States Meeting Transcript - 15th January 2013

STATES OF JERSEY OFFICIAL REPORT TUESDAY, 15th JANUARY 2013

COMMUNICATIONS BY THE PRESIDING OFFICER ......................................8

1. The Bailiff :..............................................................................8

1. Welcome to Members....................................................................8
2. Church service – thanks..................................................................8
3. Deputy Viscount – appointment..........................................................8
4. Former Senator R.J. Shenton – appreciation..............................................8

APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS..........................9

2. Nomination of Deputy M. Tadier of St. Brelade as a member of the Education and Home Affairs Scrutiny Panel.............................................................9

2.1 Deputy J.M. Maçon of St. Saviour:......................................................9

QUESTION TIME...............................................................................10

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

1. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING HEALTH INSURANCE FUND PAYMENTS TO DOCTORS:............................................................................10
   2. THE CONNÉTABLE OF ST. JOHN OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE ECONOMIC BENEFIT TO THE ISLAND OF THE HANGAR8 PROJECT:...........................................................15
   3. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE CHIEF MINISTER REGARDING THE NUMBER OF J' CATEGORY PERMITS CONVERTED TO ALLOW PERMANENT RESIDENCE IN THE PAST 5 YEARS:.....................16
   4. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE GIGABIT JERSEY' PROJECT: .........................................................................................16
   5. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE RECENT SEWER REPAIRS ALONG ST. CLEMENT'S COAST ROAD: ................................17
   6. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE AVERAGE DAILY USAGE AND THE COST OF ADMINISTERING THE ISLAND'S CYCLE PATH NETWORK:....................................................................18
   7. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING WAITING TIMES FOR HOSPITAL APPOINTMENTS WITH CONSULTANTS:..........................................19

8. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE FUNDING OF NURSES' PAY AWARDS:.............................................................................20
9. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE SCREENING OF THE ENERGY FROM WASTE PLANT: ..............................................21
10. THE DEPUTY OF ST. MARTIN OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE ROADS RESURFACING SCHEDULE FOR 2013:..............................................................................22
11. DEPUTY R.J. RONDEL OF ST. HELIER OF THE MINISTER FOR HOUSING REGARDING THE DELIVERY OF AFFORDABLE HOUSING:....................22
12. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING COMPANY TAX RETURNS:....................25
13. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HOUSING REGARDING THE IMPACT THAT THE CONTINUED PAYMENT OF FUNDS TO THE TREASURY WILL HAVE ON THE ABILITY TO FUND THE HOUSING TRANSFORMATION PROJECT:.....................................................26
14. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE RECOVERY OF INCOME SUPPORT OVERPAYMENTS:....................................................................27
15. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE NEGOTIATION OF A FOREIGN ACCOUNT TAX COMPLIANCE ACT AGREEMENT WITH THE U.K. AUTHORITIES:.............28
16. DEPUTY J.H. YOUNG OF ST. BRELADE OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE PROCEDURES FOLLOWED AFTER RECEIVING THE PLANNING INSPECTOR'S REPORT IN RELATION TO PLÉMONT:............................................................................29
17. DEPUTY J.H. YOUNG OF ST. BRELADE OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE PLANNING OBLIGATION AGREEMENT ASSOCIATED WITH THE DEVELOPMENT OF THE PLÉMONT BAY HOLIDAY VILLAGE SITE:.....................................................30
18. DEPUTY J.H. YOUNG OF ST. BRELADE OF H.M. ATTORNEY GENERAL REGARDING THE LEGAL IMPACT OF THE PLANNING OBLIGATION AGREEMENT ASSOCIATED WITH THE DEVELOPMENT OF THE PLÉMONT BAY HOLIDAY VILLAGE SITE:.....................................................36
19. DEPUTY M.R. HIGGINS OF ST. HELIER OF H.M. ATTORNEY GENERAL REGARDING THE FINAL TOTAL COST OF THE LOW VALUE CONSIGNMENT RELIEF COURT CASE:...............................................................37
20. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE FINAL COST OF FAILING TO HEDGE THE EURO FOR THE ENERGY FOR WASTE PLANT:...................................37
21. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE FINAL CONTRIBUTION FROM THE FULFILMENT INDUSTRY TOWARDS THE COSTS OF THE LOW VALUE CONSIGNMENT RELIEF COURT CASE:............................................37
22. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING PATIENTS TREATED AT ORCHARD HOUSE OVER THE PAST 5 YEARS:..........................................................38

23. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE OPERATION OF THE ENERGY FROM WASTE PLANT: ..............................................................39

4. Oral Questions...........................................................................40

1. Deputy T.M. Pitman of St. Helier of the Chief Minister regarding the impact on the so called Troy ' rule of the creation of a post of Minister for External Relations: ..........40 Senator I.J Gorst (The Chief Minister):.......................................................40
   2. Deputy T.M.Pitman:...................................................................41
   3. Deputy J.H. Young of St. Brelade:......................................................41
   4. Deputy G.P. Southern of St. Helier:....................................................41
   5. Deputy G.P. Southern :..................................................................41
   6. Deputy M. Tadier of St. Brelade:.......................................................42
   7. Deputy M. Tadier :......................................................................42
   8. Deputy T.M.Pitman:...................................................................42

9. Deputy T.M.Pitman:...................................................................43

2. Deputy R.G. Le Hérissier of St. Saviour of the Minister for Social Security regarding steps to prevent over-prescribing by G.P.s:.............................................43 Senator F. du H. Le Gresley (The Minister for Social Security): ..............................43

4.2.1 Deputy R.G. Le Hérissier: ..............................................................43

3. Connétable P.J. Rondel of St. John of the Minister for Economic Development regarding a projected cost range for the Hanger8 project:.........................................44 Senator A.J.H. Maclean (The Minister for Economic Development):.........................44

1. The Connétable of St. John:............................................................44
2. Deputy M.R.Higgins:..................................................................44

3. Deputy M.R.Higgins:..................................................................44
4. Deputy J.H. Young:....................................................................44
5. Deputy G.P. Southern :..................................................................45
6. Deputy G.P. Southern :..................................................................45
7. The Connétable of St. John:............................................................45
8. The Connétable of St. John:............................................................45

9. The Connétable of St. John:............................................................46

4. Deputy M. Tadier of the Minister for Home Affairs regarding an estimate of the cost incurred by Department in respect of the surveillance, arrest, security and conviction of Curtis Warr en and associates:..........................................................46 Senator B.I. Le Marquand (The Minister for Home Affairs): .................................46

1. Deputy M. Tadier :......................................................................46
2. Deputy T.M.Pitman:...................................................................46
3. Deputy T.M.Pitman:...................................................................47
4. Deputy M.R.Higgins:..................................................................47
5. Deputy R.G. Le Hérissier: ..............................................................47
6. Deputy R.G. Le Hérissier: ..............................................................48
7. Deputy J.H. Young:....................................................................48
8. Deputy M. Tadier :......................................................................48

5. Deputy G.C.L. Baudains of St. Clement of the Minister for Planning and Environment regarding the details of a recent fish monitoring exercise undertaken in Portelet Bay:..49 Deputy R.C. Duhamel of St. Saviour (The Minister for Planning and Environment)..........49

1. Deputy G.C.L. Baudains:...............................................................49
2. Deputy R.G. Le Hérissier: ..............................................................50
3. Deputy G.C.L. Baudains:...............................................................50

6. Deputy R.J. Rondel of St. Helier of the Minister for Home Affairs regarding the total births in Jersey in 2012 against deaths: .................................................50 Senator B.I. Le Marquand (The Minister for Home Affairs): .................................50

4.6.1 Deputy R.J. Rondel:....................................................................50

7. Deputy G.P. Southern of the Minister for Housing regarding access to the details of the Housing Transformation Plan:..........................................................51 Deputy A.K.F. Green of St. Helier (The Minister for Housing):..............................51

1. Deputy G.P. Southern :..................................................................51
2. Deputy M. Tadier :......................................................................51
3. Deputy T.A. Vallois of St. Saviour:....................................................52
4. Deputy G.P. Southern :..................................................................52
5. Deputy G.P. Southern :..................................................................52

8. Deputy S.G. Luce of St. Martin of the Minister for Transport and Technical Services regarding the current condition of the Island's roads:...................................52 Deputy K.C. Lewis of St. Saviour (The Minister for Transport and Technical Services): .....52

1. The Deputy of St. Martin:..............................................................53
2. The Connétable of St. John:............................................................53
3. The Connétable of St. John:............................................................53
4. Deputy R.G. Le Hérissier: ..............................................................53
5. Deputy T.A. Vallois: ...................................................................54
6. Connétable M.P.S. Le Troquer of St. Martin:..........................................54
7. The Deputy of St. Martin:..............................................................54

9. Deputy R.J. Rondel of the Minister for Transport and Technical Services regarding the printing of the new bus timetables: .....................................................54 Deputy K.C. Lewis (The Minister for Transport and Technical Services):....................54

1. Deputy R.J. Rondel:....................................................................55
2. Deputy M. Tadier :......................................................................55
3. Deputy M. Tadier :......................................................................55

4. Deputy J.H. Young:....................................................................55
5. Deputy R.J. Rondel:....................................................................56
6. The Connétable of St. John:............................................................56

10. Deputy M. Tadier of the Attorney General regarding an estimate of the prosecution costs in respect of the conviction of Curtis Warr en and associates:...........................56 Mr. T.J. Le Cocq Q.C., H.M. Attorney General: ..............................................56

1. Deputy M. Tadier :...................................................................56
2. Deputy M.R.Higgins:...............................................................56
3. Deputy R.G. Le Hérissier:...........................................................56
4. Deputy M. Tadier :...................................................................57

11. Deputy G.P. Southern of the Chief Minister regarding the schedule for negotiating Foreign Account Tax Compliance Act agreements with the United Kingdom and United States:..................................................................................57 Senator I.J. Gorst (The Chief Minister):......................................................57

1. Deputy G.P. Southern : ..............................................................57
2. Deputy J.H. Young: .................................................................57
3. Deputy M.R.Higgins:...............................................................58
4. Deputy M.R.Higgins:...............................................................58
5. Deputy M. Tadier :...................................................................58
6. Deputy M. Tadier :...................................................................59
7. Deputy G.P. Southern : ..............................................................59

12. The Connétable of St. John of the Minister for Treasury and Resources regarding the above the cost of living charges made by the Jersey Electricity Company:..............60 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................60

1. The Connétable of St. John : .........................................................60
2. The Connétable of St. Martin : .......................................................61
3. Deputy G.P. Southern : ..............................................................61
4. Deputy M. Tadier :...................................................................61
5. The Connétable of St. John : .........................................................62

13. Deputy T.M. Pitman of the Chief Minister regarding the cost of supporting four individuals bringing actions under the Data Protection (Jersey) Law 2005, relating to the Internet:................................................................................62 Senator P.F. Routier (Assistant Chief Minister - rapporteur):.................................62

1. Deputy T.M.Pitman:................................................................63
2. Deputy T.M.Pitman:................................................................63
3. Deputy G.P. Southern : ..............................................................63
4. Deputy G.P. Southern : ..............................................................63
5. Deputy M.R.Higgins:...............................................................63
6. Deputy M.R.Higgins:...............................................................64
7. Deputy M. Tadier :...................................................................64
8. Deputy G.P. Southern : ..............................................................64
9. Deputy G.P. Southern : ..............................................................64
10. Deputy M. Tadier :................................................................65
11. Deputy T.M. Pitman: .............................................................65

14. Deputy G.C.L. Baudains of the Minister for Transport and Technical Services regarding the consultation and expenditure to date for the abandoned harbour cycle track project:65 Deputy K.C. Lewis (The Minister for Transport and Technical Services):....................65

1. Deputy G.C.L. Baudains: ............................................................66
2. Deputy J.H. Young: .................................................................66
3. Deputy G.C.L. Baudains: ............................................................66

5. Questions to Ministers without notice - The Minister for Social Security................66

1. Deputy G.P. Southern :..................................................................66 Senator F. du H. Le Gresley (The Minister for Social Security): ..............................67

1. Deputy G.P. Southern :..................................................................67
2. Deputy G.P. Southern :..................................................................67

2. Deputy S. Power of St. Brelade : ........................................................67

5.2.1 Deputy S. Power:.......................................................................68

3. Deputy R.G. Le Hérissier: ..............................................................68

5.3.1 Deputy R.G. Le Hérissier: ..............................................................68

4. The Connétable of St. John:............................................................69

5.4.1 The Connétable of St. John:............................................................69

5. The Deputy of St. Martin:..............................................................70
6. Deputy M. Tadier :......................................................................70

5.6.1 Deputy M. Tadier :......................................................................70

LUNCHTIME ADJOURNMENT PROPOSED................................................71 ADJOURNMENT................................................................................71

6. Questions to Ministers without notice - The Chief Minister............................71

1. The Connétable of St. John:............................................................71

Senator I.J. Gorst (The Chief Minister):......................................................71

1. The Connétable of St. John:............................................................71
   2. Connétable J. Gallichan of St. Mary : ...................................................72
   3. Deputy G.P. Southern :..................................................................72
   4. Deputy M. Tadier :......................................................................72

6.4.1 Deputy M. Tadier :......................................................................73

5. Deputy S.Power:.......................................................................73

6.5.1 Deputy S. Power:.......................................................................73

6. The Deputy of St. Martin:..............................................................74
7. Deputy M. Tadier :......................................................................74

6.7.1 Deputy M. Tadier :......................................................................74

8. Deputy R.G. Le Hérissier: ..............................................................75

6.8.1 Deputy R.G. Le Hérissier: ..............................................................75 Senator F. du H. Le Gresley:..................................................................75

PUBLIC BUSINESS.............................................................................76

7. Tourism Shadow Board: establishment (P.113/2012)..................................76

7.1 Senator A.J.H. Maclean (The Minister for Economic Development):...................76

1. Deputy R.G. Bryans of St. Helier:......................................................79
2. The Connétable of St. John:............................................................79
3. Deputy S.Power:.......................................................................80
4. Deputy G.C.L. Baudains:...............................................................81
5. Connétable J.M. Refault of St. Peter:...................................................81
6. Deputy T.A. Vallois: ...................................................................81
7. Deputy J.M. Maçon:....................................................................82
8. Deputy J.G. Reed of St. Ouen:..........................................................83
9. Deputy J.H. Young:....................................................................83
10. Senator P.F.C. Ozouf : ...............................................................84
11. Connétable D.J. Murphy of Grouville :...............................................85
12. Senator L.J. Farnham : ...............................................................85
13. The Deputy of St. Martin : ...........................................................86
14. Connétable S.A. Rennard of St. Saviour:............................................86
15. Deputy M. Tadier :...................................................................87
16. Senator S.C. Ferguson:..............................................................88
17. Deputy G.P. Southern : ..............................................................88
18. Senator A.J.H. Maclean:.............................................................90

8. Connétable s and other Parish officials: explanation document and new legislation (P.119/2012)..............................................................................96

8.1 Deputy M.R. Higgins:..................................................................96

1. Connétable J.L.S. Gallichan of Trinity :................................................100
2. Senator P.M. Bailhache : ..............................................................101
3. Connétable A.S. Crowcroft of St. Helier:..............................................103
4. Deputy M. Tadier :....................................................................104
5. The Connétable of St. John:...........................................................106
6. The Connétable of St. Peter:..........................................................107
7. Deputy G.C.L. Baudains:..............................................................107
8. The Deputy of St. Martin:.............................................................108
9. The Connétable of St. Mary:..........................................................108

10. The Deputy of St. Mary:............................................................109
11. Deputy T.M.Pitman:...............................................................109
12. Deputy G.P. Southern : .............................................................111
13. Deputy M.R.Higgins:..............................................................111

ADJOURNMENT..............................................................................116

[10:25]

The Roll was called and the Dean led the Assembly in Prayer. COMMUNICATIONS BY THE PRESIDING OFFICER

1. The Bailiff :

1. Welcome to Members

May I begin by welcoming Members back to the Assembly after the Christmas break? I trust that everyone is well refreshed and, in particular, I am delighted to welcome His Excellency to this first sitting. [Approbation]

2. Church service – thanks

The second matter I want to do is to thank the Dean for organising the service we have just attended; also the town choristers for singing and Reverend Graeme Hall s and Father McAuley for participating in it, so thank you very much. [Approbation]

3. Deputy Viscount – appointment

The next matter I want to raise is that as Members know, the Deputy Viscount, Mr. Peter de Gruchy, retired at the end of last year. The Viscount, with my consent, has now appointed a new Deputy Viscount and that is Advocate Mark Harris and he will be taking up his appointment on Monday, 28th January so I am sure Members will look forward to welcoming Advocate Harris as our new Deputy Viscount. [Approbation]

4. Former Senator R.J. Shenton – appreciation

I suspect that there is no one in the Island who does not know that the former Senator Dick Shenton died on 2nd January at the age of 86. Much has already been said and written about him and the many who attended his funeral on Friday heard moving and well merited tributes from his son Ben and from Monsignor Nicholas France. Breaking the mould by not standing first for Deputy , Dick Shenton was elected to the States as a Senator in 1969. Despite that being the first time he had stood for election, he topped the poll, as he was to do in the next 3 elections in which he stood. He served a continuous total of 30 years as a Senator, retiring in 1999 before coming back for a further period of just over a year in 2004 following the resignation of the late Senator Lakeman. During his time in the States, he was entrusted with the presidency of many committees. These included Health and Social Services, Defence, Establishment, Agriculture and Fisheries, Constitution in the Common Market, Island Development, Resources Recovery Board, Tourism, Broadcasting and Postal, as well as some committees of inquiry and special committees to look into various matters. He made his mark at almost all of these. At the I.D.C. (Island Development Committee), he was said by the Bailiff of the day, Sir Frank Ereaut, to have put a human face on planning and at Defence, which he assumed at a time of crisis because of criminal prosecutions involving senior police officers, he rapidly restored public confidence in the police. He was one of the most powerful orators that this Assembly has ever seen. He had, of course, great physical presence but he was much more than that. He would invariably speak without notes and he would speak from the heart. He felt passionately about matters and this came across in the way he spoke in the Assembly. His audience would be swept up in what he was saying, even if they did not instinctively agree with him. There is no doubt that he carried the day in the States on many occasions simply through the power of his oratory. Those of us who had the privilege of hearing him in full flow will long remember him. He certainly felt things strongly and he liked to have his say. I enjoyed Ben Shenton's description of political discussions of the Shenton family as being rather like a States debate where the Bailiff has completely lost control [Laughter] but oratory is no good if there is no underlying purpose to it. There was certainly purpose in Dick Shenton's case. He loved his Island passionately and he wanted to do his best for it and he was willing to stand up to anyone to defend its interests. A classic example of this was the incident at the Home Office. It was mentioned in the Jersey Evening Post recently but I think it bears repeating. He was part of a delegation of Jersey politicians which was attending the Minister at the Home Office with responsibility for the Crown Dependencies. As the delegation entered, the Minister sat down, undid his watch and ostentatiously placed it on the table in front of him. Now many might have been put off by this clear indication that the Minister was a busy man who had limited time but not Dick Shenton. He responded immediately by saying that the delegation had travelled all the way from Jersey to discuss a matter which was important to the Island and if the Minister did not have sufficient time to deal with it that day, they would leave and return another day when he did have sufficient time. The Minister was, of course, immediately shamed into retreat and the meeting progressed without time limit. Dick Shenton's other abiding political belief was the need to stand up for the ordinary Jersey man and woman. His entire political career was underpinned by this desire. As Ben Shenton mentioned also in his address at the funeral, there was regularly a queue of people waiting to see him in his office and he invariably did his best to help them. During his time in the States, he lodged some 150 propositions in his own name, many aimed at helping those whom he felt had suffered a raw deal. For his services to the Island and to charity, he was awarded an O.B.E. and also made a Knight of the Holy See for his services to the Catholic Church but much of what he did was unsung. I was told the other day of an occasion where an 8 year-old girl from the U.K. (United Kingdom) had lost both her legs after illness and the suggestion was made that she and her family should come to Jersey for a holiday. An approach was made to Dick Shenton to see if he could help. He worked behind the scenes and he managed to arrange everything free of charge, hotel accommodation, hire car, entry to the Island attractions and so on. He was there to meet the girl and her family on their arrival at the airport but he made it clear he did not want any public acknowledgement of what he had done. It was a typical example of the way that he would help other people. The Island has lost a charismatic politician who gave much of his life to serving his Island. His devoted wife Jill and his family can be justifiably proud of what he achieved and our thoughts are with them at this time. I ask Members to stand with me in his memory. That

concludes matters under A.

APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS

2. Nomination of Deputy M. Tadier of St. Brelade as a member of the Education and Home Affairs Scrutiny Panel

The Bailiff :

I am able to inform Members that the Connétable of St. Brelade has resigned from the Education and Home Affairs Scrutiny Panel. Now I understand that the Chairman of the panel may wish to make a nomination for a replacement member.

2.1 Deputy J.M. Maçon of St. Saviour :

Before I do that, I would like to thank the Constable of St. Brelade for his contribution to the Education and Home Affairs Scrutiny Panel over the past year. It has been a pleasure guiding and training him in becoming a fully-fledged member of Scrutiny and learning from such a dedicated Member of the Assembly who holds such high standards, particularly for and sometimes against himself. The Constable has proven to be a great asset to the Scrutiny function and while on the panel, the Constable has been robust at demanding evidence from Ministers, officers and witnesses and readily repeating questions until actual evidence and not opinion is provided. The Constable has added a dynamic approach to the panel and his passion for young people, which I know is a subject close to his heart, has shone through, especially when discussing the Youth Service. While naturally the panel did not want to give up the Constable, we have reluctantly accepted his resignation and wish him every success in his ongoing role on the Economic Affairs Scrutiny Panel

and fulfilling his role as Constable. I would not like to be the Minister for Economic Development who will now receive the undivided attention of such a well-trained scrutineer. On behalf of the Education and Home Affairs Panel and on behalf of the public, I would like to thank the Constable of St. Brelade, Steve Pallett, for his service [Approbation] but before the Minister for Education and Home Affairs can breathe a sigh of relief, it gives me great pleasure to be able to propose Deputy Montfort Tadier of St. Brelade to join the panel.

The Bailiff :

Is that nomination seconded? [Seconded] Are there any other nominations? Very well then. I declare that Deputy Tadier is elected to the scrutiny panel. [Approbation]

QUESTION TIME

3. Written Questions

3.1. DEPUTY  M.R.  HIGGINS  OF  ST.  HELIER  OF THE  MINISTER  FOR SOCIAL SECURITY  REGARDING  HEALTH  INSURANCE  FUND  PAYMENTS  TO DOCTORS:

Question

"Will the Minister complete two tables using the following format noting that the information will be anonymous in that each doctor will be allocated a number and those who entered or left practice in or after 2009 should appear at the end of the list and only show an aggregate figure for each year for –

1. the amount of money paid to each GP out of the States Health Insurance Fund for visits  to the doctor each year;
2. the amount of money paid to each GP out of the States Health Insurance Fund for letters  of referral for each year?"

Answer

These tables have been prepared according to the format requested in the question. It should be noted that between individual GPs there will be significant variations in funding received for several reasons including:

• The total number of hours worked per GP;
• The make- up of the patients seen by the GP - some GPs will have a higher number of elderly, under 5's or vulnerable patients.
• The  proportion  of  work  undertaken  by  the  GP  that  receives  funding  from  the  Health Insurance Fund - some services provided by GPs do not qualify for health insurance rebates.

The medical benefit rates for the three years in question are as follows:

(a)

(b)

2. THE  CONNÉTABLE  OF ST.  JOHN  OF THE  MINISTER  FOR ECONOMIC DEVELOPMENT REGARDING THE ECONOMIC BENEFIT TO THE ISLAND OF THE HANGAR8 PROJECT:

Question

Further to the Minister's answer to my question of 11th December 2012 regarding Hanger8 in which he stated that the new operation will 'pay all relevant taxes', what economic benefit, if any, will this company deliver to the Island?

Answer

• As a Jersey registered business, the company will be subject to pay relevant government taxes, as well as Parish rates and other associated company operating costs.
• There will also be increased revenue for Jersey Airport through ground lease payments, and growth in aviation income such as aircraft landing and parking fees.
• In the short term there will be construction related jobs, from the design stage through to the actual building of the new facilities, subject to the usual planning permission being granted.
• The company will also provide direct employment opportunities, in a variety of roles from administrative  to  highly  technical  maintenance  functions.  The  exact  number  of  roles  will  be determined by the company in accordance with their business needs.

• The provision of such a facility increases the existing offering for high net worth individuals to locate and hangar their aircraft in Jersey. It will also provide businesses and individuals based in the Channel Islands with access to a worldwide network of corporate aviation available through the global links provided by the new operator, Hangar8.

3. DEPUTY  R.G. LE  HÉRISSIER  OF  ST.  SAVIOUR OF THE  CHIEF  MINISTER REGARDING  THE  NUMBER  OF  J' CATEGORY PERMITS  CONVERTED  TO ALLOW PERMANENT RESIDENCE IN THE PAST 5 YEARS:

Question

How many J' category permits have, in each of the last 5 years, been converted from time limited permits  to  those  allowing  permanent  residence  and  can  a  breakdown  be  provided  of  the occupational makeup of these changed permits?

Answer

It should also be noted that just because a 1(1)(j) consent is extended from a time limited to an unlimited basis, that does not necessarily mean the individual will remain permanently resident in the Island. Indeed, the 1(1)(j) population of the Island experiences a high turnover, with up to 40% of 1(1)(j) employees leaving in any one year.

4. DEPUTY  R.G. LE  HÉRISSIER  OF ST.  SAVIOUR  OF THE  MINISTER FOR TREASURY  AND  RESOURCES  REGARDING  THE  GIGABIT  JERSEY' PROJECT:

Question

Would the Minister as representative of the shareholders confirm whether the Gigabit Jersey' project is on target in terms of predicted connections and projected costs?

How many connections have been made to date and how many were predicted? What was the anticipated cost per connection and what is the actual cost? Answer

Gigabit Jersey is a five-year programme that started in 2012 and will result in the removal of copper installed over the last 50+ years in buried ducts so that all fixed broadband services will instead be provided over fibre optic cables.

As JT is a commercial organisation working in a competitive market, it would be inappropriate to give exact costs of connection but the Board of JT remains confident that Gigabit Jersey will be delivered as scheduled by 2016 and to budget.

The fibre product is experiencing very strong consumer demand and is running ahead in terms of fibre optic cables installed in JT ducts under the road (26,115 homes passed by 31 December 2012 against a plan of 9,628) and the installation of the core network infrastructure was completed in 2012 to time and to cost. The Board of JT is now focussed on improving the delivery of the homes connected part of the programme. On 31 December 2012 this stood at 1,737 broadband homes connected against a plan of 3,505. This shortfall will be recovered over the course of the switchover.

5. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE RECENT SEWER REPAIRS ALONG ST. CLEMENT'S COAST ROAD:

Question

With regard to the recent hole in the road' in St. Clement, would the Minister advise of the projected life expectancy of the repairs, whether there is any contingency to replace the sewer and, if so, at what cost?

Would the Minister also advise whether the ten men in the photograph published in the Jersey Evening Post watching two others working in the hole in the road were public sector employees and, if so, what their job titles are?

Answer

The repair to the collapsed sewer in La Grande Route de la Cote that was carried out over the 27th and 28th of December was a temporary fix to prevent further leakage of sewage from the sewer, and to enable sewage flow to be restored and the road to be re-opened to traffic as quickly as possible.

The department is currently in discussions with contractors over a more long term remediation, although this is likely to be some form of structural lining option as was carried a few years ago on La Grande Route de la Cote between the Rice Bowl Restaurant and the Ambassadeur Hotel.

The advantage of this form of remediation is that the structural integrity and flow capacity of the original pipe can be restored without having to carry out major excavations in the road as the relining can be carried out from existing manholes. The life expectancy of this remediation option is likely to be something like 50 years.

The exact costs of this remediation option are not yet known but they are likely to be of the order of £30,000. However, a survey of downstream sections of sewer has not yet been carried out as clearance operations to remove residual debris are still ongoing. It  is possible therefore that consideration will need to be given to extending the re-lining to ensure that the risk of a further collapse is mitigated.

With regard to the ten men in the photograph featured in the JEP, these were a mix of public sector employees and employees of the private drainage contractor Brenwal. Brenwal were brought in as the department did not have sufficient experienced men available to address this emergency due to the Christmas break.

Of the ten men outside the excavation, seven were Public sector employees and three were from Brenwal. The two men in the excavation itself were also Brenwal employees.

Of the seven public sector employee's, two were Driver/Operators of Specialist Vehicles, manning a jetvac tanker which was providing a sewer cleaning support function, two were Driver/Labourers who were collecting, setting up and operating support equipment for Brenwal such as lighting and pumping.

A further public sector employee was a Drainage Leading Chargehand who was supervising the work of the aforementioned personnel and another was the Manager Drainage Infrastructure who has overall responsibility for the day to day operation of the drainage network. The final employee was the Assistant Director Drainage Infrastructure who was attending site at the time to obtain an update for media purposes.

I should add that at the time the photo was taken, excavation had reached a stage where the pipe was about to be exposed which generated an interest in all those in attendance as to how bad the damage was.

Given the short time between personnel attending the original incident and the road re-opening to traffic, I would like to take this opportunity to thank all personnel involved, both public sector and those from Brenwal, for their efforts in resolving this emergency as speedily as they did, particularly as it occurred over the Christmas period when many staff were on leave.

6. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE AVERAGE DAILY USAGE AND THE COST OF ADMINISTERING THE ISLAND'S CYCLE PATH NETWORK:

Question

Would the Minister give details of the of cycle paths his department administers, together with the estimated average daily usage by cyclists?

Answer

TTS provides a shared walking and cycle route which, with the exception of a section of Commercial Buildings by the English and French Harbours, provides a continuous cycle route between Havre des Pas and Corbiere, with a connection through Quennevais Sports Centre, alongside the airport to the southern end of St Peter's Village.

In addition to the above, the following discrete routes are also designated shared walking and cycle paths:-

The footpath on Beaumont Hill,

La Perquage Path in St Lawrence from Sandybrook to La Route de la Haule, Gorey harbour to Lavender Villa.

Ignoring pedestrian journeys, TTS survey data shows the southern coastal cycle route at West Park is used by approximately 460 cyclists between 7.30 and 9am on a fair working day reducing to about half that number on wet winter days. Interpolating from various other data the estimated total number of cyclists using that route ranges between 2400 per day on a fair summer weekday and 1200 per day on a wet winter weekday. The States' Statistical Unit 2012 Jersey Annual Social Survey shows ten percent of commuters' state they cycle to work once or more per week.

The States Sustainable Transport Policy charges TTS to improve the Island's infrastructure and to provide off road cycling and walking routes in order to facilitate and promote active travel, such that cycling and walking levels respectively increase by 100% and 20%.

7. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING WAITING TIMES FOR HOSPITAL APPOINTMENTS WITH CONSULTANTS:

Question

Would the Minister, further to the answer given on 11th December 2012, explain why over 4000 patients have to wait on average more than five months to see a hospital consultant?

Would she further explain why the average wait for General Medicine (affecting 1,094 patients) is eight months, whether she is content with these delays and, if not, explain what tangible changes are being made to remedy the situation?

Answer

HSSD absolutely recognise that some of our specialties have waiting times longer than we would wish and actions have been put in place to try and remedy this situation. The percentage of patients waiting less than 5 months, across all specialities, is 96.5%, specialties currently experiencing longer waits and their specific actions are detailed below.

Dental: An orthodontic dental officer has just been appointed and will start in February, additional clinics are also being undertaken.

Pain - Additional clinics were undertaken in December plus two additional clinics each week in 2013. All clinic profiles are being reviewed.

Trauma & Orthopaedics: HSSD has already maximised clinic slots and is currently reviewing options for a 4th consultant. It is recognised that demand for this service, which is in part related to

an aging demographic, will continue to increase. To provide expertise and flexibility, specialist consultants visit the island on an intermittent basis, this can lead to those patients with specific requirements unfortunately having an extended wait. Availability of theatre facilities is a limiting factor for this specialty which will be resolved by the new hospital, in the interim time temporary options are being explored as a matter of some urgency.

Ophthalmology: HSSD recruited a locum to undertake additional clinics in December 2012. This will be repeated in 2013 followed by a substantive Consultant appointment.

Speciality Medicine[1]: This consists of a number of specialities which is why the number waiting appears so large:

• Cardiology: A research fellow commences in February and will provide additional clinics. A review of clinic profiles is being undertaken to maximise utilisation.
• Gastroenterology: Additional clinics were undertaken in December and HSSD has now appointed a locum consultant to deliver appointments in 2013.
• Neurology: HSSD reviewed clinic profiles in 2012, maximised clinic slots and introduced an additional weekly clinic. As a result waiting times for a new appointment have reduced from 78 weeks in 2011 to 48 weeks. 280 patients were awaiting a new appointment in May 2012 has reduced to 89 patients in January 2013.

Speciality medicine is usually provided by a singular consultant, as opposed to a team of consultants this can result in capacity challenges due to annual leave, sick leave and study leave impact.

In addition to the actions outlined above HSSD is:

• undertaking a refurbishment the outpatients department during 2013 to increase flexibility in use of the consultation rooms, thus allowing increased capacity in outpatient facilities
• reviewing all outpatient waiting lists on a weekly basis to ensure clinic slots are maximised. Waiting times are impacted upon by a range of complex factors that include:
• increase in referrals: demand for outpatient appointments continues to rise This demand is driven by a number of factors including: population increase; population changes (eg: aging demographic; increase in birth rate); referral practice and patient expectations. Over 10,000 outpatient appointments are currently undertaken each month.
• unforeseen breaks in service provision: staff sickness or absence creates a backlog in waiting lists which can take months to address because of single handed provision and physical capacity.
• inter-relationship between outpatient and inpatient activity: an increase in throughput in one area has a direct impact on resources available in the other area.
• resource availability: HSSD is continually seeking ways to reduce waiting times by maximising use of current resources, including staff and facilities. Despite this however there is a trend for increased demand across HSSD services which cannot be matched by improvements in efficiency alone. The redesign and investment outlined in the White Paper will help to address this.

HSSD is committed to bringing down waiting times and will continue to work to do so.

8. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE FUNDING OF NURSES' PAY AWARDS:

Question

Would the Minister advise whether the contribution from the Health and Social Services budget' referred to by the Chief Minister in his statement on 4th December 2012 with regard to funding nurses' pay awards, includes any component from the Health Insurance Fund transfer recently approved by the Assembly?

Answer

The contribution referred to by the Chief Minister does not include any monies from the Health Insurance Fund (HIF) transfer. The budget contribution towards the nurses pay award comes from funds within HSSD's MTFP budget which were specifically earmarked for investment in nursing.

As previously reported to the Assembly, the transfer to HSSD from the HIF is to fund primary care services, for example Family Nursing and Home Care services, and is independently audited by the Treasury.

9. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE SCREENING OF THE ENERGY FROM WASTE PLANT:

Question

Would the Minister confirm that planting and other measures were to have been used to mitigate the unsightliness of the new incinerator and, if so, would he explain why this has not yet been done given that the last reason for delay given by his department (over a year ago) was that it was the wrong season?

Would the Minister further advise what action, if any, will be taken to screen the rusty containers and what seems to be a huge white plastic sheet that have appeared in recent times and when will this take place?

Answer

Approximately 5,000 trees and shrubs were planted on the mound to the East of the Energy from Waste Plant during the autumn and winter of 2011/2012 as a requirement of the overall development. Due to the exposure of the site to South and South Westerly winds and the closeness to the sea, establishing trees in the area is extremely challenging as they are repeatedly subject to strong winds and salt damage. Because of these conditions, the planting of 'Standard' trees was not possible and instead the trees were planted as transplants (approximately 50 cm's tall) rather than anything bigger. As a result it will be some time before the trees and shrubs mature and become fully noticeable.

As expected, many of the trees have suffered from the harsh conditions of the site and some trees have not survived. During the winter of 2013 more trees will be planted to replace the ones that did not survive.

The shipping containers are being used to store asbestos which has been stock piled over the last 10 years. Transport and Technical Services submitted a planning application two years ago for the transfer of the asbestos to a sealed pit at La Collette and the subsequent disposal of the containers. Unfortunately this application is still awaiting a decision by the Planning Minister. In the mean time there are no plans to carry out any screening of the containers.

The "white plastic sheet" is part of the lining system which lines the inside of the ash cells used to deposit incinerator ash. The particular cell where this lining is visible will have the sides raised to increase its capacity by July of this year which should screen it from view.

10. THE DEPUTY OF ST. MARTIN OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE ROADS RESURFACING SCHEDULE FOR 2013:

Question

Would the Minister list which roads are scheduled for resurfacing during 2013 and the estimated expenditure budgeted for that work?

Answer

£3.2 million will be spent on road resurfacing in 2013.

Full resurfacing on sections of the following roads Route de la Hougue Bie

Rue A Don

Gloucester Street and the Esplanade

Rouge Bouillon

Smaller scale resurfacing in the form of large panels La Profonde Rue

St. Peter 's Valley

La Route de St. Aubin

In addition to the above a number of pavement and footway improvements will also be carried out

11. DEPUTY R.J. RONDEL OF ST. HELIER OF THE MINISTER FOR HOUSING REGARDING THE DELIVERY OF AFFORDABLE HOUSING:

Question

Would the Minister advise the Assembly how many, if any, new homes have been delivered in 2012 and how many will be delivered as 'affordable housing' for purchase in 2013 and 2014 and on which sites?

Answer

As I have said on previous occasions the delivery of new homes, including affordable homes is not something I can control. The supply of homes is controlled by the Minister for Planning & Environment and his Department under the policies set out in the Island Plan. Delivery is carefully monitored and reported on annually by the Department of the Environment in its report on Residential Land Availability.

As the Department of the Environment is responsible for this very comprehensive and detailed report, I would suggest that the Planning Minister is the most appropriate point of reference for questions of this kind in the future. However, on this occasion, I am pleased to be able to provide the information requested and would like to record my thanks to the Planning Minister and his officers for providing the data which they will ultimately publish in the aforementioned report. According to the Department of the Environment data 48 properties reserved for purchase by first time buyers were completed in 2012 and there is potential for an additional 51 homes in the next 5 years. Tables showing the sites and the numbers of homes thereon are set out below.

I have been drawing attention to the lack of affordable housing supply for some considerable time and wrote to the Planning Minister in December 2012 commenting on that and offering some suggestions (I have not as yet had a reply). I myself have been doing all that I can as Housing Minister to develop available sites in my control, specifically:-

94 new homes have been delivered in the past 18 months - 34 at Salisbury Crescent and 60 at phase 2a & 2b Le Squez

Work on 113 new homes which will commence this month - 24 at Le Squez phase 2c, 80 at Langtry Gardens and 9 at Journeaux Court

Contracts for a further 58 new homes will be entered into in 2013 – 35 at Lesquende and

23 at the former Le Coin site in Ann Street

As sites are made available to me through the Planning system, at least another 500 social and affordable homes can be delivered by the social sector

In respect of the social housing sector overall I think it is important to acknowledge the very important role played by our Housing Trusts some of whom are keen to develop more homes where sites are available, or to acquire homes produced by developers as part of their planning obligation requirement.

Table 1

Schedule of purpose built first time buyer housing completions 2012

Table 2

Schedule of known completions due for first-time buyer housing, by type, in the next 5 years

12. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING COMPANY TAX RETURNS:

Question

Can the Minister reconcile the figures given in answers to questions in March 2011 and November 2012 which stated that company tax returns of £54.6 million in income tax had been received for the trading year 2009 from all trades other than financial intermediation (15th March 2011) and  £43 million from financial services for 2009 (6th November 2012) when a total figure of £83 million for company tax for 2009 was given on 6th November 2012?

Is the Minister able to provide the equivalent figures for the trading year 2010 along with estimates for 2011?

Given his consistent denial that the figures produced by the Statistics Unit for the overall profits for the financial services sector (£809 million for 2009, which gives an effective tax rate of 5%) cannot be used as a guide to the tax base used by the Income Tax department to assess actual tax due from the financial sector, will he inform members exactly how the differences in methodology can be used to produce a different figure for an effective tax rate?

Answer

The Deputy is not comparing like with like.

The £54.6m does not relate as the Deputy states to company tax but in fact relates to tax from all trading entities i.e. including non corporates (sole traders and partnerships) which derived profits from all trades other than financial intermediation for the year of assessment 2009.

The figure of £43m is the total tax payable in respect of all corporate entities that fall under the strict definition of a financial services company as defined within the Income Tax Law.

Therefore the sum of the two figures will not equate to the total of £83m for company tax for the year of assessment 2009.

As the Deputy will also appreciate the exact figures can change slightly as appeals are continually being settled and assessments being amended and therefore there can be a degree of variation depending on what date the statistics are provided.

I can confirm as at 9 January 2013 the figures for the 2009 year of assessment are as follows;

(*as defined in Article 3 of the Income Tax Law)

The figures for 2010 and 2011 as at 9 January 2013 are as follows;

As I  have repeated previously the data provided by the Statistics Unit  is not the appropriate information to give an accurate and effective tax rate for financial services companies. The main reasons being:-

• The Statistics Unit figures include the total profits for businesses in the finance sector (including legal and accountancy). This will differ greatly from total profits of the companies that fall within the narrow definition of financial services companies for income tax purposes meaning that the profits subject to tax will be lower.
• The Statistics Unit figures are based on an annual survey of estimated calendar year profits. Businesses are assessed to tax on their profits arising in their financial period ending in the year of assessment so these periods may not be co-terminus.
• The Statistics Unit figures will also include International Business Company profits that fall within their definition of finance sector businesses. The profits of these businesses will have been