States Meeting Transcript - 29th May 2012

STATES OF JERSEY

OFFICIAL REPORT

TUESDAY, 29th MAY 2012

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

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

1. DEPUTY S.S.P.A. POWER OF ST. BRELADE OF THE MINISTER FOR HOME AFFAIRS REGARDING THE DEPLOYMENT OF CUSTOMS OFFICERS:..........8
2. CONNÉTABLE OF ST. JOHN OF THE CHIEF MINISTER REGARDING INWARD MIGRATION:...........................................................................9
3. THE CONNÉTABLE OF ST. JOHN OF THE CHAIRMAN OF THE JERSEY OVERSEAS AID COMMISSION REGARDING FUNDING FOR DURRELL:.......11
4. DEPUTY J.M. MAÇON OF ST. SAVIOUR OF THE CHIEF MINISTER REGARDING

THE HISTORIC CHILD ABUSE INQUIRY'S TERMS OF REFERENCE:...........14

5. DEPUTY J.M. MAÇON OF ST. SAVIOUR OF THE MINISTER FOR HOME AFFAIRS REGARDING THE POTENTIAL MERGER OF THE CUSTOMS AND IMMIGRATION INTELLIGENCE SECTION AND THE STATES OF JERSEY POLICE: ...............................................................................14
6. THE DEPUTY OF GROUVILLE OF THE MINISTER FOR SOCIAL SECURITY REGARDING ACCESS TO THE SOCIAL SECURITY BENEFITS SYSTEM:.......15
7. THE DEPUTY OF GROUVILLE OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE ALLOCATION OF SURPLUS FUNDS:..........16
8. TO THE CHIEF MINISTER BY DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT....17
9. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING RESTRUCTURING THE PUBLIC SECTOR:..............................................................................18
10. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE HUMAN RIGHTS AUDIT OF PROCEDURES AT THE PLANNING DEPARTMENT:..............................18
11. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING RECOMMENDATIONS MADE IN REG'S SKIPS COMMITTEE OF INQUIRY REPORT:........................................20
12. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE PUBLICATION OF A HOSPITALITY, GIFTS AND EXPENSES REGISTER AND LIST OF EXTERNAL MEETINGS UNDERTAKEN BY HIM AND HIS ASSISTANT MINISTERS:............................................................21

14. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE COST OF MEDICAL INSURANCE:......22
15. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING A BREAKDOWN OF COSTS FOR TEMPORARY WORKERS:............................................................................23

16. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE TAXING OF NON-FINANCE, NON- LOCALLY OWNED BUSINESSES:..................................................25
17. TO THE MINISTER FOR EDUCATION, SPORT AND CULTURE BY DEPUTY G.P. SOUTHERN OF ST. HELIER .........................................................26
18. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING EMPLOYEES ON ZERO HOURS' CONTRACTS:.........................................................................27 Question......................................................................................27
19. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING TAX INFORMATION EXCHANGE AGREEMENTS:.......................................................................28
20. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE NUMBER OF COMPLAINTS RECEIVED BY THE DEPARTMENT BETWEEN 2006 TO 2011:.....................................29
21. WRITTEN QUESTION TO THE MINISTER FOR PLANNING AND ENVIRONMENT BY DEPUTY J.H. YOUNG OF ST. BRELADE .......................................35

2. Oral Questions...........................................................................38

1. Connétable A.S. Crowcroft of St. Helier of the Minister for Treasury and Resources regarding the provision of a new police station at the Green Street roundabout:........39 Deputy E.J. Noel of St. Lawrence (Assistant Minister for Treasury and Resources - rapporteur):.............................................................................39

1. The Connétable of St. Helier:...........................................................39
2. Deputy J.A. Martin of St. Helier:.......................................................39
3. Deputy M.R. Higgins of St. Helier:.....................................................39
4. Connétable P.J. Rondel of St. John : ....................................................40

5. Deputy J.H. Young of St. Brelade:......................................................40
6. The Connétable of St. Helier:...........................................................41

2. Deputy J.H. Young of the Minister for Treasury and Resources regarding the provisionof affordable homes from each of the 5 States-owned sites identified in the Island Plan in June 2011:..............................................................................41 Deputy E.J. Noel (Assistant Minister for Treasury and Resources - rapporteur):..............41

1. Deputy J.H. Young:....................................................................42
2. Deputy S. Power of St. Brelade : ........................................................42
   3. Deputy R.G. Le Hérissier of St. Saviour to the Minister for Home Affairs regarding the control and/or influence the Minister had over those voluntary organisations in receipt of States funds:............................................................................43 Senator B.I. Le Marquand (The Minister for Home Affairs): .................................43

1. Deputy R.G. Le Hérissier: ..............................................................43
2. Deputy R.G. Le Hérissier: ..............................................................43

4. Deputy S. Power of the Minister for Treasury and Resources regarding the fibre optic Gigabit Jersey technology:..............................................................44 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................44

1. Deputy S.Power:.......................................................................44
2. Deputy J.M. Maçon of St. Saviour:.....................................................44
3. Deputy G.P. Southern of St. Helier:....................................................45
4. The Connétable of St. John:............................................................45
5. Deputy S.Power:.......................................................................45

5. Deputy G.P. Southern of the Minister for Social Security regarding those Income Support recipients classified at level 3 impairment:.....................................46 Senator F. du H. Le Gresley (The Minister for Social Security): ..............................46

1. Deputy G.P. Southern :..................................................................46
2. Deputy G.P. Southern :..................................................................47
3. Deputy G.P. Southern :..................................................................47

6. Deputy M.R. Higgins of the Minister for Economic Development regarding the Jersey Competition Regulatory Authority's public criticism of Jersey Telecom's 4G adverts:.47 Senator A.J.H. Maclean (The Minister for Economic Development):.........................47

1. Deputy M.R.Higgins:..................................................................48
2. Deputy G.P. Southern :..................................................................48
3. Deputy G.P. Southern :..................................................................48
4. Deputy G.C.L. Baudains:...............................................................48
5. Deputy M.R.Higgins:..................................................................48

7. Deputy T.M. Pitman of St. Helier of the Minister for Treasury and Resources regarding the findings and criticisms within the Comptroller and Auditor General's report into the Lime Grove House acquisition:.........................................................49 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................49

1. Deputy T.M.Pitman:...................................................................49
2. Deputy M.R.Higgins:..................................................................50
3. Deputy M.R.Higgins:..................................................................50
4. Deputy J.A.N. Le Fondré of St. Lawrence : .............................................50
5. Deputy J.A.N. Le Fondré:..............................................................51
6. Deputy G.P. Southern :..................................................................51
7. Deputy G.P. Southern :..................................................................51
8. Senator S.C. Ferguson:.................................................................51
9. Senator S.C. Ferguson:.................................................................52

10. Deputy J.H. Young: .................................................................52
11. Deputy T.M.Pitman:................................................................53

8. Deputy J.M. Maçon of the Chief Minister regarding the consultation process associated with the terms of reference of the Committee of Inquiry into historical child abuse:....53 Senator I.J. Gorst (The Chief Minister):......................................................53

1. Deputy J.M. Maçon:....................................................................53
2. Deputy R.G. Le Hérissier: ..............................................................54
3. Deputy R.G. Le Hérissier: ..............................................................54
4. Deputy T.M.Pitman:...................................................................54
5. Deputy J.M. Maçon:....................................................................55

9. Deputy G.C.L. Baudains of St. Clement of the Minister for Housing regarding an alternative to the States Loan Scheme:..................................................55 Deputy A.K.F. Green of St. Helier (The Minister for Housing):..............................55

1. Deputy G.C.L. Baudains:...............................................................55
2. Deputy G.P. Southern :..................................................................56
3. Senator L.J. Farnham :..................................................................56
4. Deputy G.C.L. Baudains:...............................................................56

10. Deputy R.J. Rondel of St. Helier of the Minister for Treasury and Resources regarding the adoption of an opt-in' service for access to over-18 sites by Jersey Telecom:......57 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................57

1. Deputy R.J. Rondel:.................................................................57
2. Deputy T.M.Pitman:................................................................57

11. Deputy T.M. Pitman of the Chairman of the Privileges and Procedures Committee regarding citizens' media sites' access to information:..................................58 The Connétable of St. Helier (Chairman, Privileges and Procedures Committee):............58

1. Deputy T.M.Pitman:................................................................58
2. Deputy T.M.Pitman:................................................................59
3. Deputy J.A. Hilton of St. Helier : ....................................................59
4. Deputy R.G. Le Hérissier:...........................................................59
5. Deputy T.M.Pitman:................................................................59

12. Deputy R.G. Le Hérissier of the Minister for Treasury and Resources regarding Double Taxation Agreements with France and Canada: ........................................60 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................60

2.12.1 Deputy T.M. Pitman:................................................................60

13. Deputy G.P. Southern of the Minister for Economic Development regarding the tax status of new businesses which have set up in Jersey in the last 4 years in sectors such as oil, gas and mining: ....................................................................60 Senator A.J.H. Maclean (The Minister for Economic Development):.........................61

1. Deputy G.P. Southern : ..............................................................61
2. Senator L.J. Farnham : ...............................................................61
3. Deputy J.G. Reed of St. Ouen : ......................................................61
4. Deputy G.P. Southern : ..............................................................62
5. Deputy G.P. Southern : ..............................................................62

14. Deputy S. Power of the Minister for Treasury and Resources regarding the number of houses involved in the test or pilot scheme in the La Moye area for Gigabit Jersey:....62 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................63

1. Deputy S.Power:....................................................................63
2. Deputy S.Power:....................................................................63

15. Deputy G.C.L. Baudains of the Minister for Planning and Environment regarding the consultation undertaken before publishing planning applications on-line: ..............64 Deputy R.C. Duhamel of St. Saviour (The Minister for Planning and Environment):.........64

1. Deputy G.C.L. Baudains: ............................................................64
2. Connétable S.W. Pallett of St. Brelade : ..............................................64
3. Senator L.J. Farnham : ...............................................................64
4. Connétable J. Gallichan of St. Mary:................................................65
5. Deputy G.C.L. Baudains: ............................................................65

16. Deputy M.R. Higgins of the Minister for Economic Development regarding a joint Financial Services Ombudsman with Guernsey: ........................................65 Senator A.J.H. Maclean (The Minister for Economic Development):.........................65

1. Deputy M.R.Higgins:...............................................................66
2. Deputy M.R.Higgins:...............................................................66
3. Deputy M.R.Higgins:...............................................................66
4. Senator L.J. Farnham : ...............................................................66
5. Senator F. du H. Le Gresley:........................................................66

3. Questions to Ministers without notice - The Minister for Health and Social Services 67

1. Deputy G.P. Southern :..................................................................67 Deputy A.E. Pryke of Trinity (The Minister for Health and Social Services):.................67

1. Deputy G.P. Southern :..................................................................67
   2. Deputy S.Power:.......................................................................67
   3. Deputy M.R.Higgins:..................................................................68

3.3.1 Deputy M.R. Higgins:..................................................................68

4. Deputy S. Pinel of St. Clement : ........................................................68
5. Connétable D.W. Mezbourian of St. Lawrence:........................................69
6. Deputy J.M. Maçon:....................................................................69
7. Senator L.J. Farnham :..................................................................70
8. The Deputy of St. Ouen:................................................................70
9. Deputy M.R.Higgins:..................................................................70
10. Senator S.C. Ferguson:.................................................................70

3.10.1 Senator S.C. Ferguson:..............................................................71

4. Questions to Ministers without notice - The Minister for Planning and Environment ...........................................................................................71

1. Deputy S.G. Luce of St. Martin : ........................................................71 Deputy R.C. Duhamel (The Minister for Planning and Environment): ........................71
2. The Connétable of St. Helier:...........................................................71

4.2.1 The Connétable of St. Helier:...........................................................72

3. Deputy T.M.Pitman:...................................................................72
4. The Connétable of St. Lawrence:.......................................................72

4.4.1 The Connétable of St. Lawrence:.......................................................72

5. Deputy J.H. Young:....................................................................73

4.5.1 Deputy J.H. Young:....................................................................73

6. The Deputy of St. Martin:..............................................................73

4.6.1 The Deputy of St. Martin:..............................................................74

7. The Connétable of St. Helier:...........................................................74
8. Deputy J.H. Young:....................................................................74
9. Deputy S.Power:.......................................................................75

PUBLIC BUSINESS.............................................................................75

5. Open Ballot for Ministers and Chairmen (P.188/2011)................................75

5.1 Deputy T.M. Pitman:...................................................................75

1. Deputy J.A. Martin:....................................................................77
2. Senator P.M. Bailhache : ................................................................78
3. Senator S.C. Ferguson:.................................................................79
4. Senator L.J. Farnham :..................................................................80
5. Senator P.F.C. Ozouf :..................................................................80
6. Connétable J.M. Refault of St. Peter:...................................................81
7. Deputy E.J. Noel: ......................................................................81

8. Deputy J.A.N. Le Fondré:..............................................................81
9. Deputy J.H. Young:....................................................................81
10. Deputy G.P. Southern : ..............................................................81
11. Deputy J.P.G. Baker of St. Helier:...................................................82
12. The Connétable of St. John : .........................................................83
13. Senator P.F. Routier:................................................................84
14. Deputy M.R.Higgins:...............................................................84
15. Deputy T.M.Pitman:................................................................85

LUNCHEON ADJOURNMENT PROPOSED..................................................87 LUNCHEON ADJOURNMENT................................................................88 STATEMENT ON A MATTER OF OFFICIAL RESPONSIBILITY.........................88

6. Statement by the Chief Minister re structural deficiency and a more rigorous code of conduct for Ministers....................................................................88

6.1 Senator I.J. Gorst (The Chief Minister):................................................88

1. Deputy G.P. Southern :..................................................................90
2. Senator S.C. Ferguson:.................................................................90
3. Deputy J.A.N. Le Fondré:..............................................................91
4. The Connétable of St. John:............................................................91
5. Deputy T.A. Vallois of St. Saviour:....................................................91
6. Deputy R.G. Le Hérissier: ..............................................................91
7. The Connétable of St. Lawrence:.......................................................92
8. Deputy E.J. Noel: ......................................................................92

PUBLIC BUSINESS - resumption..............................................................93

7. Draft Money Laundering and Weapons Development (Directions) (Amendment) (Jersey) Law 201- (P.41/2012)...........................................................93

1. Senator P.M. Bailhache (Assistant Chief Minister - rapporteur):........................93

1. Deputy J.H. Young:....................................................................93
2. Senator P.M. Bailhache : ................................................................94 Senator S.C. Ferguson (Chairman, Corporate Services Scrutiny Panel):......................94

2. Senator P.M. Bailhache : ................................................................94

1. Deputy M.R.Higgins:..................................................................94
2. Senator P.M. Bailhache : ................................................................94

8. Social Housing Schemes: funding (P.40/2012) ..........................................95

8.1 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):......................95

1. Deputy P.J.D. Ryan of St. John:........................................................97
2. Deputy J.H. Young:....................................................................97
3. The Deputy of St. Martin:..............................................................98
4. The Deputy of St. Ouen:................................................................98
5. Deputy M.R.Higgins:..................................................................99
6. Deputy G.P. Southern :..................................................................99
7. Senator S.C. Ferguson:................................................................100
8. Deputy T.A. Vallois: ..................................................................102
9. Deputy C.F. Labey of Grouville :......................................................103
10. Deputy A.K.F. Green:..............................................................103
11. Deputy T.M.Pitman:...............................................................106
12. Senator L.J. Farnham : ..............................................................106
13. Deputy S.Power:..................................................................107
14. Senator F. du H. Le Gresley:.......................................................108
15. Deputy R.C. Duhamel:.............................................................109
16. Deputy R.G. Le Hérissier:..........................................................110
17. Deputy E.J. Noel:..................................................................111
18. The Connétable of St. Peter:........................................................112
19. The Deputy of Trinity : .............................................................112
20. Senator P.F.C. Ozouf : ..............................................................112

9. Draft Collective Investment Funds (Amendment and Validation) (Jersey) Law 201- (P.42/2012)..............................................................................118

1. Senator A.J.H. Maclean (The Minister for Economic Development):..................118

2. Senator A.J.H. Maclean:..............................................................120

1. Deputy M.R.Higgins:.................................................................120
2. Deputy J.H. Young:...................................................................120
3. Senator A.J.H. Maclean:..............................................................120

10. Draft Amendment (No. 19) of the Standing Orders of the States of Jersey (P.43/2012) ..........................................................................................121

10.1 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):....................121

11. Jersey Employment Tribunal: appointment of Chairman and Deputy Chairman (P.45/2012)..............................................................................122

11.1 Senator F. du H. Le Gresley (The Minister for Social Security): ......................122

1. Deputy R.G. Le Hérissier:..........................................................123
2. Senator P.F. Routier:...............................................................123
3. Senator F. du H. Le Gresley:.......................................................123

ARRANGEMENT OF PUBLIC BUSINESS FOR FUTURE MEETINGS ..................125

12. The Connétable of St. Helier (Chairman, Privileges and Procedures Committee):.....125

1. Deputy G.P. Southern :................................................................125
2. Senator L.J. Farnham :.................................................................125
3. Deputy M.R.Higgins:.................................................................125
4. Senator I.J. Gorst :.....................................................................125

ADJOURNMENT..............................................................................127

[9:30]

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

QUESTIONS

1.Written Questions

1. DEPUTY S.S.P.A. POWER OF ST. BRELADE OF THE MINISTER FOR HOME AFFAIRS REGARDING THE DEPLOYMENT OF CUSTOMS OFFICERS:

Question

Can the Minster confirm whether a shift in deployment by Customs officers has been authorized to focus on the smuggling of tobacco and alcohol and, if so, whether this deployment has had a residual effect on drug detection and seizure?

Can he advise whether this change of officer deployment has occurred because of a request by the Treasury for greater emphasis on revenue recovery at the Harbours and Airport?

Answer

a) There has not been a shift in deployment by the Customs and Immigration Service to concentrate on tobacco and alcohol smuggling. The prevention of drugs remains a priority and I know that the Head of the Service will continue to ensure that this aspect of its work is given the closest attention. However the Service does have other important responsibilities at the borders - including the prevention of illegal immigration, the control of prohibited and restricted goods such as firearms and endangered species, and, as the Deputy alludes to, the prevention of duty evasion on goods liable to Impôts and GST.

Unfortunately the Service has seen a marked increase in the amount of people coming into Jersey who are clearly and openly in excess of their duty free allowance. Blatant attempts to exceed the allowance cannot and should not be simply ignored for the following very good reasons:

1. it is against the law and the Service is charged with upholding the Customs laws;
2. it will represent a loss of revenue for the States and while an extra 200 cigarettes here and there is not significant it will mount up if everybody is abusing the allowance; and
3. there must be a responsibility to local retailers(and their customers whoarepayingthe local duty) not to turn a blindeyeto this type ofdutyevasionwhich is, in effect, unfair competition.

Clearly, if Officers are engaged in managing these duty evasions they cannot at the same time be catching drugs smugglers but this does not mean that there has been a change of emphasis in Service priorities. It is not possible to quantify the effect in relation to drugs seizures. It follows from the above that there has been no Ministerial decision to shift deployment. I view this as a normal operational matter within the remit of the Service. I was informed of the increased incidents in relation to exceeding the duty free allowance some time ago. The problem is partly caused by Duty Free outlets who aggressively promote their products including packs of 400 or even 1,000 cigarettes, which are in excess of the duty free limits. The Customs and Immigration Service has written to all the relevant outlets reminding them of the duty free allowances into the Island and asking them to notify their customers of them. Some outlets have clearly taken the message on board as part of their responsibilities to their customers, but others appear not to be so diligent.

(b) The Treasury has not requested the Service to place greater emphasis on revenue recovery at the border controls.

2. CONNÉTABLE OF ST. JOHN OF THE CHIEF MINISTER REGARDING INWARD MIGRATION:

Question

Can the Chief Minister, given his responsibility for migration issues, provide a monthly breakdown showing how many people have arrived in Jersey to work in the Island over the last 36 months who are not residentially qualified, but applied for and received a social security card?

Can the Chief Minister provide a detailed  monthly breakdown of the number of residentially qualified people that have been registered as unemployed over the same period?

Answer

Residential qualifications are determined under the Housing Law and are administered by the Population Office. The Social Security Department does not hold information on residential qualifications. It will not be until the new Control of Housing and Work legislation is in place and operational that information like that requested by the Connétable will be known.

The Social Security Department can, however, provide details of the registrations as shown in the attached tables which are recorded by nationality as opposed to residential status. Every individual is legally required to register with the Social Security Department as soon as they start work, or if they are not working for an employer, once they have been resident in the island for a period of 6 months.

The Social Security Department is now registering children at birth, or soon after, and therefore figures include children born in Jersey.

The Statistics provided by the Social Security Department (April 2009 – April 2012) are as follows:

Table 1 - New Registrations provides details of individuals who have registered for the first time in Jersey.

Table 2 – Re-registrations provides details of individuals who were registered previously, have left the island, then returned to Jersey and re-registered.

Please note:

• Individuals registered as British nationals include Jersey nationals
• All categories include both children and adults
• The November 2009 re-registration monthly report is incomplete and the full report is not accessible in the time available to answer this question

Table 1 Table 2

Numbers Actively Seeking Work:

The Statistics Unit have reported the unemployment figures since January 2010. As above, this information is not recorded by residential qualifications. The information, however, is recorded by nationality. Under the new Control of Housing and Work Law, this information will be available by residential status.

The table below provides details from the Statistics Unit of the number of individuals actively seeking work for the period 2010 to date:

3. THE  CONNÉTABLE  OF  ST.  JOHN  OF  THE  CHAIRMAN  OF  THE  JERSEY OVERSEAS AID COMMISSION REGARDING FUNDING FOR DURRELL: Question

Will the Chairman confirm whether the principle of the Overseas Aid fund is to help the many people who are poor and needy across the world suffering from famine, drought, storm and other perils?

Can he advise whether funds have been given to Durrell and, if so, how this relates to the principles of Overseas Aid, particularly as the Trust has received States funding from the Tourism Development and Fiscal Stimulus Funds?

Will the Chairman consider bringing this year's list of charitable donations to the Assembly for endorsement?

Answer

JOAC's strategy is driven by a clear mission that it is committed to joining with others in reducing poverty in poorer countries by making a sustained contribution towards the provision of basic health care, medical care, effective education, safe drinking water and sanitation projects to assist self sufficiency and food security and emergency and humanitarian needs. The Commission currently gives preference to projects located in countries in Africa, Latin America or South-East Asia which fall within the bottom 50 countries on the current Human Development Index.

Durrell 2012 Projects Supported by JOAC

The Commission is supporting three projects this year with Durrell. All are located in Madagascar which is ranked by the United Nations Development Programme as a country within the lowest human development, with a GDP per capita of £172. 70% live in rural areas on less than $2 per day and 55% of the population without sustainable access to an improved water source. All projects supported are providing the means and skills to adapt the use of natural resources to maintain future productivity to improve health, access to education and clean water.

Information on the individual projects is noted below: Project One - £29,200

Baly Bay is an isolated area where people live in small scattered villages relying on subsistence agriculture, cattle herding and small-scale artisanal fishing, while using small remaining patches of native forest and raffia forests for weaving, construction and fuel wood. Durrell links its community work with the villages surrounding the Baly Bay National Park with the conservation of the critically endangered ploughshare tortoise species and its habitat with the main issues to be addressed in the region of lack of food security, high illiteracy, lack of fresh water, and the marginalisation of women.

Cattle are predominant across the extensive savannahs that surround Baly Bay. Despite its importance cattle farming remains mostly non commercial. JOAC is supporting vaccination programmes to both improve animal productivity and increase the market value of the animals (non-vaccinated animals cannot be legally sold so they fetch a lower price in the non commercial sector). As a result of a national lack of knowledge of modern equipment, intensive agricultural training is being provided with a proposed focus in agricultural technology'. Additionally raphia weaving will act as an important income to women's groups.

All proposed activities are aimed at long term implementation. Both the cattle and raffia activities will establish markets and outputs that should be financially viable well beyond the project period.

Project Two - £30,000

Lake Alaotra is located in the North-east of Madagascar approximately 120km from the capital Antananarivo. The Alaotra region is the breadbasket of the country and supports a population of over 500,000. Water resources have been greatly reduced from climate change and over- exploitation and habitats are being degraded. As a result food and fibre resources are being diminished and a rapidly increasing pressure has been placed on remaining natural habitats. The government is trying to address these pressures by increasing the sustainability of food production primarily through agro-ecology.

This project supports and expands the government's efforts to mitigate these pressures through small-scale agro-ecology and fishery initiatives in villages around the lake. Lake Alaotra covers an area of 1,000 km2 and is a wildlife refuge of global importance. The area is Madagascar's most important rice growing zone and one of the largest inland fisheries. Sustaining over 500,000 people for food, fuel, building materials and income, both the biodiversity and the productivity of the lake are threatened by over-fishing, siltation, invasive exotic plants and marsh degradation.

The project will focus on support to fish farming, small-scale vegetable gardens, poultry farming and continued support to primary education. The local fisheries services has started a new policy to encourage small-scale fish farming (carp) and JOAC funded activities in 2009 and 2010 have already shown the potential for this approach. The project will provide additional training and equipment to fish farming to increase yields and income, while reducing pressure on native fish stocks. The provision of materials and training for small-scale garden produce, chickens and geese is aimed at improving diets and supplement incomes, as well as providing direct support to local women, a marginalised group, as they are primarily involved with small-scale enterprises. Further support is being given to local women towards developing weaving products, especially to improve product quality and the development of markets for the products. Additionally Durrell is able to continue to support the development of local  schools that were started with JOAC's support. Having focussed on walls and roofs' Durrell is installing cement floors as well as supporting the development of school kitchen gardens, both to start agro-ecology at the grassroots and also to provide food supplements for school meals is being implemented.

Project Three - £27,000

Durrell has been active in the Marolambo area since 2003, drawn to the site because it still harbours a remarkable native fish fauna, with 19 species endemic to Madagascar of 3 which are not even found anywhere else in the country. Madagascar is renowned for its exceptional diversity of plants and wildlife, which is increasingly threatened by the progressive degradation of the native forest and wetland habitats. Durrell has been very well received in the Marolambo area and villagers along the Nosivolo river have already developed local initiatives demonstrating their commitment to work together to maintain the quality of the river habitat. They were particularly concerned about the decline in catches of fish which is an important source of protein and are also interested in conserving their endemic fish. Measures already adopted include a closed fishing period during the spawning season and planting vegetation along river banks as protection from erosion and sedimentation. They have created associations in 80 villages, organised into 19 Federations that cover the 130 km along the river.

In 2007 through previous JOAC assistance, development aid concentrated on organising a major treatment campaign to reduce the parasitic water-borne disease schistosomiasis, and to support agricultural and school projects in 23 villages. In 2012 Durrell is continuing to support this through the establishment of piped water to schools and their villages as diarrhoea is a chronic ailment in the riverside villages from drinking the river water.

The decisions of the Commission will not be presented to the Assembly for endorsement as it was the Assembly who endorsed the Jersey Overseas Aid Commission (Jersey) Law 2005 (P.14/2005) its approval for the Commission to manage and administer the monies voted annually by the States of Jersey for overseas aid.

4. DEPUTY J.M. MAÇON OF ST. SAVIOUR OF THE CHIEF MINISTER REGARDING THE HISTORIC CHILD ABUSE INQUIRY'S TERMS OF REFERENCE:

Question

Will the Chief Minister advise when the Terms of Reference of the Committee of Inquiry into historic child abuse will be lodged for consideration by the Assembly and advise what impediments, if any, there have been?

Can the Chief Minister explain what consultation, if any, there has been with interested groups, such as the Jersey Care Leavers Association, regarding the formulation of the Terms of Reference of the Committee of Inquiry into Historic Child Abuse?

Answer

I have undertaken to submit the Terms of Reference for the Committee of Inquiry into the Historic Childcare Abuse to the States. There is a clear commitment for a Committee of Inquiry to provide help with closure of this difficult and long- running period in the Island's history.

It has been important to develop clear terms of reference that will be effective and provide help with closure, but not subjecting witnesses to the potential of undue cross examination in a Committee of Inquiry which would result in all parties having to receive legal representation. This has required careful consideration of the original terms of reference before being submitted to the States for approval.

In the light of requests I will be arranging to brief the Jersey Care Leavers' Association and other interested parties on the final terms of reference and I will consider any feedback from those groups before submitting them to the Assembly for approval. This consultation will inevitably delay the date of a States debate.

5. DEPUTY J.M. MAÇON OF ST. SAVIOUR OF THE MINISTER FOR HOME AFFAIRS REGARDING THE POTENTIAL MERGER OF THE CUSTOMS AND IMMIGRATION INTELLIGENCE SECTION AND THE STATES OF JERSEY POLICE:

Question

Could the Minister explain what consideration, if any, has been given to merging the Customs and Immigration intelligence section with that of the States of Jersey Police?

Would the Minister explain the reasons for continuing with the current situation whereby each Department has separate intelligence units and detail the cost and staffing levels of both?

Answer

I believe that the maintenance of two separate law enforcement agencies with separate links and sources of information is an important advantage and is one of the reasons for the comparative success of the Island in disrupting the supply of illegal drugs and consequently maintaining the current high prices in the Island for such drugs.

However, this issue was considered as part of the Comprehensive Spending Review when a Law Enforcement Feasibility Study was undertaken by the consultancy firm Tribal. The results of the Study were published in February 2011 and intelligence was identified as a possible area for a saving through closer collaboration between Jersey Customs and Immigration Service (JCIS) and States of Jersey Police (SOJP).

This was examined in detail, including the option of a single Island-wide ' intelligence function to be re-established in a single location. The Tribal Study concluded that neither JCIS nor SOJP believed that they should reduce the resources deployed in the area of intelligence and considered the risks in accepting the option too significant to mitigate. It was therefore not taken forward as a realistic saving. The two sections continue to exchange information and work together co- operatively.

Whilst the conclusions of the Tribal Study remain relevant, JCIS and SOJP have initiated a project to identify whether savings and efficiencies can be made by further enhanced collaborative working within one aspect of the intelligence environment. A working group has been established and their findings will be considered by JCIS and SOJP management in due course.

In addition, the SoJP are also embarking on exploring options for Workforce Modernisation within the Intelligence arena, which has the potential to make £70k savings towards CSR.

The cost of the JCIS intelligence section for 2011 was £451,425. The cost of the SOJP intelligence section for 2011 was £1,065,400. (Staff costs only)

The staffing level of the JCIS intelligence section is 8 Customs and Immigration Officers.

The staffing level of the SOJP intelligence section consists of 13 Police Officers and 9 members of Police Staff.

6. THE DEPUTY OF GROUVILLE OF THE MINISTER FOR SOCIAL SECURITY REGARDING ACCESS TO THE SOCIAL SECURITY BENEFITS SYSTEM: Question

Can the Minister confirm whether the Income Support system can be accessed by not only a head of a household, but also by his or her unqualified family and extended family who may never have contributed to the system and, if this is the case, what immediate action, if any, has he taken since 24th April 2012, when I brought this to his attention, to address this situation and what further action is proposed?

Answer

An Income Support claim can only be made in respect of a household comprising, at the most, an adult couple and dependent children. No other relatives sharing accommodation with the couple are entitled to be included within the Income Support claim.

I can confirm that information has previously been provided to the Deputy by e-mail dated 25 April 2012. Income Support benefit is paid to an Income Support household. This can be made up of a single person or a married/cohabiting couple, and any dependent children. Dependent children are included in an Income Support claim up to compulsory school leaving age (16+). Older children can continue to be included in the claim up to the age of 19 if they are registered as actively seeking work, or up to the age of 25 if they remain in full-time education.

Income Support is a non-contributory benefit funded by general taxation, and so the requirements for access to this benefit differ from those benefits administered by the Department, which are based on Social Security contributions.

Qualification for Income Support benefit includes a requirement that the claimant has either five years' continuous residency in Jersey immediately preceding the date of the claim or ten years' continuous residency at any point in the past. The Income Support Law requires that one adult (the claimant) in the household meets this residency test for the family unit to receive benefit.

If a number of separate households share accommodation, for example as members of an extended family, each single adult or adult couple that satisfied the test for five years' continuous recent residency, or ten years' residency at some point in the past, would be treated as a separate family unit and could make their own independent claim to Income Support benefit.

If an Income Support claim is made by a family unit sharing accommodation with other relatives, any support provided for accommodation costs is reduced to reflect the proportion of the dwelling being occupied by the Income Support household.

As above, there is no legal requirement for a second adult in an Income Support household to also satisfy the residency test. The great majority of these adults do also satisfy the residency test in their own right but since the end of 2011 my Department has been investigating the extent to which some valid Income Support claims include a second adult who would not satisfy the residency test themselves. This work has been discussed at two meetings of the Council of Ministers and I am planning to lodge a proposition on this matter within the next few days. The proposition will make an amendment to the Income Support regulations such that in order to receive the adult component in respect of a second adult included in an Income Support claim, the second adult will be required to meet the residency condition in their own right. This will reduce the total value of Income Support benefit available to Income Support households in which the second adult has lived in Jersey for less than five years, and has not previously completed ten years residency in the past.

7. THE DEPUTY OF GROUVILLE OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE ALLOCATION OF SURPLUS FUNDS:

Question

Given the States decision of 18th December 2001 to allocate £10 million to the Tourism Development Fund has never been implemented in full, why did the Minister decide to allocate the entire surplus' funds of £27 million to bolster the construction industry rather than honouring the previous States decision by allocating the remaining balance of the £10 million to the Tourism Development Fund and giving the remainder to the construction industry?

Answer

This is not a matter of the Tourism Development Fund being disadvantaged at the expense of Housing. Both are important. The reality is that the needs of each are different and are being addressed in different ways. It is also for the States to decide on allocation of capital funding.

Tourism Development Fund (TDF)

At the end of 2011 the TDF had funds of £937,000 of which £430,000 was committed. In the last round of applications only 5 of the 26 applicants were successful because of the strict criteria applied by panel members to ensure a good return for the tax payer. Furthermore, there is a proposal to be included in the Medium Term Financial Plan that £1.5 million be allocated into the

Fund. A proposal was brought to the States on 1st May this year to extend the scheme to private sector entrepreneurs, supported by a proposal to be included in the Medium Term Financial Plan that £500,000 be allocated into the Fund annually. The Deputy will be aware that the States deferred P26 and referred it to Scrutiny. There has been no request to increase funding for the TDF but the Treasury Minister would welcome further discussions in the run up to debate of the MTFP.

Housing

The 6 Housing schemes to be funded, although included in the 2012 States Business Plan, would not have been able to go ahead now as they were dependent on the sale of properties – which is a difficulty in the current economic climate. They are essential schemes providing much needed refurbishments to meet the "Decent Homes" standard and build 121 urgently needed new homes.

It must be stressed that the £27.1 million to be provided is a short term funding requirement of Housing. The full amount will be reimbursed to the Consolidated and Stabilisation Funds. This would not have been the case with the TDF.

The fact that the States can deliver these essential and socially desirable developments, provide much needed support to the local construction industry, safeguard local jobs and benefit from very competitive tender prices makes this a pragmatic and sensible proposal.

As stated before it is not a question of Housing benefitting to the detriment of Tourism. The proposals have been aimed at ensuring the individual needs of each are addressed in the most appropriate way.

8. TO THE CHIEF MINISTER BY DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT Question

Further to the answer given to my written question of 15th May 2012 regarding the restructuring of the public sector, could the Chief Minister further advise who is presently carrying out this work and give details of progress to date?

Answer

The work on Public Sector Reform is being led jointly by the Council of Ministers and Corporate Management Board and is being resourced within the Chief Ministers department. It is still early in the programme but, to date, some high level scoping work has been developed and an engagement programme drafted for approval by the Council of Ministers with the aim of starting a dialogue with all interested parties but especially our staff, States Members and the Public.

The Council of Ministers gave its outline approval for a reform programme which has two key elements, the culture and value within the public sector and the way in which services are provided to the public. These programmes are being developed and it is intended that a States Members briefing will take place in the next two months.

9. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING RESTRUCTURING THE PUBLIC SECTOR:

Question

Is the Minister aware of a practice whereby a person has his/her salary paid by a company at a level just sufficient to qualify for social security supplementation, whilst any balances are made up by open-ended, interest free loans from the company and, if so, what action, if any does he propose to take and would he further estimate the amount of tax lost by this process?

Answer

In answering this question it has been assumed that the Deputy is referring to a situation in which the relevant individual is the majority shareholder of and controlling director in the company (i.e. the relevant individual is an owner/manager), so as to have complete discretion over the manner in which he/she extracts value from the company.

Social security analysis

For social security purposes the owner/manager will be treated as if he/she is self employed, therefore their liability to social security will be calculated by reference to the gross amount of income drawn from the company, including the value of any loans made. Therefore by taking the steps indicated by the Deputy the owner/manager will not have achieved a social security saving.

Income tax analysis

Where a shareholder extracts value from a company by way of a loan, the shareholder will be taxed on the amount of the loan taken out in the year of assessment less the amount of that loan paid back. Therefore by taking the steps indicated by the Deputy the owner/manager will be taxed on the gross amount of the loans made, broadly as if they were dividends, and hence the owner/manager will not have achieved an income tax saving by organising their affairs in this way.

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

Question

Further to previous responses given, will the Minister advise Members -

1. which  specific  Laws,  Regulations,  Orders,  guidance  notes  and  procedures  his Department  audited in advance ofthe coming into force ofthe Human Rights (Jersey) Law 2000, and  which they didnot?
2. which laws, Regulations, orders, guidance notes and procedures his department has asked  the Law Officers' Department to audit or comment upon since I first raised this issue?

Answer

1. The table below lists the Laws and subordinate legislation that are administered by my Department, and includes details on which laws have been reviewed for Human Rights (Jersey) Law2000 compliance.
2. My department is working with the Law Officers' Department to identify if there are any higher risk areas within my department that need auditing for Human Rights (Jersey) Law 2000 compliance.

As requested in my answer to question 6873 asked by Deputy M.R. Higgins of St. Helier on Tuesday 15th May, if there are any convention rights that the Deputy believes are challenged by my department, I would be grateful if he would draw them to my attention, or he can seek his own advice from the Law Officers.

11. DEPUTY  M.R. HIGGINS  OF  ST.  HELIER  OF  THE  MINISTER  FOR PLANNING AND ENVIRONMENT REGARDING RECOMMENDATIONS MADE IN REG'S SKIPS COMMITTEE OF INQUIRY REPORT:

Question

Will the Minister advise members what actions, if any, his Department has taken to address the criticisms contained in the Committee of Inquiry's report into Reg's Skips setting out in detail each of the criticisms and the Department's responses outlining what action was taken to address each of these criticisms, and detailing on what dates such action was taken?

Answer

The Deputy has not been specific in this question as to which Committee of Inquiry (COI) report he refers. For Members ease, I therefore provide an answer to the recommendations in both reports produced by the COI.

Report 1:

The department has complied with the three recommendations of the report in relation to the public apology to Mr and Mrs Pinel and to Mr Taylor , and has provided ex gratia payments to both Mr and Mrs Pinel, and to Mr Taylor , as recommended in the report, and as the Deputy knows, as agreed in the debate under P130/2010 on the 3rd November 2010.

These payments and apologies were made in person by the Planning and Environment Minister and the Chief Executive Officer in short order during and following the debate in 2010.

The final and fourth recommendation from Report 1 required robust policies to be in place for sorting and recycling of inert waste. The new Island Plan agreed by the States Assembly on the 29th June 2011, has a section on waste management and policies to cover such facilities.

Report 2:

The first recommendation related to extended permitted development rights, and referring such changes through the Environment Scrutiny Panel and through the political steering group set up following the Planning Improvement Process.

Permitted development rights have been increased as envisaged and changes were referred to the political steering group. These changes took effect on 28 June 2011, when the new Planning and Building (General Development) (Jersey) Order, 2011, was adopted.

The Deputy should also be aware that the Department has an action in its Business Plan for 2012 to further review this Order, in conjunction with the Environment Scrutiny Panel.

The second recommendation related to an authoritative revision of delegated powers, with specific reference to powers delegated to officers and to the Planning Applications Panel. The delegated powers were revised and agreed by the Minister in December 2011 (MD-PE-2011-0123).

The third recommendation related to the Ministerial Code of Conduct. This was produced and formally signed off by the new P&E Minister in December 2011 (MD-PE-2011-0120).

The fourth recommendation related to consultation within Government departments. A paper has not been produced for corporate endorsement as envisaged in this report, as the purpose and role of consultations are clearly laid out in the planning law and procedure notes. The new IT changes now implemented on 15th May 2012 within the department have improved consultation processes and responses. Any concerns that exist with consultees are taken up by the Department direct to the consultee without needing to refer such detailed information to the Corporate Management Board.

The fifth recommendation related to eliminating overlap and ensuring better interaction between planning and health protection. Discussions have been ongoing during 2011 and 2012 to investigate the possibility of closer physical working between the Department and health protection. However, good working relations already exist between the two departments.

The sixth recommendation related to the creation of a merits-based planning appeal system. This is in the business plan for consultation later in 2012.

The final recommendation was that the Chief Officer for the Department report to the States before the end of the first session of 2011. This recommendation was never committed to by the Planning and Environment Minister. Members have however been kept fully up to date with all changes in relation to the planning system since the COI.

12. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE PUBLICATION OF A HOSPITALITY, GIFTS AND EXPENSES REGISTER AND LIST OF EXTERNAL MEETINGS UNDERTAKEN BY HIM AND HIS ASSISTANT MINISTERS:

Question

Will the Chief Minister undertake to publish from the date he was appointed and from now on, the following information and, if not, why not?

1. Details of the gifts, hospitality and expenses register for himself, his Deputy and Assistant Chief Ministers;
2. Details of his, his Deputy and Assistant Chief Ministers' external meetings in an official capacity, including video-conferences, stating on which datesthey met and the purposes of these meetings?

Answer

The Code of Conduct for Ministers and the Human Resources Code of Conduct provide guidance for Ministers and Civil Servants about receiving gifts and hospitality. As a result, the Department maintains a gifts and hospitality register in which entries are made of gifts and hospitality received by Ministers, Assistant Ministers and officers of the Chief Minister's Department. This register is available for  inspection on request. The Chief Minister is proposing that this information is published annually but this has yet to be considered by the Council of Ministers.

The requirement to publish details of meetings is not currently contained in the Code of Conduct for Ministers. As I have previously stated, this Code is being reviewed and will consider including the Deputy 's request, however it should be pointed out that this will require additional resources to provide for such disclosures.

14. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE COST OF MEDICAL INSURANCE: Question

Will the Minister produce a table or tables showing:

1. the cost of medical insurance for each of the main divisions ofthe hospital for each year since 2006 to the present;
2. the average costof medical insurance for each gradeof personnel in each division for each year since 2006 to the present time; and,
3. give an explanation of any variances in the cost of cover?

Answer

1. Cost of Medical Insurance by Hospital Division

2. Average Cost of Medical Insurance Per Consultant by Hospital Division

Average Cost of Medical Insurance for Other Grades of Medical Staff

3. Explanation Of Variances:

1. In 2010 the department changed thewaythat it coded medical insurance. Up to 2009 insurance paid  for  other  medical staff  was  coded  to Hospital Management and Administration.  From 2010  the  department  has  coded  this  insurance  to each division.
2. During 2011 the department retendered its contract for medical insurance.As a result fromJuly 2011 the department changed its insurance provider which explains the major part of the reduction in spend on medical insurance in 2011.
3. Inpatients include specialty consultant insurance for Obstetrics & Gynaecology in addition  to Orthopaedic  &  Trauma  which  have  seen  significant  increases  in premiums since 2009.
4. Consultants  pay medical  insurance  in  full  and make  a  recharge  for  the  public element of their  insurance. If a claim is not made or is made in a subsequent financial  year  by  the consultant  there  will  be  a  distorting  effect  on  consultant average cost of medical insurance year on year.
5. Vacancies  and  changes in  practices  may  affect  the  average  cost of consultant insurances.

15. DEPUTY G.P.  SOUTHERN OF ST. HELIER OF THE MINISTER  FOR SOCIAL SECURITY  REGARDING  A  BREAKDOWN  OF  COSTS  FOR  TEMPORARY WORKERS:

Question

Given that in his response to question 6856 the Minister stated that "costs for temporary agency workers and for States of Jersey employees are fairly evenly balanced" will he give members a detailed breakdown of these costs?

Will the Minister state in what services and at what grades the additional 8.7 staff (from 58.8 FTE employees in the 2011 Annual Business Plan (ABP) to 67.5 FTE in the 2012 ABP) are employed within the Department?

Will he further state in what services and at what grades the 27 employees on zero hours' contracts and not on headcount are employed?

Will he also state the weekly hours involved, and the length of service, along with the anticipated end dates, for these 27 employees?

Will  the  Minister  state  whether  employment  agency  workers  and  Social  Security  staff  work alongside each other on the same tasks and, if so, how do their contracts compare in terms of hourly rates, holiday pay and notice periods?

Will  he  explain  the  degree  of  "short-term  fluctuations  in  workloads"  or  of  "uncertainty  in permanent funding" which justifies the need for such a high proportion of Social Security staff (28%) to be employed on zero hours' contracts?

Answer

I am advised that the percentage mark-up cost charged by individual agencies is commercially sensitive information and therefore the States of Jersey is not able to disclose this figure. However, the cost for employing staff directly within the States of Jersey include 13.6% for employer's pension  contributions  and  6.5%  for  employer's  social  security  contributions  which  offset  the administrative and other costs charged by an agency.

The Deputy will  be aware that the costs and budgets for the Social Security Department are apportioned between three separate funds and the costs & FTE published in the Annual Business Plan are based on the amount apportioned to tax-funded expenditure only.

The overall FTE of the Department is published in the Social Security Department Business Plan which shows an overall FTE for 2012 of 147, and 145 for 2011. This growth relates to additional permanent staff added to support the changes to contributions from 2012.

The 27 agency staff engaged with the Department were paid through their agency against the following grades:

22 agency staff were engaged within Work Zone and the Back to Work programme, 2 in Income Support, 2 in Health Zone and 1 in Contributions.

Agency employees worked full time, 37 hours per week. The length of service varied, 10 people commenced  work  in  2011  and  the  remainder  commenced  during  2012.   The  nature  of  the relationship with the agency means that end dates are not normally specified at the commencement of the placement.

Employment agency workers and Social Security staff work alongside each other on the same tasks. The hourly rates for the agency staff are set by the grade of the substantive post, so, for example, if an agency worker is covering a grade 5 role then their hourly rate is the equivalent to a grade 5 civil servant. Holiday pay for agency staff is rolled up into the hourly rate at 4%, whereas the States of Jersey employees are entitled to a minimum 22 days annual leave per annum which they take as time away from work. The nature of the contract with the agency is that notice is not normally required and therefore an agency worker's entitlement to receive and give notice is different than that which applies to directly employed workers.

Since 2011 and in response to increasing unemployment, the Department has secured additional short term funding to increase resources to provide support to those Actively Seeking Work. In 2012 further funding was agreed and this has allowed us to increase resources further and also fund new roles within the cross departmental Back to Work team which the Department is leading.

The Department has made growth bids within the Medium Term Financial Plan to support the Strategic Priority – Get People into Work. Once we have secured this funding we will recruit into either Fixed Term Contract roles or Permanent positions depending on the roles and the length of the funding streams agreed.

Temporary staff can be used to cover short term fluctuations in workloads or where a member of staff needs to be covered for a period to ensure customer service is maintained. For example this could be to cover peaks in customer activity, quarterly contribution cycles, maternity cover, personal development secondments, staff unpaid leave/career breaks or IT development testing.

16. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE TAXING OF NON-FINANCE, NON- LOCALLY OWNED BUSINESSES:

Question

Will the Minister justify the dichotomy between the following two parts of his answer to question 6863 on 15th May 2012 – "The Minister remains committed to bringing forward measures to deal with the issue of non-finance, non-locally owned businesses" and "it will not be possible to tax the majority of companies in Jersey and maintain a compliant regime"?

Since both a payroll tax and an office space tax have been ruled out along with deemed distribution, what options remain?

Does the Minister still consider that these companies can be taxed without discriminating between local and non-locally owned companies?

Answer

As stated in the answer to question 6863 on 15th May 2012 the Minister remains committed to bringing forward measures to deal with the issue of non-finance businesses and he plans to issue a report before the States summer break, with proposals to follow in the Budget statement. States Members will be fully briefed on the work done and options considered at the time when the report is issued. However, as was also made clear in the answer to question 6863, the backdrop of continued developments in international standards on taxation and the challenging economic environment means that this is a difficult exercise and there will be no perfect solution.

Analysis of the implications of implementing measures is on-going and will be included in the planned report. As previously advised, options under consideration include the extension of the 10% or 20% tax bands.

Finally, as stated by the Assistant Minister for Treasury and Resources on 6th December 2011: "whichever option is chosen cannot discriminate between locally-owned and foreign-owned companies". Consistent with this statement, whatever measures may finally be introduced, they will apply without discriminating between those companies which are locally owned and those which are non-locally owned.

17. TO THE MINISTER FOR EDUCATION, SPORT AND CULTURE BY DEPUTY G.P. SOUTHERN OF ST. HELIER

Question

Will the Minister advise whether any of the 582 Education, Sport and Culture (ESC) employees on zero-hours  contracts  are,  like  those  at  the  Social  Security  department,  actually  employed  by agencies and thus do not form part of FTE headcount and, if so, how many?

Will he provide a breakdown of the numbers of zero hours contracts by job types within ESC?

Will he further state whether teaching assistants are employed on zero hours contacts and, if so, how many and under what circumstances?

Does the Minister consider that for the most part teaching assistants should be on fixed-term or permanent contracts with defined hours to deliver consistent support in the classroom?

Will he further assure members that zero-hours contracts are not used to cover for predictable absence of teaching staff, such as maternity leave?

Will he also state how many zero hours contracts involve Highlands College lecturers (apart from Adult Education tutors) and what circumstances would justify this?

Answer

All of the 582 employees on zero-hours contracts and currently on payroll are employed by the States Employment Board through the Education, Sport and Culture Department and not through agencies.  These  contracts  are  not  included  in  the  FTE  or  headcount  figures  as  work  is  not guaranteed.

The breakdown of numbers is as follows:

Individuals employed in a non teaching supply role are contracted to work in more than one job type.

For example an individual may work as a lunch supervisor, a teaching assistant and/or a key worker in different schools.

Civil Service non teaching supply includes all individuals working as Teaching Assistants. This group are employed on zero hours contracts to ensure appropriately vetted and skilled staff are available to cover staff absence and meet changing demands for support staff due to fluctuating pupil numbers and the special need requirements of individual cohorts. The flexibility this allows is necessary to ensure the service can react to the differing needs of individual pupils as they move through the service.

Maternity leave is a predictable absence. In the majority of cases such absence would be covered by staff employed on fixed term contracts.

Highlands College employs staff on zero hours contracts to allow it to maintain the flexibility required to meet fluctuating demands in student numbers, subject choices and the individual needs of students in both further and higher education. A review of the use of employment contracts at Highlands is currently underway to ensure best practice. It is however envisaged that the majority of visiting lecturers will remain on zero hours appointments to allow the ongoing flexibility the College requires.

18. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HEALTH AND  SOCIAL  SERVICES  REGARDING  EMPLOYEES  ON  ZERO  HOURS' CONTRACTS:

Question

Will the Minister whether any of the 545 employees on zero-hours contracts are, like those at the Social Security department, actually employed by agencies and thus do not form part of FTE headcount and, if so, how many?

Will he give a further breakdown of the numbers of zero hours contracts by job types within Health and Social Services?

Answer

The 545 HSSD employees currently on zero hours contracts, is broken down as follows: