIAL RESPONSIBILITY.........................93

7. Statement by the Chairman of the Comité des Connétable s regarding the 2012 Island- wide rate.................................................................................93

7.1 The Connétable of Trinity (Chairman of the Comité des Connétable s):.................93

1. The Deputy of St. Ouen:................................................................93
2. Senator S.C. Ferguson:.................................................................93
3. Deputy G.P. Southern :..................................................................94
4. Deputy J.H. Young:....................................................................94
5. Deputy J.H. Young:....................................................................94
6. Deputy M. Tadier :......................................................................94
7. Senator F. du H. Le Gresley:............................................................94
8. Deputy M. Tadier :......................................................................95
9. Senator P.F.C. Ozouf :..................................................................95
10. The Connétable of St. Helier:........................................................96

PUBLIC BUSINESS.............................................................................96 Senator L.J. Farnham :........................................................................96 Senator S.C. Ferguson: .......................................................................97 Senator I.J. Gorst :............................................................................97 Deputy J.A.N. Le Fondré of St. Lawrence : ...................................................97 Senator I.J. Gorst :............................................................................98 Deputy J.A.N. Le Fondré:....................................................................98 The Connétable of St. Helier:.................................................................98 Deputy M. Tadier : ............................................................................98

LUNCHEON ADJOURNMENT PROPOSED..................................................99 [12:49]...........................................................................................100

LUNCHEON ADJOURNMENT...............................................................100

8. Draft Health Insurance (Medical Benefit) (Amendment No. 5) (Jersey) Regulations (P.47/2012)..............................................................................100

8.1 Senator F. du H. Le Gresley (The Minister for Social Security): ......................100

1. The Deputy of St. Ouen:..............................................................101

2. Senator F. du H. Le Gresley:..........................................................101

9. Statement made in camera' on 8th December 2008: release of transcript (P.48/2012 ..........................................................................................103

9.1 Statement made in camera' on 8th December 2008: release of transcript (P.48/2012) - proposition of Deputy Higgins to debate the remainder of the matter 'in camera'..104

1. Deputy M.R.Higgins:.................................................................104
2. Senator P.M. Bailhache : ..............................................................106
3. Deputy G.P. Southern :................................................................107
4. Senator A. Breckon: ..................................................................107
5. Deputy J.H. Young:...................................................................108
6. Deputy T.M.Pitman:..................................................................108
7. Deputy M. Tadier :....................................................................108
8. The Connétable of St. Mary:..........................................................108
9. Deputy M. R. Higgins:................................................................109

[Debate proceeded in camera]................................................................110

10. Income Support Medical Appeal Tribunal: appointment of members (P.49/2012)..112

10.1 Senator F. du H. Le Gresley (The Minister for Social Security): ......................113

1. Deputy G.P. Southern : .............................................................113
2. Senator F. du H. Le Gresley:.......................................................114

ARRANGEMENT OF PUBLIC BUSINESS FOR FUTURE MEETINGS ..................114

11. The Connétable of St. Helier (Chairman, Privileges and Procedures Committee):.....114

1. Senator P.F.C. Ozouf :.................................................................115
2. Senator F. du H. Le Gresley:..........................................................115

ADJOURNMENT..............................................................................115

[9:30]

The Roll was called and the Dean led the Assembly in Prayer. Senator I.J. Gorst (The Chief Minister):

Sir,  [Approbation] may I take this opportunity and be the first States Member to officially congratulate you and say how pleased and delighted we are that Her Majesty knighted you in her recent Birthday Honours List. You have served your Island as Attorney General, Deputy Bailiff and now as Bailiff and I believe, and I am sure that all Members agree with me that it is indeed very well-served and we take it, as an Assembly, as an honour as well. I should also, Sir, like to say how pleased we are for your wife, Lady Birt, who, as I know [Approbation] our wives are indeed a support and we could not do what we do without their support. We are absolutely delighted for her as well and the very active role that she plays in our community and also the patronages that she holds. May I congratulate you. [Approbation]

The Bailiff :

Chief Minister, thank you very much indeed for those kind words and I thank Members too for their endorsement. Joan and I have been very touched by the number of people who have written o us and sent messages and we really do appreciate it. We feel very humbled by it all and we thank everyone for their kind words. I am particularly grateful for your words in relation to my wife who is, in my impartial opinion, a very special person [Laughter] and is of great support in every conceivable way. Thank you for that. I will simply continue to try and do my best for the Island and for this Assembly. [Approbation]

APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS

1. Resignation of Mr. Christopher Evans and Mr. Alexander Fearn from the Public Accounts Committee

The Bailiff :

I have received the resignation of Mr. Christopher Evans and Mr. Alexander Fearn from the Public Accounts Committee. That means there are vacancies and Members will see on their desk notice, I think, of nominations which will be presented next time.

1. Deputy T.A. Vallois of St. Saviour (Chairman, Public Accounts Committee):

Could I just take this opportunity to thank publicly Mr. Alex Fearn and Mr. Chris Evans for giving their time and commitment on the Public Accounts Committee over the last 6 months. [Approbation] Their knowledge and experience has been invaluable and I wish them well for their future endeavours.

2. Appointment of 5 members of the Bailiff 's Consultative Panel The Bailiff :

Then we come to the appointment of 5 members of the Bailiff 's Consultative Panel. There is a note about this on the original Order Paper. As Members will be aware, certain Members of the States are members of the panel ex officio: the Chairman of the Comité de Connétable , the Chief Minister, the Chairman of P.P.C. (Privileges and Procedures Committee), the Minister for Treasury and Resources, but there are 5 other members that it is necessary to elect by ballot by the States. The 5 current members, their period is about to expire and accordingly it is necessary for Members to elect up to 5 other members for membership of the consultative panel, so I invite nominations.

Deputy T.A. Vallois:

Can I nominate Deputy Jeremy Maçon please?

The Bailiff :

Is that nomination seconded? [Seconded] Are there any other nominations? Connétable J.M. Refault of St. Peter :

May I nominate the Constable of St. John ? [Seconded]

Deputy R.G. Le Hérissier of St. Saviour :

Can I nominate Deputy Labey of Grouville please?

The Bailiff :

Is that seconded? [Seconded]

Connétable D.J. Murphy of Grouville :

Can I nominate the Constable of St. Lawrence ?

The Bailiff :

Is that seconded? [Seconded]

Connétable J.L.S. Gallichan of St. Trinity .

Can I nominate the Connétable of St. Mary ?

The Bailiff :

Is that seconded? [Seconded]  Is there any other nomination? Senator P.M. Bailhache :

Can I nominate Senator Farnham ?

The Bailiff :

Is that seconded? [Seconded] Are there any other nominations? Senator F. du H Le Gresley:

Can I nominate Deputy Pinel of St. Clement ?

The Bailiff :

Is that seconded? [Seconded]

Deputy M.R. Higgins of St. Helier :

I would like to nominate Deputy Southern .

The Bailiff :

Is that seconded? [Seconded]

Deputy R.C. Duhamel of St. Saviour :

Could I nominate Deputy Tadier ?

The Bailiff :

Is that seconded? [Seconded] Are there any other nominations? Senator A. Breckon:

Could I nominate Deputy Judy Martin? The Bailiff :

Is  that  seconded?   [Seconded] Are  there  any  other  nominations  for  this  hotly  contested [Laughter]

Deputy M. Tadier of St. Brelade : Could I nominate Deputy Trevor Pitman? The Bailiff :

Is that seconded? [Seconded] Are there any other nominations? Very well, so that will close the nominations. We have 11 nominations for 5 places. What I think I will suggest, if I may, because it will be difficult for everyone to remember that, I think it would be helpful if we adjourn this for a short moment. I will ask the Greffier to type up some ballot papers with the names of all the nominees and then we will hold the ballot at a convenient moment later on.

[9:45]

QUESTIONS

3. Written Questions

1.1.  CONNÉTABLE  OF  ST.  JOHN  OF THE  MINISTER  FOR  TREASURY AND RESOURCES REGARDING JERSEY TELECOM'S FAULT REPAIR SERVICE: Question

Given many millions of pounds of funding has been put into telecommunications from the public purse, would the Minister, as the representative of the shareholder, provide a breakdown of the number of faults identified by Jersey Telecom from December 2011 to date, indicating which parishes have been most affected?

Answer

It should be pointed out that the funding made available for JT is an investment, and will be repaid.

While JT deals with many faults that are not related to its network but instead to matters such as equipment in use by the subscriber or varying levels of technical ability, the vast majority of these are dealt with by the staff at JT's 24/7 call centre.

There are, on average, approximately 800 network faults dealt with by JT's network engineers per month, split as follows since December 2011:

This is not considered out of the ordinary for a network that carries an average of 9.2m calls per week, 98.7% of which are successful.

The faults cannot be split by parish as JT runs an Island-wide network where parish boundaries are not relevant to how it manages the network or faults arising thereon.

Another point worth making is that network faults are expected to drop quite significantly as JT replaces its copper network with a fibre network (the Gigabit Jersey programme). Fibre is a vastly superior technology and not prone to the levels of faults suffered by copper laying beneath the ground (for example, water ingress affects copper but not glass fibre). The industry and JT view is that a fibre network will see a reduction in network faults of as a result of the move to fibre.

Finally the Minister would also like to remind Members of an invitation he issued last week to an update from management of JT on 2 July dealing with the annual performance of the company, Gigabit Jersey and any other questions Members may have.

2. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE BOARD OF GOVERNORS OF HAUT DE LA GARENNE:

Question

Further to the provisions of the Children (Jersey) Law 2002, will the Minister publish a list of all living and deceased members of the board of governors/board of management/board of trustees for Haut de la Garenne since 1960, and if not, why not?

Answer

Haut de la Garenne, which closed in 1987, has never been administered by the Health and Social Services Department. It was the responsibility of the Education Committee.

HSSD does not therefore directly hold records relating to the membership of any Board, if in fact there was a Board in place. Any remaining records that do exist would be held at the Jersey Archive, however clarification would be required from Law Officers as to whether HSSD could publish any such information.

3. DEPUTY R.J. RONDEL OF ST. HELIER OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE ENVIRONMENTAL RISK ASSESSMENT UNDERTAKEN PRIOR TO THE DIAMOND JUBILEE FIREWORK DISPLAY:

Question

Would the Minister outline the differences, if any, between the Environmental Risk Assessments for the aborted firing of 120,000 rockets by Mr. Terry McDonald in August 2007 and the recent firework display held for H.M. The Queen's Diamond Jubilee on 4th June 2012?

Answer

In this response I would respectfully direct the Deputy to the report; "Importation of Fireworks In 2007 For A Charity Event: Investigation (P.21/2011) – Combined Report By The Ministers For Home Affairs, Planning And Environment And Economic Development" which was presented to the States on 15th September 2011 by the Minister For Home Affairs.

This document will provide useful background information, including submitted risk assessments, and highlights the reasons that requests were made by the Department for information from Mr. McDonald.

Correspondence with the department in this case was precipitated by an approach to staff by Mr. McDonald, and the Department offered advice to ensure that, should the record breaking attempt go ahead, minimal environmental damage would result. The scale of the attempt was of concern to the department as it was proposed that approximately 7 tonnes of fireworks would be used.

The risk assessments and the work with Mr. McDonald catalysed the drafting of two reports from the Department, both of which are available on the States of Jersey website. These were entitled as follows.

1. World Record Rocket Launch Attempt – a response from the Environment Division, States of Jersey.'
2. "World Record Rocket Launch Attempt – An Assessment of Pollution to controlled waters and Toxicity"

It is not the mandate of the Department to authorise firework displays, but it acts in an advisory capacity and also regulates and enforces in the event of contravention of relevant island legislation. In the case of the jubilee display the Department was contacted by the ornithological section of the Société Jersiaise who were concerned about disturbance to birds nesting on the rock outcrop at the castle.

A subsequent meeting was held with the Bailiff s' team, this was followed by a meeting on site at the castle including staff from Fire and Rescue, the Health and Safety Inspectorate, as well as Environment department staff. The fireworks display operators were requested by the Bailiff to prepare a risk assessment which, I would respectfully suggest to the Deputy , should a copy be required a request is made of the Bailiff s' chambers.

Further, it is understood that the Société were to undertake a pre and post display survey of the nesting sites but as this is not something that was requested by the Department, I would again respectfully advise that they should be approached directly for a copy of any subsequently drafted report.

4. DEPUTY R.J. RONDEL OF ST. HELIER OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING CONCERNS RAISED BY STATES DEPARTMENTS IN RESPECT OF THE DIAMOND JUBILEE FIREWORK DISPLAY:

Question

Would the Minister detail any concerns raised  by any States Departments prior to H.M. The Queen's Diamond Jubilee firework display on 4th June 2012 and would he undertake to provide Members with any relevant reports from any States Department (such as Environment/Health and Safety/Fire Service etc) relating to the display?

Answer

It is not the mandate of the Department to authorise firework displays, but it acts in an advisory capacity and also regulates and enforces in the event of contravention of relevant island legislation. In the case of the jubilee display, the Department was contacted by the ornithological section of the Société Jersiaise who were concerned about disturbance to birds nesting on the rock outcrop at the castle.

A subsequent meeting was held with the Bailiff s' team, This was followed by a meeting on site at the castle including staff from Fire and Rescue, the Health and Safety Inspectorate, as well as Environment department staff. The fireworks display operators were requested by the Bailiff to prepare a risk assessment which, I would respectfully suggest to the Deputy , should a copy be required a request is made of the Bailiff s' chambers.

Further, it is understood that the Société were to undertake a pre and post display survey of the nesting sites but as this is not something that was requested by the Department, I would again respectfully advise that they should be approached directly for a copy of any subsequently drafted report.

5. THE DEPUTY OF GROUVILLE OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING MEASURES TO IMPROVE AIR QUALITY ACROSS JERSEY:

Question

Setting aside the closure of the Bellozanne Incinerator, which caused considerable air pollution across the entire Island, together with the latest measures that have been put in place to alleviate the noxious aromas emanating from the green waste composting process at La Collette 2, would the Minister outline what practical measures, if any, the Transport and Technical Services Department undertakes on a regular basis to improve air quality across Jersey.

Would the Minister offer some detail in respect of practical procedures undertaken by the Department to improve air quality in the area of the Town, where slow moving traffic causes excessive exhaust gas emissions?

Answer

The States approved a Sustainable transport policy (STP) in December 2010 which aims to reduce the proportion of trips made by private car and to encourage the use of smaller lower emissions vehicles. Achieving these two aims will result in a reduction in air pollution, particularly in the town area where high volumes of motor vehicles on our narrow streets can lead to traffic congestion.

TTS has been working on several initiatives to apply the policy.

Key to reducing reliance on the private car is a better bus service. Several improvements to the network have been introduced, increasing peak hour capacity and providing better coverage to rural areas and on Sundays. 9 new bus shelters were installed in 2011 and TTS has worked with the current operator to introduce new improved vehicles, most notably the double decker buses on the route 15 to the airport. Highly significant to the continued improvement to the bus services and delivery of the STP targets is the considerable work TTS has done and is continuing to do towards appointing an operator for the new contract which commences in January 2013. A preferred bidder has been selected for the second and final stage of the tender process and negotiations are in progress to ensure that the new contract will enable the bus service to meet the requirements of the STP, including a more comprehensive island wide network, increased peak time capacity, a town service and improved school bus service. Higher bus emission standards will be a condition of the new contract.

A significant aspect of the STP is encouraging walking and cycling. The cycle route from the west into St Helier has been extended along Commercial Buildings and work is ongoing to provide a continuous cycle route through to Havre des Pas. The first stage of the eastern cycle network has been completed between Gorey Pier and Lavender Villa and work is ongoing to develop its continuation. More cycle stands have been and will be installed, particularly in the town centre. Several minor improvements to encourage walking have been completed including new crossing facilities and new sections of footpaths.

Encouraging people to make better travel choices is an important aspect of the policy and TTS is working with schools to develop travel plans and have organised 2 "green travel" awareness days to promote sustainable travel. 24 School travel plans have been completed since the programme commenced in 2011.

With regard to air pollution, it is essential that in addition to reducing the proportion of people choosing to travel by private car, the use of more environmentally friendly' cars is encouraged. TTS provides half price parking for low emissions vehicles and is introducing electric vehicles into the States fleet. The new town park is serviced by an electric pick up truck and the tender for renewal of the States car lease fleet to be renewed this year favours low emission vehicles with 10 cars to be fully electric. Plans are being progressed in conjunction with the JEC for reserved spaces and charging points for electric cars in our main town car parks.

Through its planned vehicle fleet replacement policy, all TTS owned vehicles will meet or exceed the Euro 3 vehicle emission standard by the end of 2012, with much of the fleet meeting the Euro 4 and Euro 5 standards.

Traffic flows and air quality are monitored by TTS and by the Environmental Health Department respectively and I will be publishing a progress report on the impact of the STP on these issues shortly.

In addition to these transport initiatives, the Department has installed a number of odour control units on the foul sewer system. Problems have arisen at certain pumping stations which has caused odour nuisances to nearby residents. These units pass the odorous air through biological or carbon filters. The outlet air is sampled on a monthly basis to ensure all units are working correctly.

The last unit installed was at Bonne Nuit treatment plant which is located next to the public toilets at Bonne Nuit Harbour. We have received a number of comments on how this unit has reduced all nuisance odours.

6. THE DEPUTY OF GROUVILLE OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING ROAD CLEANING ON BANK HOLIDAYS AND WEEKENDS:

Question

Could the Minister advise whether Transport and Technical Services staff using road sweeping machines worked on New Year's day, other bank holidays and Saturdays in rural parishes and, if so, why?

Answer

The Mechanised Road Sweeping section operates on a shift system that covers seven days a week, from 0600 hrs to 1700 hrs, inclusive of weekends and bank holidays excluding Christmas Day only. Operators receive a shift payment and do not receive overtime payments for working at weekends and on bank holidays as these are covered in the shift pattern.

By using this shift system the department minimises overtime costs and maximises the usage of vehicles and equipment to provide a cost efficient and effective road and pavement cleaning service for all the A, B and C class main roads across the Island.

Road cleaning schedules take into account the expected usage of roads and the resultant frequency of cleaning required. I can confirm that this will result in road cleaning taking place in rural parishes at weekends and on bank holidays.

7. THE  DEPUTY  OF GROUVILLE  OF THE  MINISTER  FOR  TRANSPORT  AND TECHNICAL SERVICES REGARDING STAFFING AND MANPOWER COSTS: Question

Further to the figures contained within  R.48/2012 (States Employment Board- Annual Report 2011)  how  many  staff  are  currently  employed  within  the  Transport  and  Technical  Services Department, how are their roles split and what is the total cost of manpower?

Answer

The actual number of staff by head count employed in the Transport and Technical Services Department contained within R.48/2012 (States Employment Board- Annual Report 2011) was 482, the total manpower costs of which was £18,623,981.42 (includes Social Security, pension, allowances, on call payments etc)

The current actual number of staff employed in the Transport and Technical Services Department end of May 2012 was 491 (following successful recruitment to some existing vacancies).

The staff roles are split as follows: Waste: 412 Municipals: 29 Engineering & Highways: 28 Transport: 22

The total manpower costs for the period Jan 2012 - May 2012 are £8,014,630.37

8. DEPUTY  M.R.  HIGGINS  OF  ST.  HELIER  OF H.M. ATTORNEY  GENERAL REGARDING LEGAL COSTS INCURRED IN RESPECT OF THE LOW VALUE CONSIGNMENT RELIEF COURT ACTION:

Question

Would the Attorney General advise members of the actual total legal costs incurred in taking the UK Government to court on the Low Value Consignment Relief issue and explain which law firms were involved, whether he will publish the itemised bills they provided for their services to the States and, if he is not willing to do so, will he advise members why not?"

Answer

It is not yet possible to give a final figure for the total costs incurred by the States as a result of the LVCR judicial review proceedings. This is because HMRC has still not presented its bill of costs, of which Jersey and Guernsey were each ordered to pay 25%.

The Jersey legal representation was undertaken by solicitors PWC Legal who instructed Leading Counsel from Brick Court Chambers and Junior Counsel from Gray's Inn Tax Chambers. The final sum payable by the States of Jersey for their services throughout totals £656,370.67. This is net of contributions from the fulfilment industry.

With reference to the last part of the question, itemised bills would not generally be published as they contain information that may be commercially sensitive to the firms and individuals involved.

9. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE COLLECTION OF VALUE ADDED TAX FOR THE UK GOVERNMENT BY JERSEY POST:

Question

Will the Minister, as the shareholder representative, advise the Assembly –

1. the current system being used by Jersey Postto collect VAT receipts from Jersey residents sending goods to the UK and the rules being applied;
2. the value of VAT receipts that have been collected to date since Jersey Post started collecting these payments for H.M. Government (HMG) ;
3. whether Jersey Post is compensated financially by HMG for the collection and, if so, what is the amount they have received;
4. whether the VAT is being charged at a standardrateof20%acrosstheboardorwhetherthere are different rates being applied to different goods; and,
5. if any goods are not subject to UK VAT and if so what they are? Answer

As the representative of the shareholder, the board of Jersey Post Limited deals with all the operational issues. Jersey Post has provided responses to the questions raised but has also confirmed that most of this information is available for everyone to see on their website and was included in the leaflet delivered to every household in early May 2012.

1. Jersey Post offers a VAT prepayment scheme approved by Her Majesty's Revenue and Customs (HMRC).The intention of the scheme is to minimise thedelaysandextracoststo Island residents and businesses causedby the need for HMRC to inspect items entering the UK to determine whether UK VAT is payable. Where VAT is due Royal Mail make a collection charge of £8 for each item.
2. Jersey Post has been collecting VAT on behalf of HMRC for a number of years on behalf of fulfilment customers dispatching productsto the UK. In 2011 £5.4 million was collected. The schemeofferedatPostOffice branches, which it is assumedthe Deputy is referringto,

was introduced on 1st April 2012 and up until 31st May £42,914 had been collected. In the case of fulfilment customers Jersey Post collected £3.2 million on behalf of HMRC for the first accounting period (effectively one month) following the withdrawal of LVCR although this is expected to reduce dramatically in the coming months.

3. Jersey Post is not currently compensated for providing this service, but intends toapproach HMRC again when the volumes and additional costs incurred have been established. Jersey Post's first priority was to minimise delays to Islanders' mail.
4. The prepayment scheme only applies to goods where VAT applies at the standard rate. This is at the insistence of HMRC who take the view (one shared by Jersey Post) that its staffare not qualified to assess whether the reduced rate is applicable.
5. VAT is an extremely complicated tax with numerous exemptions. The common items that arezero rated for VATare food, children's clothing, and some books. This was highlighted in the leaflet sent to Island households.

10. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE IMPACT OF THE LOSS OF CAR PARKING PROVISION IN THE TOWN AREA:

Question

Would the Minister state whether he has concerns that the increasing loss of parking in St. Helier (residents parking schemes, loss of parking in Tunnel Street/Gas Place area and pedestrianisation) may affect Jersey's economy by encouraging buyers to shop on-line and, if so, whether he has entered into discussions with the Connétable of St Helier, the Minister for Transport and Technical Services and others to address this problem?

Answer

As demonstrated by the recent retail survey, the retail sector faces significant challenges. As such, I have held two meetings so far to discuss issues facing the retail sector, particularly in St Helier, with the Assistant Minister for Transport and Technical Services (TTS), the Connétable of St Helier, and others including representatives from the Chamber of Commerce and the Town Centre Manager.

One outcome from this was that TTS undertook a survey of parking availability across town carparks at 10am, 12pm and 3pm on a Saturday. At all times, over 50% of parking spaces in St Helier were available. This does not mean we should be complacent, as in some areas of town there were shortages and we must address concerns members of the sector have with regard to parking. However, parking is not the only issue. We must assess this as part of a broader strategy to address the barriers preventing people coming into town and using the significant number of parking spaces that already exist in central carparks – such as Sand Street – on the most popular shopping day of the week.

I have received recommendations to address parking issues by members of the group, but these come with an associated cost to States budgets in the form of reduced revenue to TTS. As such they require further consideration to establish that they will have an incremental impact and not just reduce revenue for the same number of visitors to town. Therefore, a sub-group have undertaken to produce a broader report to address the wider issues facing retailers, such as how to encourage shoppers in the current economic climate, address the increased price sensitivities of customers and increased competition from online retailers. I expect this by the end of the month, and this will be presented to the group for consideration of next steps.

The Deputy may also wish to be aware that in addition to this, TTS have already recognised that the existing system of car park regulation and payment does not provide the flexibility that many of customers and the Department would like. To address this, TTS are trialling  new technology involving Automatic Number Recognition in the Autumn of 2012 in Sand Street car park. The proposed system will relieve the motorist of having to predict the length of their stay in advance and provide the ability to stay longer than three hours if required.

11. DEPUTYG.C.L.BAUDAINSOFST.CLEMENT OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE HEALTH IMPLICATIONS OF WIRELESS BROADBAND:

Question

Further to the response given by the Minister for Planning and Environment to my question on 12th June 2012 regarding the use of mobile phones and wireless broadband connections, would the Minister advise what research, if any, the Health and Social Services Department has carried out into possible health implications of wireless broadband and, if none, state why not?

Answer

HSSD reviews international research when considering the risk of electromagnetic radiation from these sources. There is a large body of international research carried out using data from population numbers that cannot be replicated in Jersey.

The current research advice for the use of mobile phones from the International Agency for Research on Cancer is; "there could be some risk and a close watch needs to be maintained". This advice resulted from a study of 6500 cancer cases in 13 countries.

The UK's Health Protection Agency advice on mobile phone use is; "The scientific consensus is that, apart from the increased risk of a road accident due to mobile phone use when driving, there is no clear evidence of adverse health effects from the use of mobile phones or from phone masts". And for wireless broadband is; On the basis of current evidence, the HPA does not consider there to be a problem with the safety of WLAN (wireless broadband)'.

In the case of wireless broadband the European CE standard controls the emission of electromagnetic radiation and consumers should look for this marking when buying equipment.

In Jersey, HSSD's Health Protection Service  maintains a watching brief and consults on any planning applications for new mast deployments.

12. SENATOR S.C. FERGUSON OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING LITIGATION CLAIMSAGAINST THE HEALTH AND SOCIAL SERVICES DEPARTMENT:

Question

Would the Minister provide details of the number of litigation claims made against the Health and Social Services Department over the past 10 years, identifying for each year –

1. the number of claims submitted by speciality;

2. the number of claims upheld by specialty/department;
3. the total amount paid to successful claimants by specialty/department;
4. the overall cost to administer claims each year;
5. the number of FTE staff employed to administer claims, by grade and advising the total staffing costs and to which/whose budget these costs are attributed?

What amount is covered by "insurance" if any, and would the Minister advise what insurance payments are made, including insurance cost increases by year?

Answer

1. Number of claims

Information is provided by Hospital division rather than specialty, so as not to be identifiable. In some specialities the numbers of claims are low which could result in claims/claimants being identified. Providing information by division, as opposed to by speciality, helps reduce this risk.

Information about Community and Social Services claims are provided as a total over the 10 year period in order to prevent potential identification.

2. The number of claims upheld

These figures reflect the number of claims that upheld for the year in which they were notified. Therefore, as claims often take a number of years to be settled, claims received in 2010 and 2011 will not be upheld for some time.

3. Total amount paid to successful claimants

Settlements are generally made out of Court on a confidential basis. Damages and costs are not always separated, therefore the figures provided cannot be taken to be just the damages received by the claimant, some costs may be included.

The figures are not broken down by division as the number of successful claimants in any one division may be so small as to be identifiable.

The figures show the settlement against claim in the year in which the claim was made, not the year in which the payment was made (ie. 2001 figure is settlement for a claim received in 2001 although the payment was made in a different year).

4. The overall cost to administer claims each year

The overall cost to administer claims cannot be readily determined as various aspects of the work is undertaken HSSD, in relation to the administering of claims, and by the Treasury in relation to the management of insurances.

5. The number of FTE staff to administer claims, by grade and advising the total staffing costs and to which budget these costs are attributed to?

There  is  approximately  1  FTE  equivalent,  spread  across  a  number  of  roles,  involved  in  the administration of claims within HSSD. The grades of the staff member vary as do their budget lines. These staff also undertake other roles so it is not possible to extrapolate details in relation to hours worked and costs.

6. What amount is covered by insurance

If the claim is settled by the States Insurers there is an excess applied to the policy for which HSSD is liable.

If the claim is settled by a medical indemnifying body, such as the Medical Defence Union or Medical Protection Society, there is no excess on the policy and the settlement is paid for by the indemnifying body in full with no HSSD liability.

7. Would the Minister advise what insurance payments are made, including insurance cost increases by year?

This information was provided to the States on 29th May in response to Question 6898.

13. SENATOR S.C. FERGUSON OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE COST OF OCCUPIED BEDS IN VARIOUS HOSPITAL DEPARTMENTS:

Question

Would the Minister provide Members with the annual figures for the past 10 years of the average cost per day of an occupied bed (identifying the costs included in the calculation) and average occupancy rates and average length of stay in the following units –

• Surgery
• Medicine
• Maternity
• Rehabilitation
• Mental Health Acute
• Mental Health Long Term.

Answer

1: Average cost per day of an occupied bed

The information required to answer this Question is not been collected routinely.

Different levels of staffing are required for intensive care, maternity care, high dependency care, acute care,  mental health care, residential care  and nursing care, so all these  beds have very different costs. In addition lower occupancy rates are required for unscheduled care as unscheduled care bed capacity must be available to deal with the variability of emergency demand. This also affects bed cost.

That said analysis based on data from 2010 conducted by KPMG in preparation for the HSSD Green estimated that the average cost per bed night was £235, based on direct costs of £1.7M in 2010 for a 20 bed ward. This does not include indirect costs for example; building and equipment costs.

2. Average Occupancy Rates and Average Length of Stay

HSSD cannot provide data in the format requested for the following reasons:

• it has not been collected routinely for rehabilitation, mental health acute and mental health

long term;

• data collected prior to 2011, when HSSD implemented its new TrakCare, is not sufficiently robust and cannot be readily analysed, hence KPMG focused on 2010 only. The 2010 data alone required significant analysis from varying information sources plus, prior to that analysis being undertaken a bespoke data cleansing exercise was required in respect of clinical coding in order to improve accuracy;
• the data sets collected since the introduction of TrakCare are still in the process of being

refined and hence do not lend readily themselves to this non-standard analysis.

HSSD has been very explicit about the requirement to invest in improved data and informatics; hence it is a key cross-cutting work steam in the White Paper.

Data for Medicine division and Surgery division has however been included in the States of Jersey Annual Performance Report, and is collated below from 2005 to 2009. In considering this data it is essential to understand that:

• as detailed above there are concerns about its robustness;
• the recommended bed occupancy level is 85%, to allow for cleaning and operational factors
• the figures below are yearly averages and do not reflect fluctuations in demand. Demand can be  affected  by  seasonal  variations,  bed  closures  related  to  infection  control  and  other operational factors. Levels of demand therefore fluctuate quickly, for example if a snapshot of recent data is taken, in June 2011 bed occupancy on Plemont medical ward was 82% (within the 85% recommended rate) but by July 2011 it had risen to 99%.

In the technical documents that support the Green Paper, KMPG clearly stated that JGH was running out of bed capacity. Through an analysis of 2010 occupancy rates, plus projections related to populated changes they concluded that:

• an additional 20 medical beds would be required by 2015 to cope with activity and a further 40 beds would be needed to cope with the activity projected in 2040;
• a similar rise was not required in surgical beds where peak demand in June and July was below the 85% occupancy (note: however that lack of available data meant KMPG was unable to assess demand created by medical patients placed in surgical beds because of lack of medical bed capacity).

14. SENATOR  S.C. FERGUSON  OF THE  MINISTER  FOR  TREASURYAND RESOURCES REGARDING THE PROGRESS OF GIGABIT JERSEY:

Question

Would the Minister as the representative of the shareholder, inform Members what the progress is on Gigabit Jersey?

1. How many users are now on the system?
2. What is the estimated time to complete the cabling for the Island and what is the estimate of time to get Gigabit Jersey into every home?
3. What is the up to date estimate of costs to completion?

Answer

The Minister is pleased to note that Gigabit Jersey will form part of the update that JT will be providing to States members on 2 July. In the meantime, here are the answers to the Senator's specific questions:

1. There are currently more than 400 homes connected to the Gigabit Jersey network (410on the 18th June; 450 expected by 26th June).

The expectation is to have 2,000 customers connected by the end of August, after which connections will increase to 2,000 a month. This work will be done by a group of newly trained staff, recruited by JT with support from the States' Back to Work team.

2. There are two aspects to the cabling: Homes Passed and Homes Connected.

Homes Passed refers to the running of the fibre across the Island, to within 10 to 100 metres of each home. JT aims to complete this by the end of 2012 which is well ahead of schedule.

Homes Connected provides the physical connection from the Homes Passed fibre into the customer's premises. As this work requires access to all residential premises the original timescale was estimated at 5 years to complete. JT is optimistic that this will be done one or two years ahead of schedule.

3. JT recently re-ran the costs model from a zero base. It is pleasing to note that the total cost remains at the original budget of £41.5m.

15. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE NEW £100 NOTE:

Question

Would the Minister update members regarding the recent £100 note, namely:

1. how many were printed,
2. how many expression of interest were received,
3. how many have been issued (sold) to date?

Answer

1. 100,000 £100 notes were produced. This was the minimum print run which could be ordered.
2. Approximately 3,700 expressions of interest were received from collectors before the week ofthe launch.
3. 5,440 notes have been issued (sold) to date i.e. notes with a face value totalling £544,000.

16. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE ENERGY FROM WASTE PLANT:

Question

Will the Minister advise members whether the contract for the Energy from Waste Plant has been completed and the Plant is now being fully operated by the Department and, if not, provide details why it has not?

If the contract has not been completed, would the Minister advise -

1. the estimated completion date;
2. the cost of the contract to date;
3. the estimated cost of completing the Plant and who, and in what proportion, will be liable for these costs?

If the contract has been completed, would the Minister advise -

1. the final cost of the project to date;
2. the final cost of failing to hedge the contract?
3. the amount ofwaste incinerated to date together with a monthly breakdown from start to date?
4. the amount of electricity that has been generated to date and the quantity and value ofthat electricity that has been sold to the JEC?
5. the current status of landscaping on the site?

Answer

The new Energy from Waste plant at La Collette has processed all of the Island's municipal waste since the 24th December 2010.

The Energy from Waste plant achieved "Take Over" on the 29th July 2011. From this date the plant was handed over by the design and build contractor, CSBC (Jersey) Limited to the States of Jersey. Since the 29th July 2011 the Energy from Waste Plant has been operated by the Transport and Technical Services Department.

The contract between CSBC (Jersey) Limited and the Minister for Transport and Technical Services is not yet completed as there are two further Miles tones for the contractor to achieve.

1. Issue of Performance Test Certificate. The performance tests are underway and are due to be completed by the end of June 2012.
2. 1st Anniversary of Performance Test Certificate. This is an extended availability test and lasts for 365 days following the completion and certification of the performance tests.

If the contract has not been completed, would the Minister advise -

1. the estimated completion date;

It is anticipated the contract will be complete by the end of June 2014.

2. the cost of the contract to date;

The cost, paid to date for the Energy from Waste Contract 14th November 2008, is £99,414,332.

3. the estimated cost of completing the Plant and who, and in what proportion, will be liable for these costs?

The cost to completion of the Energy from Waste Contract is £104,897,048. Providing that the performance tests and availability tests are passed in accordance with the Energy from Waste contract,  the  Transport  and  Technical  Services  Department  will  be  liable  for  the  remaining £5,482,715 costs as these costs form part of the original contract sums which were agreed to in the Energy from Waste Contract of the 14th November 2008.

If the contract has been completed, would the Minister advise –

1. the final cost of the project to date;

As the project is not yet complete the Minister is unable to provide the full and final cost for the project.

2. the final cost of failing to hedge the contract?

As the project is not yet complete the Minister is unable to provide the final cost of failing to hedge the contract.

3. the amount ofwaste incinerated to date together with a monthly breakdown fromstart to date?
4. the amount of electricity that has been generated to date and the quantity and value ofthat electricity that has been sold to the JEC?

Whilst the project is not yet complete the Minister can provide up to date waste tonnages and electricity exported to the JEC.

The unit value of the electricity exported to the JEC is based on the European power markets and is reviewed on an annual basis. This value is subject to a commercial agreement between the Jersey Electricity Company and the Minister for Transport and Technical Services and The Minister for Treasury and Resources.

5. the current status of landscaping on the site?

The Eastern landscape mound has been profiled and planted. The growth is being monitored and where necessary new plants and trees will be put in to replace those that failed to establish themselves.

17. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE DELEGATION OF POWERS IN RESPECT OF PLANNING APPLICATIONS:

Question

Will the Minister advise Members, with regard to planning applications:

1. (a) the powers of, and relationship between, the Minister,the Planning Applications Panel and the delegated powers of his officers, and
   2. the circumstances in which one may overrule or vary the decisions of the others.
2. The procedure(s)adoptedwhenthe Planning Applications Panelrejectsan application which is subsequently resubmitted to the Department and which

1. has successfully met all the objections of the Panel;
2. has successfully met some ofthe objections of the Panel.

3. The nature and extent of the powers that have been delegated to officers?

Answer

1. (a) The Minister has delegated functions conferred upon or vested in him by virtue of the power conferred on him by Article 28(1) oftheStatesof Jersey Law 2005 and article 9Aof the Planning and Building (Jersey) Law2002,assetoutintheSchemeof Delegation for the Minister for Planning and Environment. Those parts ofthe Scheme of Delegation relating to Planning and Building servicesare included in Appendix 1 below.

In December 2011, the Minister approved an updated Determination of Planning Applications: Code of Conduct for Minister for Planning and Environment.  The code of conduct ensures that there is a clear framework in place that indicates when the Minister might become involved in the consideration of individual development proposals. This framework assists the Minister, States Members, members of the public and Officers in understanding in what circumstances the Minister might become involved in considering development proposals. The code of conduct is published on the States of Jersey website.

The Planning and Applications Panel (PAP) also work against an approved code of conduct.

(b) (i) An application refused by the Department under delegated powers may be reviewed by the Planning Applications Panel if the applicant requests reconsideration.

2. A decision ofthePlanning Application Panelmay be reviewed by the Minister if it is contrary to Department Advice.
3. A decision of the Minister cannot be reviewed, unless the Minister himself chooses to revoke a permission using his powers under Article 27of the Planning and Building (Jersey) Law 2002.

2. There are no particular procedures set out for the examples quoted in the Deputy 's question. Each new application is fully assessed based on its merits and the material considerations which apply to it at that time, notably the 2011 Island Plan.
3. Please refer to the answer given to question 1 (a) above.

Appendix 1