States Meeting Transcript - 9th October 2012

STATES OF JERSEY

OFFICIAL REPORT

TUESDAY, 9th OCTOBER 2012

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

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

1. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR HOME AFFAIRS REGARDING THE RETURN OF PROPERTY CONFISCATED BY THE STATES OF JERSEY POLICE DURING INVESTIGATIONS: .......................... 8
   2. DEPUTY G.C.L. BAUDAINS OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE FIBRE OPTIC ROLL-OUT BY JERSEY TELECOM:..................................................................................10
   3. DEPUTY S. PITMAN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE DECISION TO REFUND GST ON VISITORS' PURCHASES WORTH OVER £300:......................................................11
   4. SENATOR S.C. FERGUSON OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE REDEMPTION OF THE 9% PREFERENCE SHARES OF JERSEY TELECOM:..................................................................................13
   5. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING THE TEACHING OF MODERN FOREIGN LANGUAGES FROM 2002 TO 2012:.....................................................14
   6. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR TREASURY

AND RESOURCES REGARDING THE POSSIBILITY OF FURTHER DISCRETIONARY FISCAL STIMULUS PROJECTS WITHIN THE MEDIUM TERM FINANCIAL PLAN:........................................................................17

7. DEPUTY G.P. SOUTHERN OF ST. HELIER OFTHE CHIEF MINISTER REGARDING THE CAPPING OF THE POPULATION AT AROUND 100,000:......................18

9. DEPUTY J.A.N. LE FONDRÉ OF ST. LAWRENCE OF THE CHIEF MINISTER REGARDING THE PARTICIPANTS IN THE RECENT RECRUITMENT PROCESS FOR THE POST OF CHIEF EXECUTIVE:...............................................20
10. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE NUMBER OF GAMBLING LICENCES GRANTED SINCE THE ENACTMENT OF THE GAMBLING (JERSEY) LAW 2012: ................................................................................................21
11. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING PROBLEMS AT THE ENERGY FROM WASTE PLANT:............................................................................21

1.13 DEPUTY J.A.N. LE FONDRÉ OF ST. LAWRENCE OF THE CHIEF MINISTER REGARDING THE VARIOUS GROUPS WHICH INFORM/INFLUENCE THE WORKINGS OF A DEPARTMENT, AND/OR THE DEVELOPMENT OF MINISTERIAL PROPOSALS, DECISIONS OR POLICIES:............................25

2. Oral Questions................................................................................53

1. Deputy T.M. Pitman of St. Helier of the Chief Minister regarding changes to the current justice system:................................................................................53 Senator I.J. Gorst (The Chief Minister):..........................................................53

1. Deputy T.M. Pitman:........................................................................53
2. Deputy R.G. Le Hérissier of St. Saviour : .................................................. 53
3. Deputy R.G. Le Hérissier:...................................................................53
4. Deputy M. Tadier of St. Brelade :...........................................................54
5. Deputy T.M. Pitman:........................................................................54

2. Deputy R.G. Le Hérissier of the Chairman of the Privileges and Procedures Committee regarding the reports of the Electoral Commission and Sub-Committee on the Machinery of Government:..............................................................................54 Connétable A.S. Crowcroft of St. Helier (Chairman, Privileges and Procedures Committee): 55

1. Deputy R.G. Le Hérissier:...................................................................55
2. Deputy J.H. Young ofSt. Brelade:..........................................................55
3. Deputy T.M. Pitman:........................................................................56
4. Deputy J.H. Young:..........................................................................56
5. Deputy R.G. Le Hérissier:...................................................................56

3. Connétable P.J. Rondel of St. John ofthe Minister for Health and Social Services regarding the maintenance of communications in the event of power cuts at the Hospital: ................................................................................................57 Deputy A.E. Pryke of Trinity (The Minister for Health and Social Services):.................. 57

1. The Connétable ofSt. John:.................................................................57
2. The Connétable ofSt. John:.................................................................57
3. The Connétable ofSt. John:.................................................................57
   4. Deputy G.C.L. Baudains of St. Clement of theChief Minister regarding the release of correspondence between the Minister for Treasury and Resources and the ex-Interim Treasurer from June 2012 in relation to the Comptroller and Auditor General:.......... 58 Senator I.J. Gorst (The Chief Minister):..........................................................58
   5. Deputy G.P. Southern of St. Helier of the Minister for Health and Social Services regarding investigations or treatments undertaken in Guernsey and associated travel costs: ................................................................................................58 The Deputy of Trinity (The Minister for Health and Social Services):..........................58

1. Deputy G.P. Southern :......................................................................58
2. Deputy G.P. Southern :......................................................................58
3. Deputy G.P. Southern :......................................................................59
4. Deputy J.A. Hilton of St. Helier :............................................................59
5. The Connétable ofSt. John:.................................................................59
6. The Connétable ofSt. John:.................................................................59
7. Deputy J.A. Hilton:..........................................................................59
8. Deputy J.A. Hilton:..........................................................................60
9. Deputy G.P. Southern :......................................................................60
10. Deputy G.P. Southern :.................................................................... 60

6. Deputy J.A. Martin of St. Helier of the Minister for Social Security regarding proposals for a new Maternity and Paternity leave scheme:..........................................60 Senator F. du H. Le Gresley (The Minister for Social Security):................................60

1. Deputy J.A. Martin:..........................................................................61
2. Senator S.C. Ferguson:......................................................................61
3. Deputy M. Tadier :...........................................................................61

4. Deputy M. Tadier :...........................................................................61
5. Deputy G.P. Southern :......................................................................61
6. Deputy R.G. Le Hérissier:...................................................................62
7. Deputy R.G. Le Hérissier:...................................................................62
8. Deputy J.H. Young:..........................................................................62
9. Deputy J.A. Martin:..........................................................................62

7. Deputy M.R. Higgins of St. Helier of the Minister for Treasury and Resources regarding whether the Managed Print Service tender process was compromised:.................. 63 Deputy E.J. Noel of St. Lawrence (Assistant Minister for Treasury and Resources - rapporteur): ................................................................................................63

1. Deputy M.R. Higgins:.......................................................................63
2. Deputy M.R. Higgins:.......................................................................63
3. Deputy M. Tadier :...........................................................................63
4. Deputy T.A. Vallois of St. Saviour :........................................................64
5. Deputy M.R. Higgins:.......................................................................64

8. Deputy J.M. Le Bailly of St. Mary of the Minister for Planning and Environment regarding bringing forward social and private housing capital projects:.................. 64 Deputy R.C. Duhamel of St. Saviour (The Minister for Planning and Environment):.......... 64

1. Deputy G.P. Southern :......................................................................65
2. Deputy G.P. Southern :......................................................................65
3. Deputy J.A. Hilton:..........................................................................65
4. Connétable J.M. Refault of St. Peter :.......................................................65
5. Deputy J.H. Young:..........................................................................66
6. Deputy J.H. Young:..........................................................................66

7. The Deputy of St. Mary :....................................................................66

9. Deputy S. Power of St. Brelade of the Minister for Transport and Technical Services regarding the use of a hopper barge to remove sea-lettuce from St. Aubin's Bay:....... 66 Deputy K.C. Lewis of St. Saviour (The Minister for Transport and Technical Services):..... 66

1. Deputy S. Power:............................................................................67
2. Deputy M. Tadier :...........................................................................67
3. Deputy M. Tadier :...........................................................................67
4. The Connétable ofSt. John:.................................................................67
5. Deputy J.H. Young:..........................................................................68

6. Deputy G.C.L. Baudains:....................................................................68
7. Deputy G.C.L. Baudains:....................................................................68
8. Deputy S. Power:............................................................................68

10. Deputy M. Tadier of the Chief Minister regarding the use of super-injunctions in Jersey: 68

Senator I.J. Gorst (The Chief Minister):..........................................................69

1. Deputy M. Tadier : ........................................................................ 69
2. Deputy M.R. Higgins:.................................................................... 69
3. Deputy R.G. Le Hérissier:................................................................ 69
4. Deputy R.G. Le Hérissier:................................................................ 70
5. Deputy T.M. Pitman:..................................................................... 70
6. Deputy M. Tadier : ........................................................................ 71

11. Deputy J.M. Maçon of St. Saviour of the Minister for Treasury and Resources regarding funding commitments to the Jersey Heritage Trust in 2012 and onwards:................72 Deputy E.J. Noel (Assistant Minister for Treasury and Resources - rapporteur): .............. 72

1. Deputy J.M. Maçon:...................................................................... 73

2. Deputy G.P. Southern :.................................................................... 73
3. Deputy J.M. Maçon:...................................................................... 73

12. Deputy J.H. Young ofthe Minister for Planning and Environment regarding a policy to ensure affordable homes for first-time buyers:.............................................73 Deputy R.C. Duhamel (The Minister for Planning and Environment):..........................73

1. Deputy J.H. Young:...................................................................... 74
2. Deputy R.G. Le Hérissier:................................................................ 74
3. Deputy R.G. Le Hérissier:................................................................ 74
4. Deputy S.G. Luce of St. Martin :......................................................... 74
5. Deputy G.P. Southern :.................................................................... 75
6. Deputy G.P. Southern :.................................................................... 75
7. Deputy R.J. Rondel of St. Helier :........................................................ 75
8. Deputy M. Tadier : ........................................................................ 76
9. Deputy J.H. Young:...................................................................... 76

13. Deputy M. Tadier of the Minister for Treasury and Resources regarding targets for the delivery of residential post by Jersey Post:.................................................76 Deputy E.J. Noel (Assistant Minister for Treasury and Resources - rapporteur): .............. 76

1. Deputy M. Tadier : ........................................................................ 77
2. Deputy G.P. Southern :.................................................................... 77
3. The Connétable of St. John :.............................................................. 77
4. The Connétable of St. Helier : ............................................................ 78

14. Deputy G.P. Southern of the Minister for Treasury and Resources regarding changesto the Medium Term Financial Plan:..........................................................79 Deputy E.J. Noel (Assistant Minister for Treasury and Resources - rapporteur): .............. 79

1. Deputy G.P. Southern :.................................................................... 79
2. Deputy R.G. Le Hérissier:................................................................ 79
3. Deputy R.G. Le Hérissier:................................................................ 79
4. Deputy J.A. Martin:...................................................................... 80
5. Deputy M. Tadier : ........................................................................ 80
6. Deputy G.P. Southern :.................................................................... 80

15. Deputy T.M. Pitman of the Minister for Economic Development regarding the viability of establishing a university in Jersey:..........................................................80 Senator A.J.H. Maclean (The Minister for Economic Development):..........................80

1. Deputy T.M. Pitman:..................................................................... 81
2. Deputy T.M. Pitman:..................................................................... 81

16. Deputy M.R. Higgins of the Minister for Education, Sport and Culture regarding feedback from schools regarding the Managed Print Service Contract with Danwood:............ 81 Deputy P.J.D. Ryan of St. John (The Minister for Education, Sport and Culture):............. 81

1. Deputy M.R. Higgins:.................................................................... 82
2. Deputy T.A. Vallois:..................................................................... 82
3. Deputy T.M. Pitman:..................................................................... 82
4. Deputy T.A. Vallois:..................................................................... 82
5. Deputy M.R. Higgins:.................................................................... 82

17. Deputy R.G. Le Hérissier of the Chief Minister regarding whether Crown and public servants accused of criminal offences must first face criminal trial before disciplinary proceedings can be pursued:................................................................83 Senator I.J. Gorst (The Chief Minister):..........................................................83

1. Deputy R.G. Le Hérissier:................................................................ 83
2. Deputy R.G. Le Hérissier:................................................................ 83

3. Deputy T.M. Pitman:..................................................................... 84
4. Deputy J.A. Hilton:....................................................................... 84
5. Deputy J.M. Maçon:...................................................................... 84
6. Deputy R.G. Le Hérissier:................................................................ 84

3. Questions to Ministers without notice - The Minister for Social Security.............. 85

1. Deputy G.P. Southern : ...................................................................... 85 Senator F. du H. Le Gresley (The Minister for Social Security):................................85

1. Deputy G.P. Southern :......................................................................85
   2. Deputy J.M. Maçon:......................................................................... 85

3.2.1 Deputy J.M. Maçon:.........................................................................85

3. Deputy G.P. Southern : ...................................................................... 86
4. The Connétable of St. Helier :............................................................... 86
5. Deputy J.A. Martin:.......................................................................... 86
6. Deputy J.H. Young:.......................................................................... 86

3.6.1 Deputy J.H. Young:..........................................................................87

7. Connétable M.P.S. Le Troquer of St. Martin :.............................................. 87
8. Deputy G.P. Southern : ...................................................................... 87

3.8.1 Deputy G.P. Southern :......................................................................87

9. Senator S.C. Ferguson:...................................................................... 88
10. Deputy J.A. Martin:..........................................................................88

3.10.1 Deputy J.A. Martin:...................................................................... 88

11. Deputy G.P. Southern :......................................................................88

3.11.1 Deputy G.P. Southern :.................................................................... 89

12. Deputy J.A. Martin:..........................................................................89

4. Questions to Ministers without notice - The Chief Minister............................. 89

1. Deputy M. Tadier :........................................................................... 89 Senator I.J. Gorst (The Chief Minister):..........................................................89

1. Deputy M. Tadier :...........................................................................89
   2. Deputy J.M. Maçon:......................................................................... 90
   3. Deputy G.P. Southern : ...................................................................... 90

4.3.1 Deputy G.P. Southern :......................................................................90

4. The Connétable ofSt. John:................................................................. 90

4.4.1 The Connétable of St. John:.................................................................91

5. Senator S.C. Ferguson:...................................................................... 92

4.5.1 Senator S.C. Ferguson:......................................................................92

6. Deputy J.H. Young:.......................................................................... 92

4.6.1 Deputy J.H. Young:..........................................................................92

7. Deputy J.A. Hilton:.......................................................................... 93
8. The Connétable of St. Helier :............................................................... 93
9. Deputy T.M. Pitman:........................................................................ 93

4.9.1 Deputy T.M. Pitman:........................................................................93

STATEMENT ON A MATTER OF OFFICIAL RESPONSIBILITY..........................94

5. Statement by the Minister for Transport and Technical Services re Bus Contract with CT Plus and staffing issues..................................................................94

5.1 Deputy K.C. Lewis (The Minister for Transport and Technical Services):............... 94

1. Deputy J.A. Martin:..........................................................................95

2. Deputy G.P. Southern :......................................................................95
3. Deputy G.P. Southern :......................................................................96
4. Deputy M. Tadier :...........................................................................96
5. Deputy M. Tadier :...........................................................................96
6. The Connétable of St. John :.................................................................97
7. Deputy R.G. Le Hérissier:...................................................................97
8. Deputy R.G. Le Hérissier:...................................................................97
9. Connétable D.J. Murphy of Grouville :......................................................97
10. Connétable D.W. Mezbourian of St. Lawrence :........................................ 97
11. Deputy S. Power:......................................................................... 97
12. Deputy T.M. Pitman:..................................................................... 98
13. Deputy M.R. Higgins:.................................................................... 98
14. Connétable J. Gallichan of St. Mary ; .................................................... 99
15. Deputy C.F. Labey of Grouville :........................................................ 99

6. Urgent Oral Question........................................................................99

6.1 Deputy G.P. Southern of the Minister for Transport and Technical Services regarding the current negotiations for the Island's new bus contractor:..................................99 Deputy K.C. Lewis (The Minister for Transport and Technical Services):....................100

1. Deputy G.P. Southern :.....................................................................100
2. Deputy J.A. Martin:........................................................................101
3. Deputy R.G. Le Hérissier:..................................................................101
4. Senator A. Breckon:........................................................................101
5. Deputy J.M. Maçon:........................................................................101
6. Deputy M.R. Higgins:......................................................................101
7. The Connétable of St. Lawrence :..........................................................101
8. The Deputy of Grouville :..................................................................102
9. Deputy M. Tadier :..........................................................................102
10. Deputy M. Tadier : ......................................................................102
11. Senator L.J. Farnham ....................................................................102
12. The Deputy of St. Martin :..............................................................103
13. Senator L.J. Farnham ....................................................................103
14. Deputy S. Power:........................................................................103
15. The Connétable of St. Martin: ..........................................................103
16. Deputy G.P. Southern :..................................................................103

LUNCHEON ADJOURNMENT PROPOSED....................................................104 LUNCHEON ADJOURNMENT....................................................................104

PUBLIC BUSINESS..................................................................................104

7. Incorporation of Ports of Jersey (P.70/2012).............................................104

7.1 Senator A.J.H. Maclean (The Minister for Economic Development):...................104

1. Deputy G.C.L. Baudains:..................................................................106
2. Deputy J.M. Maçon:........................................................................107
3. Deputy J.H. Young:........................................................................108
4. Deputy S. Power:...........................................................................110
5. Deputy G.P. Southern :.....................................................................111
6. Deputy R.C. Duhamel:.....................................................................113
7. The Connétable of St. Peter :...............................................................118

8. The Deputy of St. Martin :..................................................................118

9. The Connétable ofSt. John:................................................................119
10. The Deputy of Grouville :...............................................................122
11. Deputy M. Tadier : ......................................................................123
12. Connétable S.W. Pallett of St. Brelade :................................................125
13. Senator S.C. Ferguson:..................................................................126
14. Deputy R.G. Le Hérissier:..............................................................126
15. Senator A.J.H. Maclean: ................................................................127

8. Historic Abuse Redress Scheme: approval by the States Assembly (P.80/2012)......132

8.1 Deputy M.R. Higgins:......................................................................133

ADJOURNMENT....................................................................................141

[9:30]

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

QUESTIONS

1. Written Questions

1.1. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR HOME AFFAIRS REGARDING THE RETURN OF PROPERTY CONFISCATED BY THE STATES OF JERSEY POLICE DURING INVESTIGATIONS:

Question

In order to ensure that the States of Jersey Police return property taken during investigations in good condition and in a timely manner, will the Minister undertake to review procedures in order to ensure such property is:

1. adequately logged (and photographed where appropriate) and a copy of the itemisation supplied to the owner;
2. stored in labelled containers for easy location, thereby avoiding either the owner being advised the items do not exist or hours of police time wasted searching for them?

Will the Minister further undertake to review the police armoury facility to ensure property does not go missing and that public as well as police firearms are in a suitable environment as regards humidity etc?

Answer

Since late 2006, the States of Jersey Police has operated an electronic property management system which employs a digital auditing process for all items of both seized property and lost and found property. Each item, or series of connected items, is stored against unique alphanumeric codes which identify in which specific store on the Police estate the item is lodged.

Each item of property is categorised when being added to the electronic system by the officer recording the entry. The item is then passed to the property officer, in the majority of cases, for storage allocation. The property officer, a civilian member of police staff, will then lodge the item dependent on the item's type, value, status (lost and found or seized), legal status (i.e. controlled drugs), size and potential danger to others (knives etc). For example, cash, drugs and medication are kept in individual safes, with limited audited access, whereas bicycles and larger items are kept in a more suitable outdoor, but covered, area given the volume of space they require to store.

The States of Jersey Police is satisfied that the storage provided for all items is suitable, and fit for purpose, given the site they currently possess. An efficient logging system is in place which allows the property officer to know exactly where an item is, similar to a library indexing system. Labelled containers are already in use, where suitable, by the States of Jersey Police to aid in the safe storage process.

Items are not routinely photographed unless there is a specific evidential need to capture something on record which may later fade, perish or change. All of the property stores within the States of Jersey Police are secure with limited access controls in place, and those indoors (for normal property storage) are a dry and suitable working environment. None of the States of Jersey Police's stores are air conditioned or humidity controlled.

The property office operates during normal office working hours. When operating out of working hours due to need, or at times of annual leave, on occasion another member of police staff will be asked to work in this area. It is therefore not inconceivable that during these odd periods, some short delays could be experienced in that the member of staff locating the item/s may be relatively unfamiliar with the process when compared to the regular full time member of staff.

The Police Procedures and Criminal Evidence (Jersey) Law 2003 sets out, under article 23 (1) that: A police officer who seizes anything in the exercise of a power conferred by any enactment, including an enactment passed after this Law, shall, if so requested by a person showing himself or herself to be the occupier of premises on which it was seized, or to have had custody or control of it immediately before the seizure, provide that person with a record of what he or she seized.

Article 23 (2) then states that:

The police officer shall provide the record within a reasonable time from the making of the request for it.

The States of Jersey Police use printed Premises Search Booklets to record all searches of properties, be they residential or commercial. One double sided page of that booklet is to be given to, or left for, the premises' occupier or owner upon completion of the search process. This Information to the Occupier' page gives a relevant précis of sections of the Police Procedures and Criminal Evidence (Jersey) Law 2003 on police powers of entry; powers of search; and powers of seizure. The pages also set out the rights of the occupier or property owner in respect of a list of items seized being provided, upon request, within a reasonable time, and supervised access, if suitable, to any seized items at any time during an investigation.

With regard to the Police Armoury Facility identified in the question, and given that the question relates to property management, it is important to identify that the Police Armoury is solely used for the storage of operational weapons and munitions belonging to the States of Jersey Police. The Police Armoury can also be used for the safe clearing' and checking of seized, found or surrendered firearms before they are lodged in a secure area, or Public Armoury as it is known, on the police estate. Neither the Police nor Public Armoury is heat or humidity controlled as neither areas were purpose built for weapon storage.

The Police firearms' storage process is controlled by the same electronic system which manages all other property, the only difference being that firearms tend to be handled and managed by members of the firearms training team due to their weapon handling knowledge and proficiency, rather than other members of police staff. Prior to 2008, the Public Armoury did not have a dedicated manager as it does now, and, as with any computer system, the information is only as reliable as the initial input. Since 2008 a standard operating procedure has been created for the entry of seized items into the Public Armoury and is currently managed by at least two officers, in addition to their core duties.

In 2008, the States of Jersey Police carried out an internal inspection of the way it stores and records firearms in the Public Armoury. Several recommendations were made as the storage manner was found to be confusing and the audit trail was inadequate. Those recommendations, and others, have been addressed and the States of Jersey Police leadership is content in the way in which the Public Armoury now operates.

Firearms seized by police are not serviced or cleaned whilst in their possession. Weapon maintenance is a specialist skill and one which the States of Jersey Police has invested in simply to maintain the limited range of weaponry in the Police Armoury. To be qualified to cater for the care and maintenance of each and every weapon is an impossible task.

The concern of Deputy Baudains arose from a specific case in 2007 in which a large volume of firearms was seized. This was a complex case and there were a number of issues around the legality of some of the weaponry held. Some items seized, which were not on the owner's licence, were later added to that licence, which allowed for partial return of items. This then led to a confusing property management process of partial return and partial retention and it is acknowledged that difficulties arose. The States of Jersey Police leadership is certain now, that given the designated management approach of the Public Armoury, such a complex situation could be more easily managed should it happen again.

I am satisfied from the information provided to me in this answer, that proper systems are in place for the management of property in Police possession and that no further review of procedures is required. However, the issue of the lack of purpose built stores will inevitably continue to exist until such time as a new Police Headquarters building is constructed.

2. DEPUTY G.C.L. BAUDAINS OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE FIBRE OPTIC ROLL-OUT BY JERSEY TELECOM:

Question

With regard to the fibre optic roll-out by Jersey Telecom (JT), would the Minister, as the representative of the shareholder advise whether –

1. home installations, due to the relative inflexibility of the fibre cable compared with copper and the need for a power source near cable entry, have resulted in inconvenience to householders;
2. the installation time and associated costs have been higher than anticipated;
3. customers who have broadband have expressed an unwillingness to pay for a faster service;
4. large consumers such as banks already have fibre connections from the town ring-main and,ifso, is a significant growth in this market unlikely?

Would the Minister advise what action, if any, has been taken to resolve the aforementioned issues? Would the Minister make available the evidence which persuaded him to support JT's project?

What measures are in place to mitigate the risk of either existing customers migrating to other providers or returns on the fibre investment failing to materialise?

Does the Minister consider that JT's charges and available speeds compare well with other jurisdictions, even before fibre brings increased speeds and associated increased costs to customers?

Answer

The four matters raised in the question are being dealt with as part of JT's Gigabit Jersey rollout as follows:

1. The fibre being installed in homes is exceptionally resilient and modern day fibre is as physically flexible as the copper that preceded it, thecrucial difference being that fibre can carry unlimited amounts of data whereas copper has a limited capability. Regarding power supply, the terminating unit in the house does require access to a household electricity socket, as it the casewithalmostall modern telecommunications equipment. In theunlikelyeventthat there is a difficultyintheprovisionofthe electricity, JTengineersworkwith the householder to put in place a sensible solution.
2. JT are in year 1 of a 5 year programme and it would therefore be premature (and impossible) to make a final assessmenton the overall installation time and costs. However, a recent review by JT of the financial position confirmed the programme to be running to cost and time budgets (which is pleasing in light of effort applied to providing training and development to 100 previously unemployed local residents taken-on to roll out the fibre).
3. Someof JT's customers have moved to higher speeds and some have chosen to remain on their existing package. The roll out of this network will allow people make a choice that suits them and the products and services offered will change over time, as would be expected.
4. Large corporate customers with existing fibre connections were not included as part of the Gigabit Jersey business case; although it is worth noting that the data being carried across these links is increasing at significant rates too.

On the basis of the answers set out, the Minister does not see any need to take action and intends to leave it to JT to roll out the network and deal with the operational aspects arising.

The reasons for supporting the decision were contained in the Ministerial Decision which was made public and published on 7 December 2011 (MD-TR-2011-0139).

A number of the questions raised are operational matters for JT. These are not new, and they have been highlighted and explained to States Members previously. The Minister continues to have full confidence in JT and is very supportive of the fibre optic business case and the roll-out programme.

Price s are discussed on a regular basis between the regulator and JT. There have been discussions in a number of countries over the relative merits of super-fast copper and fibre optic. Super-fast copper can provide speeds for today's technology. However, the pace of technical innovation and future proofing leads to fibre optic being the better option.

3. DEPUTY S. PITMAN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE DECISION TO REFUND GST ON VISITORS' PURCHASES WORTH OVER £300:

Question

Following the decision to refund GST on luxury goods worth £300+ for visitors to the Island, would the Minister advise -

1. what goods will be classified as luxury';
2. how much will be lost in tax revenue;
3. where/how this loss will be made up; and,
4. how much will this cost to administer?

Would the Minister outline the decision process and publish whatever evidence was presented to support this sudden change in policy?

Answer

The GST Visitor Refund Scheme is being operated on a trial basis for a year. If successful its introduction on a permanent basis will be brought to the States for approval in the 2014 Budget.

In reply to the question raised concerning the Visitor Refund Scheme, the Minister can advise as follows:

1. There is no reference to "luxury" goods anywhere in the scheme soit is not necessary to define the term.
2. The potential tax cost of the scheme is extremely difficult toestimate as it is not known what the take upby visitors will be. An increase in visitors would mitigate thepotentialcost and bring other benefits to retailers and revenues alike. The scheme will be monitored throughout the 12 month trial to identify the value of additional goods being sold to visitors by Jersey businesses.
3. Please see the reply at (b) above.
4. The Taxes Office costs of administration for the Visitor Retail Scheme has to datebeen15 staff days with 20 days per annum estimate for the post-claim verification, business education and liaison with Customs, G4S and the Chamber of Commerce. The latter figure is dependent on take-up. In both cases the staff time has/will come from existing resources.

The only additional "hard "cost has been for third-party printing of leaflets - £139.

A key feature of the scheme is that the printing, distribution and verification of forms is being borne by the participants (retailers, customers and G4S) and is not an expense on public funds. Similarly, the involvement of Customs and Immigration staff has been minimised by the involvement of G4S and the Customs resource required is likely to be minimal.

The decision to introduce the Visitor Refund Scheme trial from 1st September 2012 was subject to the documented Ministerial decision process and has been introduced following representations to encourage visitors to increase incremental spending when visiting Jersey.

This is a targeted way for the States to support the retail and travel industries at a time of economic difficulty. If successful the trial could lead to a successful tax-free retail export scheme, The Minister trusts it will be welcomed by the local business community and supported by States Members. It is a measure which will contribute to stimulating the economy.

4. SENATOR S.C. FERGUSON OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE REDEMPTION OF THE 9% PREFERENCE SHARES OF JERSEY TELECOM:

Question

Would the Minister clarify and expand the business case for redeeming the 9% preference shares of Jersey Telecoms for the sum of £20 million when the holding was value for 2011 at £29.5 million in Table 9.11 on page 101 of the Financial Report and Accounts 2011?

Answer

The Treasury and Resources Minister acts on behalf of the States as shareholder for JT Group and other strategic investments.

The States owns 100% of the shares in JT. This repayment will make no difference to the value of the public ownership of JT. The States will continue to receive full dividends from JT as they are the only owner. The States can allocate the cash received in return for the shares to high priority areas, such as capital projects and the Innovation Fund. This Fund will provide seed finance for new, small and growing businesses at a time when the economic climate is difficult.

The £29.5m preference share value in 2011 is a technical accounting valuation using the Dividend valuation model. This takes into account all future dividend payments. As stated in the 2011 Accounts this is not the same as the amount which the States could realise if it chose to sell its holdings. As a result of the redemption (i.e. JT repaying a loan from the States) the value of the States' strategic investment in JT does not fall – rather it means it will increase as a result of allowing JT to obtain finance and grow.

Early in 2012 JT's Board shared their new 5 year Strategic Business Plan with Treasury and Resources. The Minister's approach is to balance short term dividend returns with long term sustainable growth of our strategic investments. The Council of Ministers was consulted in advance of this proposal being included in the MTFP.

JT is a company which aspires to grow sustainably over the next couple of years. Recently they have invested in Gigabit Isles and new acquisitions, like Worldstone. JT is operating in a highly competitive market place and needs to grow to maintain its market positioning and to continue to provide stable dividend returns and shareholder growth. In order to support JT's growth Strategy, a new dividend policy has been agreed from 2013 and it is also proposed that they redeem the preference shares. This will assist JT to revise their capital structure and obtaining financing from external sources to support their growth plans at competitive rates.

This is an example of the Minister's determination to manage the States' balance sheet more actively to support the more traditional emphasis on raising revenues and controlling expenditure. As the States owns 100% of JT this repurchase of shares simply exchanges shares for cash and means that expenditure proposals are able to be brought for approval in the MTFP that would not otherwise have been affordable.

5. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING THE TEACHING OF MODERN FOREIGN LANGUAGES FROM 2002 TO 2012:

Question

Following the broad support in his response to questions on 11th and 25th September 2012 for the improvement of access to modern foreign languages (MFL) in Jersey schools, will the Minister provide the following data for the period 2002-2012 –

1. the range of languages available in Jersey schools to GCSE and A/A2 levels;
2. the numbers of classes and of students taking GCSE and A/A2 level in MFL;
3. the number of students going on to study MFL at degree level;
4. a breakdown of results at GCSE and A/A2 level; and,
5. the number of MFL assistants and their timetabled use?

Answer

The information dating back to 2002 is not readily available and, given the short timescale for answering this question, it has not been possible to compile a full report, which is a significant project. The latest information is, however, provided below:

1. the range of languages available in Jersey schools to GCSE and A/A2 levels;
2. the numbers of classes and of students taking GCSE and A/A2 level in MFL;

All students take French in Key Stage 3 to the end of Year 9 GCSEs 2011-2012

A-level classes 2011-2012

3. the number of students going on to study MFL at degree level;

In the academic year 2011-2012, a total of 37 Jersey students were studying a modern foreign language at degree level out of a total of 1349 undergraduates. Courses were as follows:

There are currently 37 students enrolled for the 2012-13 academic year on a similar range of courses.

4. a breakdown of results at GCSE and A/A2 level; A-levels 2011

GCSEs 2011 (996 pupils on roll)

(A breakdown of 2012 results by subject is not yet available.)

5. the number of MFL assistants and their timetabled use?

French - 3 language assistants

10 hours Haute Vallee (hours per week) 4 hours Grainville

4 hours Les Quennevais

8 hours Le Rocquier

16 hours Hautlieu

16 hours JCG

13 hours Victoria College

Spanish - 3 language assistants

4 hours Haute Vallee

3 hours Grainville

2 hours Les Quennevais 2 hours Le Rocquier

11 hours Hautlieu

6 hours JCG

7 hours Victoria College

Italian - 1 language assistant 2 hours Grainville

3 hours Hautlieu

5 hours JCG

6. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR TREASURY AND  RESOURCES  REGARDING  THE POSSIBILITY  OF  FURTHER DISCRETIONARY FISCALSTIMULUS PROJECTS WITHIN THE MEDIUM TERM FINANCIAL PLAN:

Question

Now that the Minister has received the 2012 report of the Fiscal Policy Panel, and in the light of its negative forecast for growth of between -3% to +1% for 2012 and 2013, what consideration, if any, has the Minister given to the possibility of further discretionary fiscal stimulus projects in the Medium Term Financial Plan?

Answer

It is a shame that Deputy Southern did not attend the FPP briefing for States Members on the 1st October. The Panel usefully highlighted the extent to which fiscal stimulus is already taking place. The following table, taken from the Panel's report, shows expenditure adjusted for the timing of capital expenditure, rather than its year of allocation.

The revisions to the FPP forecasts were largely expected in the light of the continuing economic difficulties in the UK and Eurozone. The MTFP already includes significant discretionary fiscal support to the economy in the steps we have taken to identify and fund an ambitious capital programme over the next 3 years. This is combined with the measures we have taken to provide additional funding for housing schemes in 2012 and 2013 and the Parish of Trinity , which are vital infrastructure projects that also provide a timely and much needed injection into the local economy. States departments have already been asked to make rapid progress on tendering the capital schemes that have been funded in 2012 and 2013 so as to inject this spending into the local economy in a timely manner. This will help the local economy and deliver better value for money as prices are keen. We will also be reviewing other aspects of expenditure, such as repairs and maintenance for social housing to ensure that these projects are being completed in as timely a manner as possible. The jobs market has also been helped by the additional funding provided in 2012 for Back to Work schemes in a joint initiative between Economic Development and Social Security. However, in response to the FPP advice we will review our current position with colleagues and consider the options for us to go further in the way that the Panel suggests.

Bringing forward capital allocations from 2014 and 2015 may not be possible unless the States were willing to borrow or use reserves in order to finance projects early. The Treasury review of funding, as previously announced, should be designed to assist this.

The overall capital programme allocations were derived from departmental returns that focussed on critical projects for service delivery and careful consideration was given to the prioritisation of projects during the MTFP period. As recommended by the FPP, all of the projects during the MTFP period will be reviewed against the fiscal stimulus timely, temporary and targeted' principles.

The FPP report has helpfully illustrated the difficult balancing act between allocating resources to meet clearly identified spending needs in essential areas such as health, social care and job creation, supporting the economy in the short-term, and protecting the competitive system of taxation upon which our Island depends.

7. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE CAPPING OF THE POPULATION AT AROUND 100,000:

Question

Given the relatively small changes in dependency ratios produced by large increases in population revealed in the States of Jersey Statistics Unit's long-term population projections, what commitment, if any, will the Chief Minister give to maintaining the Island's population at or around 100,000?

Answer

The Statistics Unit released their long-term population projections on the 21st September, and the analysis of this model is now underway, including in relation to dependency ratios and social, economic and environmental considerations, with a view to undertaking a public consultation in the New Year, and a States Debate in July, 2013, on the Population Policy.

It is clearly premature in advance of this analysis, engagement and debate, to make a commitment as Chief Minister as to what the population should be. In the meantime, we have set a very clear direction within the Strategic Plan of limiting immigration pending the debate in July, 2013.

8. TO THE MINISTER FOR SOCIAL SECURITY BY DEPUTY G.P. SOUTHERN OF ST. HELIER

Question

Will the Minister give members a detailed breakdown of the reductions in expenditure outlined in the table on page 94 of the Annex to the draft Medium Term Financial Plan 2013 – 2015?

Answer

As can be seen from page 94 of the Annex to the draft Medium Term Financial Plan 2013 – 2015 and set out in more detail in the preceding pages 91 to 93, expenditure overall is due to increase significantly driven by the impacts of the global economic situation as well as more local matters, such as the withdrawal of LVCR, upon benefit expenditure and the cost of providing services and schemes to assist those who are unemployed arising from the changed economic situation.

There are however some reductions shown on page 94 as follows:-

Final Profile Adjustment for Transitional Relief Protection for Claimants £900,000

Final part of the phased reduction in transitional protection to claimants under the Income Support Scheme which commenced in January 2008.

Final Profile Adjustment for Automatic Stabiliser Fund for Income Support £3,500,000

This refers to 2010 Business Plan estimates of profiles of spend for Income Support and resultant changes in spend which were predicted in 2009. Since then, estimates of spend have changed and been superseded, consistent with changes in the economic situation and forecasts. Increases to Income Support taking into account the latest economic and financial forecasts are provided for elsewhere within the MTFP.

Department Savings £2,500,000 Over Achievement of CSR Savings Targets £300,000

1. The Minister willbe proposing changes to Survivor's Pension, with "grandfathering provisions" and retaining provision of Survivor's Pension for survivors with dependent children. Thereareno proposals to change Survivor's Allowance, whichispayable for the first year following the death of a spouseorcivilpartner. After allowing for the effects upon the Income Support budget,thetotalnetsavingisestimatedat,£3.6millionperannum. Thissavingwillbuildupoverthe next 10 to 15 years as the cost of protecting existing claimants diminishes and the savings will accrue to the Social Security Fund
2. At the same time as proposing changes to Survivor's Pension, the Minister will be proposing transferring the fundingof Invalid Care Allowance from the cash limit to the Social Security Fund, representing a "budget" saving of £2.2 million in cash limit terms.

3.Proposition P.56 has been agreed which requires all adults in Income Support families to have 5 years plus residency in order to receive an adult component as part of the family's Income Support award: It is anticipated that the resulting annual savings will be £600,000.

The combination of 2 & 3 above items lead to a combined saving of £2.8m to the cash limit for Social Security for 2013 , though States approval is still required for items 1 & 2

Proposed Procurement Savings £43,800 The Draft Annual Business Plan 2012 introduced savings of £3 million in 2012 and £3.5 million in 2013 from the Corporate Procurement Project as part of the CSR process. A great deal of work is being done to change procurement practices to deliver savings across the States and the figure above represents the savings to be gained by the Social Security department on insurance, energy, printing, etc.

Savings to be delivered by New Measures in Addition to CSR targets £3,000,000

Please refer to S7 on page 102 of the Medium Term Financial Plan 2013 – 2015. The Social Security Minister is considering a number of potential changes to benefits which could deliver budget reductions in addition to the Department's current CSR targets. The Department has estimated that these changes could generate a saving of £3 million from 2014.

Extend Supplementation Certainty Calculation for Period of MTFP (2013) £1,800,000 Please refer to S8 on page 102 of the Medium Term Financial Plan 2013 – 2015. Social Security ensures that eligible Jersey residents have contributions that are supplemented to a minimum published threshold. In order to manage this there is an agreed tax funded Grant that the States provides to the Social Security Fund towards this cost. The current proposal seeks to agree the formula to calculate the Grant for the 3 years of the MTFP. This formula would result in a saving against previously anticipated levels. P.89/2012 was lodged on 25 September 2012.

Remove Supplementation Contingency £600,000

Please refer to S9 on page 102 of the Medium Term Financial Plan 2013 – 2015. As a result of the proposals to amend the existing formula for the calculation of the States' contribution to the Social Security Fund to have certainty for the 3 year period of the MTFP 2013 – 2015, the existing Social Security Department's contingency for Supplementation can be removed.

9. DEPUTY J.A.N. LE FONDRÉ OF ST. LAWRENCE OF THE CHIEF MINISTER REGARDING THE PARTICIPANTS IN THE RECENT RECRUITMENT PROCESS FOR THE POST OF CHIEF EXECUTIVE:

Question

Further to the answer provided to question 7050 on 11th September 2012, could the Chief Minister provide the details as to which three Ministers took part the recruitment process for the post of Chief Executive in June 2012, and also the position/titles of any other individual participating in the interview panel and (if different) in the interview process?

Was the job advertised and, if not, why not, given the revised role? Answer

The Ministers agreed by the Council of Ministers (CoM) to lead on the recruitment process were; Senator Ian Gorst , Senator Ian Le Marquand and Deputy Andrew Green. The Panel was chaired by a member of the Jersey Appointments Commission and was supported by the Director of Human Resources.

The process which had been agreed by the CoM, Jersey Appointments Commission and the States Employment Board did not require the role to be advertised. In addition to the process adopted, the Panel added a second stage which completed an assessment of the competencies of the then Acting Chief Executive against those of the job description and the States competency framework, and included an interview with the Panel.

10. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE NUMBER OF GAMBLING LICENCES GRANTED SINCE THE ENACTMENT OF THE GAMBLING (JERSEY) LAW 2012:

Question

Will the Minister advise Members the number of gambling licences that have been granted since the enactment of the Gambling (Jersey) Law 2012 and whether he considers Jersey has performed well in this sector and, if not, explain why not?

Answer

The Gambling (Jersey) Law 2012 has not yet been brought into force and no licences can therefore be issued pursuant to that Law.

If the Deputy is referring to the amendment of the Gambling (Remote Gambling) Regulations 2008, and if his reference is to the remote gambling sector, the Deputy will be aware that the inability as yet to gain UK recognition via a Statutory Instrument to demonstrate equivalence with UK regulatory requirements (Whitelisting) has been the main reason why the remote gambling sector has not developed. The Department is working alongside the Chief Minister's Department and the Jersey Gambling Commission to demonstrate to the UK authorities that their position is discriminatory and we are hopeful that this will be remedied when the UK's Gambling Act 2005 is amended.

Consequential to this, the Jersey Gambling Commission is working to gain mutual recognition of Jersey's licensing and technical standards with other jurisdictions. To date Memoranda of Understanding have been exchanged with Denmark and Malta, with other cross-jurisdictional agreements in progress.

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

Question

Will the Minister outline what problems, if any, are being experienced at the Energy from Waste Plant and explain to Members who has responsibility for rectifying those problems and the associated costs?

Answer

The contractor, CSBC (Jersey) Limited are responsible for addressing and financing all defects and snags that are a result of design, installation or component failure. The Transport and Technical Services Department is responsible for failures of equipment if such failure is due to misuse or incorrect maintenance.

At this time over 2500 snags have been resolved. There are a further 154 outstanding snags and defects that have been identified and passed on to the contractor. This number may decrease as the snags and defects are rectified or increase as new defects manifest themselves.

These snags and defects range from items that are relatively simple to rectify such as the re-testing of the disabled refuge alarm system to items that are more complex, for example the failure of the bucket elevator.

The Energy from Waste plant is a large complicated mechanical system and the number of snags and defects is not unusual for this type of project. CSBC (Jersey) Limited has, since the beginning of the commissioning period, resolved the snags and defects at their own cost and in accordance with the contract.

There is a financial retention of 2.5% of the overall process plant cost which is held by the Transport and Technical Services department for the period of one year from the penultimate milestone payment date. The contract between CSBC (Jersey) Limited and the Minister for Transport and Technical Services is based on the "IChemE Red Book" form of contract and there are clauses in this contract that specify how snags and defects that are not addressed by the contractor may be resolved.

12. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING RESPONSES TO QUESTIONS OUTSTANDING SINCE JANUARY 2012 RELATING TO ENFORCEMENT MATTERS:

Question

Further to my written question of 17th April 2012, when does the Minister anticipate answering all my outstanding questions since January 2012 and expect to supply me with the Enforcement guidance papers he stated he would forward as soon as possible'?

Answer

Deputy Higgins tabled two written questions for the States meeting of 17th April 2012 which I answered as follows:

First Question of 17th April 2012 Question 6804:

Question

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

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

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

Answer

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

Deputy Higgins tabled a further question regarding Human Rights for the States meeting of 29th May 2012 which I answered as follows:

Question 6894:

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 of the

coming into force of the Human Rights (Jersey) Law 2000, and which they did not?

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) Law 2000 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.

Following my answer on the 29th May 2012, my department has been in contact with the Law Officers' Department and they have not identified any convention rights that are challenged by my department. They have agreed that when resources allowed, the Law Officers would investigate further what audits have been carried out in relation to the Human Rights (Jersey) Law 2000 and they will meet again in December 2012 to review the situation.

I request again that Deputy Higgins draws to my attention, or to the attention of the Law Officers Department, any convention rights that the Deputy believes are challenged by my department.

Second Question of 17th April 2012 Question 6805:

Question

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

1. the name and nature of any enforcement notices issued by the Department during

that period;

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

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

Answer

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

On the 13th June, I sent an email to Deputy Higgins (copying all States members) as follows:

From:  Robert Duhamel

Sent: 13 June 2012 17:25

To: Mike R. Higgins

Cc: All Deputies; All Constables; All Senators Subject: Outstanding States Questions

Dear Deputy Higgins

I am contacting you to update you on the progress being made in answering the following three outstanding questions that you have asked me.:

1. Question 6805: Asked on 17th April 2012 - regarding Enforcement Notices

My officers have now collated the information you requested and I attach an answer to this question.

2. Question 6640: Asked on 17th January 2012 - regarding Buildings of Local Interest

This question was broken up into five parts and I answered parts (a), (d) and (e), and some of part (c) in January. I stated in January that to provide the information requested in part (b) of the question and the remainder of part (c) would require some time and my department would produce this information as soon as it was able to do so.

I am informed by my department, that to retrieve the information you have requested will require a manual search of some 3,010 physical files. At a conservative estimate of 10 minutes per file and at a cost to the department of £40 per hour, this work would amount to over 500 hours of officer time at an approx cost of £20,000.

Given other work and priorities within my Department, it is likely be some time before we are able to answer this question as it has been asked.

3. Question 6641: Asked on 17th January 2012 - regarding Parking Spaces in the 4 districts of St Helier

I am informed by my department, that to answer this question will require a manual search of some 3,110 records and at a conservative estimate of 10 minutes per file at a cost to the department of £40 per hour, this work would amount to over 500 hours of officer time at an approx cost of £20,000.

As per question 6640, it is likely to be some time before we are able to allocate sufficient officer time to answer this question as it has been asked.

Given the above, can I suggest that we meet to review question 6640 and 6641 and explore options with my officers to provide you with the information you require.

If you are in agreement, I will ask my department to set up a meeting for us to review the above. Kind Regards

Deputy R Duhamel

Minister for Planning and Environment

I believe I have answered question 6805 and I have not received a reply from Deputy Higgins to my email and request that we set up a meeting to review question 6640 and 6641 and explore options with my officers to provide the information required.

In relation to the supply of enforcement guidance papers, I believe I provided this information in answer to question 6637 part (b) on 17th January 2012, as follows:

Question 6637

Question

(b) Will the Minister explain the process and procedures adopted in issuing enforcement notices identifying who is involved in each stage from instigation to prosecution?

Answer.

(b) The process and procedures adopted by the enforcement team are set out in the Supplementary Planning Guidance practice note no. 4, adopted by the former Minister in December 2010. This is available on the States of Jersey website and in hard copy from the department. For convenience, it is copied below.

13. DEPUTY J.A.N. LE FONDRÉ OF ST. LAWRENCE OF THE CHIEF MINISTER REGARDING THE VARIOUS GROUPS WHICH INFORM/INFLUENCE THE WORKINGS OF A DEPARTMENT, AND/OR THE DEVELOPMENT OF MINISTERIAL PROPOSALS, DECISIONS OR POLICIES:

Question

Would the Chief Minister provide full details by Department, excluding Transport and Technical Services, of any groups (for example working parties, policy, advisory, oversight groups which are either cross-departmental, of which membership comprises only/mainly States officers, or groups of which membership comprises States officers and external third parties) which inform/influence the workings of a Department, and/or development of Ministerial proposals, decisions or policies, and which have met since 1st January 2011, including the name of the group, attendees, frequency of meetings and remit?

Answer

The Guidelines for States of Jersey Departments on the recording of Ministerial Decisions clearly outline what decisions must be made by Ministers, including a decision "on a matter of policy that does not need to be referred to the Council of Ministers or States" and a decision "to allocate significant resource". It follows that all major decisions are made by Ministers and are published in accordance with the "Code of Practice on Access to Official Information" to establish a minimum standard of openness and accountability.

As to the groups that inform these decisions, those that deal with the major policy areas, for example, housing, unemployment, immigration, Children's Policy, etc, are mainly compromised of Ministers reflecting their importance. Consequently, those groups that comprise mainly Officers are primarily operational in nature, or by way of groups which support the operation of the Ministerial Groups.

It should be noted that due to the ambiguity in defining what constitutes "of which membership comprises only/mainly States officers" the information supplied should not be regarded as definitive or exhaustive. Departments have, however, provided as much information as possible in order to assist with the Deputy 's request.

Due to the cross-cutting nature of group membership some groups appear on more than one departmental list.

The prominent Officer Groups of this type are as follows:

Chief Ministers Department

Economic Development

Education, Sport and Culture Department