States Meeting Transcript - 16th April 2013

STATES OF JERSEY

OFFICIAL REPORT

TUESDAY, 16th APRIL 2013

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

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

1. THE CONNÉTABLE OF ST. JOHN TO THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING UPDATES TO THE ROAD TRAFFIC (JERSEY) LAW 1956 RELATING TO TRACTORS:...................................8
2. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR TO THE CHIEF MINISTER REGARDING THE PUBLICATION OF PUBLIC SECTOR SALARIES OVER £100,000 : ...............................................................................8
   3. THE CONNÉTABLE OF ST. JOHN TO THE MINISTER FOR HOME AFFAIRS REGARDING A REDUCTION IN JERSEY'S CONTRIBUTION TO UK DEFENCE:.9
   4. THE CONNÉTABLE OF ST. JOHN TO THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE COSTS ASSOCIATED WITH USING SALT ON THE ROADS WHEN IT SNOWS:..........................................10
   5. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT TO H.M. ATTORNEY GENERAL REGARDING LEGAL PROTECTION FOR PLANNING APPLICATION PANEL MEMBERS:............................................................................11
   6. DEPUTY G.C.L. BAUDAINS TO THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE SUPPLY OF SUPER UNLEADED FUEL TO THE ISLAND:....12
   7. DEPUTY G.C.L. BAUDAINS THE MINISTER FOR HOUSING REGARDING THE REDEVELOPMENT OF LE SQUEZ:..................................................12
   8. DEPUTY G.C.L. BAUDAINS TO THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE EVALUATION OF PROJECTS FOR FISCAL STIMULUS:............................................................................14
   9. DEPUTY G.C.L. BAUDAINS TO THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE BUS SERVICE: ......................15
   10. DEPUTY M.R. HIGGINS OF ST. HELIER TO H.M. ATTORNEY GENERAL REGARDING PUBLIC OFFICIALS WHO FAIL TO INVESTIGATE ALLEGATIONS AGAINST COLLEGUES:..............................................................19
   11. DEPUTY M.R. HIGGINS TO H.M. ATTORNEY GENERAL REGARDING POLICE INVESTIGATIONS:...................................................................19
   12. DEPUTY M.R. HIGGINS TO H.M. ATTORNEY GENERAL REGARDING THE STATUS OF THE POLICE ASSOCIATION AS A PUBLIC BODY:..................20
   13. DEPUTY M.R. HIGGINS TO THE MINISTER FOR HOUSING REGARDING THE

IMPACT OF THE HOUSING TRANSFORMATION PROGRAMME RENT INCREASE PROPOSALS ON BOTH INFLATION AND DEFLATION:.............21

14. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR TO THE MINISTER FOR SOCIAL SECURITY REGARDING THE SUSTAINABILITY OF INCOME SUPPORT EXPENDITURE: ......................................................................22

15. DEPUTY R.G. LE HÉRISSIER TO THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE ACCOUNTABILITY OF THE BOARD OF J.T. : 23
16. DEPUTY J.M. MAÇON OF ST. SAVIOUR TO THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE CURRENT OPERATIONAL STATUS OF THE ENERGY FROM WASTE PLAN: .................................24
17. DEPUTY G.P. SOUTHERN OF ST. HELIER TO THE CHIEF MINISTER REGARDING THE IMPACT OF INDEX LINKING SOCIAL RENTS ON UNDERLYING INFLATION:.........................................................25
18. DEPUTY G.P. SOUTHERN TO THE MINISTER FOR HOUSING REGARDING FUTURE DEMANDS FOR SOCIAL RENTED ACCOMODATION:.................26
19. DEPUTY G.P. SOUTHERN TO THE MINISTER FOR HOUSING REGARDING FAIR RENTS FOR THE FULL RANGE OF SOCIAL RENTAL PROPERTIES:............26
20. DEPUTY G.P. SOUTHERN TO THE MINISTER FOR HOUSING REGARDING INCREASED RENTAL INCOME:....................................................28
21. DEPUTY M. TADIER OF ST. BRELADE TO THE CHAIRMAN OF THE COMITÉ DES CONNÉTABLES REGARDING ATTENDANCE AT PARISH MEETING: ....29
22. DEPUTY M. TADIER TO THE MINISTER FOR TREASURY AND RESOURCES REGARDING HOUSING PROJECTS COMPLETED WITH FISCAL STIMULUS FUNDING:.............................................................................30
23. DEPUTY T.A. VALLOIS OF ST. SAVIOUR TO THE CHIEF MINISTER REGARDING THE ROLES PLAYED BY SENIOR CIVIL SERVANTS IN THE REFORM OF THE PUBLIC SECTOR: ................................................32
24. DEPUTY T.A. VALLOIS TO THE MINISTER FOR HOUSING REGARDING THE DEVELOPMENT OF SOCIAL HOUSING UNITS SINCE THE BEGINNING OF RENT REBATE/ABATEMENT:......................................................33
25. DEPUTY T.A. VALLOIS TO THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING INCREASES IN BOWEL DISEASES:....................34
26. DEPUTY T.A. VALLOIS TO THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE FUNDING OF THE INTEGRATED CARE RECORD PROJECT:..............................................................................35
27. DEPUTY J.H. YOUNG OF ST. BRELADE TO THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE PROPOSED TRANSFER OF LAND AT THE PLÉMONT HOLIDAY VILLAGE EITHER TO PUBLIC OWNERSHIP OR TO AN APPROPRIATE BODY OR TRUST FOR PUBLIC ACCESS:........................37
28. DEPUTY J.H. YOUNG TO THE MINISTER FOR PLANNING AND ENVIRONMENT

REGARDING THE PROPOSED TRANSFER OF LAND FROM THE OWNERS OF THE PLÉMONT HOLIDAY VILLAGE TO AN APPROPRIATE BODY OR TRUST: .........................................................................................38

29. DEPUTY G.P. SOUTHERN OF ST. HELIER TO THE MINISTER FOR HOUSING REGARDING THE FINDINGS OF THE 2012 HOUSING AFFORDABILITY SURVEY AND THE BETTER LIFE INDEX 2013:....................................39

2. Oral Questions...........................................................................40

1. Deputy G.P. Southern of St. Helier of the Chief Minister regarding the introduction of a Jersey equivalent to Transfer of Undertakings Protection of Employment (TUPE) Regulations: ............................................................................40 Senator I.J. Gorst (The Chief Minister):......................................................40

1. Deputy G.P. Southern :..................................................................40
2. Deputy G.P. Southern :..................................................................40
3. Deputy M.R. Higgins of St. Helier:.....................................................41

4. Deputy G.P. Southern :..................................................................41

2. Deputy M.R. Higgins of the Minister for Economic Development regarding the full costs ofthe legal action against H.M. Government over the removal of Low Value Consignment Relief:....................................................................41 Senator A.J.H. Maclean (The Minister for Economic Development):.........................42

1. Deputy M.R. Higgins:..................................................................42
2. Deputy R.G. Le Hérissier of St. Saviour:...............................................42
3. Deputy M.R.Higgins:..................................................................42

3. Deputy J.H. Young of St. Brelade of the Minister for Planning and Environment regarding the shortfall in the supply ofCategory A' and affordable homes:............42 Deputy R.C. Duhamel of St. Saviour (The Minister for Planning and Environment):.........43

1. Deputy J.H. Young:....................................................................43
2. Deputy K.L. Moore of St. Peter:........................................................43
3. Deputy J.H. Young:....................................................................43
   4. Deputy M. Tadier of St. Brelade of the Vice-Chairman of Comité des Connétable s regarding the continuation of the unpaid role of Constable if no longer ex officio' members of the States in future:........................................................44 Connétable D.J. Murphy of Grouville (Vice-Chairman, Comité des Connétable s): ...........44

2.4.1 Deputy M. Tadier :......................................................................44

5. Deputy R.G. Le Hérissier of the Minister for Treasury and Resources regarding the number of domestic connections required to ensure the viability ofthe Gigabit project:44 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................44

1. Deputy R.G. Le Hérissier: ..............................................................45
2. Connétable P.J. Rondel of St. John : ....................................................45
3. The Connétable of St. John:............................................................45
4. Deputy M.R.Higgins:..................................................................45
5. Senator S.C. Ferguson:.................................................................46
6. Deputy M. Tadier :......................................................................46
7. Deputy R.G. Le Hérissier: ..............................................................46

6. Deputy G.C.L. Baudains of St. Clement of the Minister for Transport and Technical Services regarding the quality of road resurfacing and trench reinstatement by utility companies: .............................................................................47 Deputy K.C. Lewis of St. Saviour (The Minister for Transport and Technical Services): .....47

1. Deputy G.C.L. Baudains:...............................................................47
2. The Connétable of St. John:............................................................47
3. Deputy T.A. Vallois of St. Saviour:....................................................47
4. Deputy T.A. Vallois: ...................................................................48
5. Senator S.C. Ferguson:.................................................................48
6. Senator S.C. Ferguson:.................................................................48
7. Deputy G.C.L. Baudains:...............................................................48

7. The Connétable of St. John of the Minister for Treasury and Resources regarding the use of Departmental underspends to extend mains drains across the Island: ................48 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................48

1. The Connétable of St. John:............................................................49
2. Deputy T.M. Pitman of St. Helier:......................................................49
3. The Connétable of St. John:............................................................50

8. The Connétable of Grouville of the Chief Minister regarding the Foreign Account Tax Compliance Act agreements between the United Kingdom and United States

governments:...........................................................................50 Senator I.J. Gorst (The Chief Minister):......................................................50

1. The Connétable of Grouville :...........................................................51
2. Deputy M.R.Higgins:..................................................................51

3. Deputy M.R.Higgins:..................................................................51
4. The Connétable of St. John:............................................................51

5. The Connétable of Grouville :...........................................................52

9. Deputy T.A. Vallois of the Minister for Treasury and Resources regarding the reform of the public sector: .......................................................................52 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................52

1. Deputy T.A. Vallois: ...................................................................53
2. Senator S.C. Ferguson:.................................................................53
3. Senator S.C. Ferguson:.................................................................53
4. Deputy J.H. Young:....................................................................54
5. Deputy G.C.L. Baudains:...............................................................54
6. Deputy T.A. Vallois: ...................................................................54

10. Deputy J.A. Hilton of St. Helier of the Minister for Economic Development regarding the use of non-locally qualified licenses:................................................55 Senator A.J.H. Maclean (The Minister for Economic Development):.........................55

1. Deputy J.A. Hilton:..................................................................55
2. Deputy J.A. Martin of St. Helier:....................................................56
3. Connétable A.S. Crowcroft of St. Helier : ............................................56
4. Deputy R.G. Le Hérissier:...........................................................56
5. Deputy G.C.L. Baudains: ............................................................57
6. Deputy T.M.Pitman:................................................................57
7. Deputy J.A. Hilton:..................................................................58

11. Deputy T.M. Pitman of the Chairman of the Privileges and Procedures Committee regarding complaints from the public relating to alleged data protection breaches involving the Assistant Chief Minister:.................................................58 The Connétable of St. Helier (Chairman, Privileges and Procedures Committee):............58

1. Deputy T.M.Pitman:................................................................58
2. Deputy G.P. Southern : ..............................................................59
3. Deputy T.M.Pitman:................................................................59

12. Deputy R.G. Le Hérissier of the Minister for Economic Development regarding the McKinsey study into the future of Jersey's Finance industry............................59 Senator A.J.H. Maclean (The Minister for Economic Development):.........................59

1. Deputy R.G. Le Hérissier:...........................................................59
2. Deputy M.R.Higgins:...............................................................59
3. Deputy M.R.Higgins:...............................................................60
4. Deputy R.G. Le Hérissier:...........................................................60

13. The Connétable of St. John of the Minister for Health and Social Services regarding succession planning for the Chief Ambulance Officer's position: ......................61 Deputy A.E. Pryke of Trinity (The Minister for Health and Social Services):.................61

1. The Connétable of St. John : .........................................................61
2. The Connétable of St. John : .........................................................61
3. Connétable D.W. Mezbourian of St. Lawrence:......................................62
4. Deputy R.G. Le Hérissier:...........................................................62
5. Deputy R.G. Le Hérissier:...........................................................62
6. Deputy J.G. Reed of St. Ouen : ......................................................62
7. Deputy S.G. Luce of St. Martin:.....................................................62
8. Senator S.C. Ferguson:..............................................................63
9. The Connétable of St. John : .........................................................63

14. Deputy M.R. Higgins of the Chairman of Privileges and Procedures Committee regarding the Venice Commission's guidelines on voter equity: ........................63 The Connétable of St. Helier (Chairman, Privileges and Procedures Committee):............63

1. Deputy M.R.Higgins:...............................................................63
2. Senator S.C. Ferguson:..............................................................64
3. Senator S.C. Ferguson:..............................................................64
4. Senator P.F.C. Ozouf : ...............................................................64

15. Deputy G.P. Southern of the Minister for Housing regarding the rationale underpinning the use of 90 per cent of market rents as the basis for social or affordable rents in Jersey: 64

Deputy A.K.F. Green of St. Helier (The Minister for Housing):..............................64

1. Deputy G.P. Southern : ..............................................................65
2. Deputy G.P. Southern : ..............................................................65
3. Deputy M. Tadier :...................................................................65
4. Deputy M. Tadier :...................................................................66
5. Deputy G.P. Southern : ..............................................................66
6. Deputy G.P. Southern : ..............................................................66

ADJOURNMENT................................................................................66 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................67

1. Deputy G.C.L. Baudains: ............................................................67
2. Deputy R.G. Le Hérissier:...........................................................68
3. Deputy R.G. Le Hérissier:...........................................................68
4. Deputy G.P. Southern : ..............................................................68
5. Deputy G.C.L. Baudains: ............................................................68

17. Deputy J.H. Young of the Minister for Treasury and Resources regarding the refurbishment of Maritime House for the occupation of the Jersey Property Holding Department:............................................................................69 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................69

1. Deputy J.H. Young: .................................................................69
2. Deputy J.H. Young: .................................................................70
3. Deputy R.G. Le Hérissier:...........................................................70
4. Deputy J.A. Martin: .................................................................70
5. Deputy M. Tadier :...................................................................71
6. Deputy J.H. Young: .................................................................71

18. Deputy M. Tadier of the Chief Minister regarding consultation between Ministers and Constables should the latter no longer be members of the Assembly in the future:......71 Senator I.J. Gorst (The Chief Minister):......................................................72

1. Deputy M. Tadier :...................................................................72
2. Deputy M. Tadier :...................................................................72
3. Deputy M.R.Higgins:...............................................................72

3. Questions to Ministers without notice - The Minister for Housing....................73

1. Deputy G.P. Southern :..................................................................73 Deputy A.K.F. Green (The Minister for Housing):............................................73

1. Deputy G.P. Southern :..................................................................73
   2. Deputy S. Power of St. Brelade : ........................................................73
   3. The Deputy of St. Peter : ................................................................74
   4. Deputy M. Tadier :......................................................................74
   5. Deputy T.A. Vallois: ...................................................................74

3.5.1 Deputy T.A. Vallois: ...................................................................75

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

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

7. Deputy J.M. Le Bailly of St. Mary:.....................................................75
8. Deputy S.Power:.......................................................................76
9. Deputy J.A. Martin:....................................................................76

4. Questions to Ministers without notice - The Minister for Planning and Environment ...........................................................................................76

1. Deputy J.H. Young:....................................................................76 Deputy R.C. Duhamel (The Minister for Planning and Environment): ........................76
2. Deputy J.A. Martin:....................................................................77

4.2.1 Deputy J.A. Martin:....................................................................77

3. The Deputy of St. Mary:................................................................77
4. The Connétable of St. Helier:...........................................................77

4.4.1 The Connétable of St. Helier:...........................................................78

5. Senator S.C. Ferguson:.................................................................78
6. Deputy T.M.Pitman:...................................................................78
7. Deputy M. Tadier :......................................................................78
8. Deputy J.A. Hilton:.....................................................................78
9. The Deputy of St. Ouen................................................................79
10. Deputy S. Pinel of St. Clement : ........................................................79
11. Deputy J.A. Martin:....................................................................79
12. The Deputy of St. Martin...............................................................80
13. Deputy J.H. Young:....................................................................80
14. Deputy M. Tadier :......................................................................80

PUBLIC BUSINESS.............................................................................80

5. Starter Home Deposit Loan Scheme (P.131/2012)......................................81

1. Senator P.F.C. Ozouf (The Minister for Treasury and Resources):......................81

1. The Deputy of St. Ouen:................................................................84

LUNCHEON ADJOURNMENT PROPOSED..................................................86 LUNCHEON ADJOURNMENT................................................................86

2. Connétable M.P.S. Le Troquer of St. Martin:...........................................86
3. Deputy J.A. Martin:....................................................................87
4. Deputy M. Tadier :......................................................................88
5. Senator A. Breckon: ....................................................................89
6. Deputy G.P. Southern :..................................................................90

2. Starter Home Deposit Loan Scheme (P.131/2012) - proposed reference back.........90

1. Deputy G.P. Southern :..................................................................91
2. Senator P.F.C. Ozouf :..................................................................91
3. Senator S.C. Ferguson:.................................................................93
4. Deputy A.K.F. Green:..................................................................94
5. Deputy M.R.Higgins:..................................................................95
6. Deputy J.H. Young:....................................................................95
7. Senator I.J. Gorst :......................................................................96
8. The Connétable of St. John:............................................................96
9. The Deputy of St. Mary:................................................................97

10. Connétable J. Gallichan of St. Mary:................................................97
11. Deputy G.P. Southern : ..............................................................97

3. Starter Home Deposit Loan Scheme (P.131/2012) - resumption.......................99

1. Deputy R.C. Duhamel: .................................................................99
2. Deputy A.K.F. Green:.................................................................100
3. Senator S.C. Ferguson:................................................................102
4. Senator P.F. Routier: ..................................................................104
5. The Connétable of St. Lawrence:......................................................104
6. Deputy J.H. Young:...................................................................105 Mr. H. Sharp Q.C., H.M. Solicitor General:.................................................106 The Deputy of St. Ouen:....................................................................106 Deputy S.Power:............................................................................107 Deputy J.H. Young:.........................................................................107
7. Senator F. du H. Le Gresley:..........................................................108
8. Deputy G.C.L. Baudains:..............................................................110
9. Deputy S.Power:......................................................................110
10. Senator P.F.C. Ozouf : ..............................................................111

6. Island Plan 2011: wind-farms (P.27/2013):............................................119

6.1 Deputy G.C.L. Baudains:..............................................................119

6.1.1 Deputy R.C. Duhamel: ................................................................123

ADJOURNMENT..............................................................................126

[9:30]

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

1.Written Questions

1. THE CONNÉTABLE OF ST. JOHN TO THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING UPDATES TO THE ROAD TRAFFIC (JERSEY) LAW 1956 RELATING TO TRACTORS:

Question

Could the Minister indicate what law drafting time, if any, has been put aside to review the Road Traffic (Jersey) Law 1956, specifically any reference to tractors and, if none, will he undertake to review the law, given that the size, horse power and use of such vehicles in the Island has changed dramatically and the legislation has not kept pace with these changes?

Answer

No law drafting time has been set aside to review the Road Traffic (Jersey) Law 1956. While reviewing the legislation has been an aim for some time, other priority commitments have precluded the required resources from being available to carry out such a review, consult as appropriate and prepare the necessary law drafting instructions.

In 2011, I chaired a group that carried out a review of the use of agricultural tractors. Unfortunately, due to resignations from the States and the elections, I am the sole surviving Member from the group. Good work was done, however, and I hope that the recommendations made by the group can be formalised and taken forward within the next 12 months.

Similarly, the Road Safety Strategy will consider aspects of driver licensing and training which if adopted will require changes to the legislation. While it is difficult to predict how significant the changes to legislation might be, I would expect that I will have to seek law drafting time to implement these changes.

2. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR TO THE CHIEF MINISTER REGARDING THE PUBLICATION OF PUBLIC SECTOR SALARIES OVER £100,000 :

Question

When is it intended to present the next activity report relating to public sector salaries over £100,000 (as agreed in p.59/2011)?

Answer

P.59/2011 requires the States Employment Board (SEB) to make a quarterly report on applications for the recruitment to appointments with salaries over £100,000. The last report presented in March 2012 covered applications made during 2011.

There had been insufficient activity to merit reporting on a quarterly basis, a judgement was therefore made to report on an annual basis. The P.59 report for 2012 is due to be reviewed by the SEB at their next meeting in May and will be presented to the States as soon as possible thereafter. SEB will also review the reporting time basis.

3. THE CONNÉTABLE OF ST. JOHN TO THE MINISTER FOR HOME AFFAIRS REGARDING A REDUCTION IN JERSEY'S CONTRIBUTION TO UK DEFENCE: Question

Further to the UK government's intention to make large cuts in its defence budget, what action, if any, is being taken to reduce Jersey's contribution to UK defence and, if none, why not?

Answer

The arrangements for Jersey's voluntary contribution toward the UK Government's international representation, defence and assistance to citizens abroad are set out in the current inter- governmental agreement approved in November 1988.

The current agreement is for the provision of a Territorial Army Engineer Squadron. There are no current proposals to review the general commitment to the provision of the Squadron. The Island continues to enjoy substantial benefits from being represented by the UK through some 150 Embassies worldwide and in many international forums, from consular assistance to British nationals overseas and through support for Jersey businesses in other countries.

In my view, an overall view needs to be taken of our relationship with the UK Government and any decisions in relation to the review of the principle of our commitment to the Inter Governmental Agreement should fully take this into account.

The current Inter Governmental Agreement is a voluntary commitment not linked in any way to the overall UK Government Defence expenditure. Accordingly, it is not based upon any percentage basis of that and, in particular, is not based upon any pro rata share based upon relative population or relative tax income. Indeed, if it were based on either of these then the contribution would have increased in past years.

The significance of Jersey's contribution is not just financial, but much more importantly it provides a practical means by which Jersey men and women can have a direct and important role as part of Britain's armed forces, giving active service in conflicts in other countries.

In practice,  the Home Affairs Department  keeps a close watch upon the cost of running the Squadron as is shown by the costs in recent years. The figures below exclude the cost of the provision of the IMLO post, the functions of which have now been transferred to the Lieutenant Governor's Department.

The advantage to the Island of providing a defence contribution, which is locally based, is clear from the fact that nearly half of the costs of running the Squadron is spent locally. There are also other  significant benefits  to  the  Island  in  having  a  locally  based  Territorial  Army  Engineer Squadron based in the Island in terms of links with the UK military, availability of skills to assist with a major civil emergency and training and work experience for locally based people.

Guernsey and the Isle of Man also  make equivalent contributions  in different  ways  for their international representation, defence and consular assistance, and as far as I know they have no intention of cutting back on their contributions.

The final decision in relation to the provision of an Island contribution towards the UK defence budget rests with the States Assembly. However, it should be noted that this Assembly approved the continued financing of our TA Squadron for 2013-2015 as recently as September 2012 and this with full knowledge of the UK Government's intent to reduce its Defence budget.

4. THE CONNÉTABLE OF ST. JOHN TO THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE COSTS ASSOCIATED WITH USING SALT ON THE ROADS WHEN IT SNOWS:

Question

Will the Minister provide details for the last three years of the volume and costs of providing salt to spread on roads when it snows, and advise why sand/grit is no longer used, despite the fact that this is readily available?

Does the Transport and Technical Services Department mitigate the impact that salt has on the water course, particularly where well/boreholes are next to the highway and, if so, how?

Answer

Over the last three years TTS has used approximately 200 tonne of road salt. 140 tonne was used this winter with approximately 60 ton used over the winter of 2011/2012 and no significant amount used during 2010/2011.

The road salt is applied at a rate of 20 – 40 g/m2 for snow covered surfaces and a reduced rate is used for frost and ice.

The last purchase of road salt was made in 2010 when 150 tonne was ordered at a cost of £165 per tonne (£24,750 in total). At present the Department has 60 tonne in store and plans to re-order in the order of 150 tonne mid-year when the price is usually at its lowest.

Until the early 1990s, the Department in its former guises of Public Building and Works and PSd had traditionally used grit removed from the East Coast beach area on receipt of snow/ice warnings from the Met Office. The consistency of this product was excellent and, as it had been freshly removed from the beach, the salt it contained assisted its effect on the roads.

Following environmental advice this practice was stopped as the areas of extraction were then recognised as being environmentally sensitive both in terms of disturbance to the natural breeding habitat of marine life and due to the alteration of beach profiles. Permission would not now be granted by the Department of the Environment for extraction of sand/grit from the Island's beaches for this purpose.

The Department then used sand/grit purchased  from local commercial sand pits  however this proved to be less effective with problems of consistency (lumps), effectiveness and the mess it left on the roads after the snow which required  mechanised road sweeping. The Department also suffered significant blockages to road drainage systems as a result of the grit.

As a result, the Department moved to the use of salt spinners approximately 12 years ago. The new machinery provides precise control of the amount of salt being spread to balance effectiveness in varying conditions with environmental considerations. The Department uses the salt sparingly and only where required when health and safety of road users is at risk.

In respect of potential pollution, many coastal boreholes around Jersey have a large salt input due to sea water intrusion. During snow conditions, the winter and snow melt will provide a large element of dilution'. Environmental Protection has not received any reported pollution events related to salt usage on roads. If received, the section would investigate these under the Water Pollution (Jersey) Law 2000.

5. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT TO H.M. ATTORNEY GENERAL REGARDING LEGAL PROTECTION FOR PLANNING APPLICATION PANEL MEMBERS:

Question

Would H.M. Attorney General give an update on the issue of legal protection for Planning Application Panel members and indicate when he expects this matter to be resolved?

Answer

I understand that the matter is being actively considered by the Environment Department with a view to providing the Law Draftsman with instructions on a possible amendment to the Planning and Building (Jersey) Law 2002.

6. DEPUTY G.C.L. BAUDAINS TO THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE SUPPLY OF SUPER UNLEADED FUEL TO THE ISLAND:

Question

Given that the fuel suppliers ceased importing Super Unleaded fuel some six weeks ago (but subsequently agreed to import limited supplies by ferry for those motorists who needed it) and that many forecourts have now exhausted their supplies, will the Minister advise motorists where Super Unleaded fuel can now be obtained?

Answer

Following the announcement that Super Unleaded fuel is to be withdrawn from the Channel Island market Fuel Supplies (C.I.) Limited, which is owned by the RUBiS Group, has been working on solutions for those customers most affected by the decision.

The solution is the fuel will be imported by road tanker and/or isotank and delivered directly to selected RUBiS retailers. Fuel Supplies (C.I.) Limited is currently finalising the supply logistics between several third parties on the purchase and transport of the product from France. These imports will take place as soon as the existing stocks at the forecourts will have ended (expected end April 2013).

Fuel Supplies (C.I.) Limited is also working fuel retailers, which includes agreeing a contractual framework, developing new procedures and identifying appropriate storage capacity. Until these negotiations are complete Fuel Supplies (C.I.) Limited are unable to provide the forecourt names who are will stock Super Unleaded. However, Fuel Supplies (C.I.) hopes to release this information in due course but not until all of the details are agreed between the relevant parties.

Fuel Supplies (C.I.) has been working with motoring organisations, government representatives and other fuel importers and distributers to limit the inconvenience to Channel Island customers following the decision to withdraw Super Unleaded fuel from general supply.

7. DEPUTY G.C.L. BAUDAINS THE MINISTER FOR HOUSING REGARDING THE REDEVELOPMENT OF LE SQUEZ:

Question

Would the Minister advise, with regard to the redevelopment at Le Squez -

1. how many times the plans have been changed in the last five years;
2. how many times in the last year architects have made major revisions to the scheme, when and at what cost; and,
3. the latest proposed densitycompared with the original density. Answer

The regeneration of Le Squez and Le Marais was approved by the States in 2004. Since that time the area has seen a number of new phases of development which have provided both new social rented homes and opportunities for low cost homeownership. These have transformed the area.

a) During the 5 year period to April 2013 Phase 2 of the Le Squez development was commenced and 60 new homes completed.

The remaining element of Phase 2 was identified as having potential for redesign to improve the economic viability of the project by increasing the number of homes to respond to changing needs. This redesigned element has become Phase 2c & has resulted in a 50% increase in unit numbers on that part of the site to now provide 24 homes a number of which have been purpose designed for the disabled.

b)

The Master Plan proposals for the Le Squez development have only recently been revised and for a number of reasons, which include:-

accelerating completion of the scheme into 2 phases rather than the proposed 8; and

adjusting the proposed types and mix of homes to reflect current and projected housing need; and

increasing the number of homes to be developed to 137 from 124; and

providing an opportunity for at least 1 group home and 1 additional large purpose built disabled unit; and

responding to the changing requirements of the School which is to become double form entry and requires larger amenity spaces; and

providing for the Number 15 Bus to enter Le Squez on School Road and exist via Rue de Maupertuis ensuring that residents continue to benefit from this important transport link.

but without impacting on key objectives of the Regeneration Master Plan such as:-

Improving pedestrian links through the estate; and

Removing the flow of through traffic; and

Providing the School with a safe direct access into the FB Fields; and Providing homes with high levels of sustainability; and

Providing enhanced play provision for young people.

The cost of completing these Master Plan alterations is £14,574.43 which when compared to the overall Gross Development Cost of c. £30m represents less than half of one per cent.

c) Prior to redevelopment the estate had 176 homes representing a density of at 42 dwellings per hectare (dph). As the Master Plan has evolved the site density has intensified. The first development proposals were for 185 mixed units of accommodation at 45 dph, with the alterations to phase 2 came an increase in density to 48 dph. The most recent Master Plan iteration aims to deliver 53dph.

Phase 2c is currently underway, this is will see the delivery of 24 new rental homes in June 2014

The procurement of a design team to lead the development of the regeneration project to completion (phases 3 & 4) is presently underway.

The Le Squez regeneration scheme and other projects underway or planned will provide much needed social housing, while also giving a welcome boost to the construction industry.

8. DEPUTY G.C.L. BAUDAINS TO THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE EVALUATION OF PROJECTS FOR FISCAL STIMULUS:

Question

Would the Minister explain what criteria and processes, if any, he employs when evaluating projects for stimulus purposes and how he avoids such stimulus simply disappearing straight out of the Island via supplies of commodity or technical expertise?

Answer

In assessing any projects for stimulus purposes, projects are measured against the 3T's criteria, and assessed in terms of the overall economic impact and ability to obtain value for money.

These criteria and processes were developed to deliver the Economic Stimulus Plan (known as Fiscal Stimulus) as approved by the States in P55/2009 and were advised for use by the Fiscal Policy Panel.

The 3T's are summarised as:

• Timely: Action should start immediately, and spent while the economy is in recession.
• Targeted: Policy should hit the intended target whether it is to support activity and employment in the Island, support those adversely affected by the downturn or implement projects which have intrinsic benefit.
• Temporary: There should be no negative long term implications for public finances.

The criteria for approving fiscal stimulus projects clearly required the targeting of spending on Island as far as could be achieved. In assessing any stimulus projects priority was given to those projects which had the highest content of local labour. Tender opportunities were restricted to on Island companies and suppliers had to demonstrate that they were employing locally qualified people.

It is useful to refer to R.67/201, Fiscal Stimulus: Financial and Performance Review which provides details of the processes, projects and achievements of the previous Stimulus Programme.

In addition to the £44 million original Fiscal Stimulus project the States approved £27.1 million of funding for Housing schemes under P.40/2012, Social Housing Schemes: Funding. As the international economic downturn has lasted longer than hoped the Council of Ministers has continued with a number of economic stimulus and job creation initiatives. The criteria and processes of the 3T's are being applied to these projects to ensure support to the local economy is maximised. Moreover during the course of all original Fiscal Stimulus projects there companies were required as part of the tender process to demonstrate the use of on Island Labour. This was assessed as part of awarding the contract and was monitored during the project to ensure it was being complied with.

The  policy  initiative  developed  by  Corporate  Procurement  and  approved by  the  Corporate Management Board in January 2013 – "Community Benefits in Public Sector Procurement, Getting people back to work". This is aimed at changing the way that the States procures Goods and Services to ensure that States policy aims of "local jobs" and getting people back to work are supported. Under this scheme those tendering for States of Jersey contracts will be rewarded based on their  commitment  to offer  work, training opportunities and  voluntary work  placements  to unemployed Islanders who are locally qualified to work. This initiative is particularly focussed on the Housing schemes funded under P.40/2012 and the creation of the "Getting people back to work taskforce" which brings together Ministers and officers from four key departments (Social Security, Education Sport & Culture, Treasury and EDD) to deliver a range of initiatives to ensure that there is a targeted, co-ordinated and collaborative approach to getting people back to work.

9. DEPUTY  G.C.L.  BAUDAINS  TO  THE  MINISTER  FOR TRANSPORT  AND TECHNICAL SERVICES REGARDING THE BUS SERVICE:

Question

Would the Minister, with regard to the bus service -

1. provide details of passenger numbers per route for the years 2010, 2011 and 2012 and overall numbers for the first quarter of 2012 and the corresponding period of 2013;
2. given his assertion that re-instating the No 18 route would cost £180,000, provide a detailed breakdown of how that sum was calculated and whether it included fares from the quarter of a million passengers that used that route annually; and,
3. confirm that the increased frequency of Route 1A from everytwo hours to every hour (plus other changes) came into effect on schedule at Easter?

Answer

1. The following table summarises the total recorded number of passengers per bus route for the period 2010 to 2012 (excluding the school bus network), as supplied by Connex:

error in Connex data, since corrected 12/04/13

The total recorded number of passenger journey during the first quarter of 2013 (2 January to 31 March) is compared with the equivalent figure in 2012 as follows:

.

2. For reasons of commercial confidentiality, it is not possible torevealthe rate per mile andrate per hour used in the calculation. In accordance with the 2013 Bus Operating Contract, the total annual marginal cost was derived as follows:

• (Annual mileage cost) + (Annual personnel time cost)

Where annual mileage was determined as follows:

• (Journeys per week) x ( Miles per journey) x 52 weeks

And annual personnel time cost was determined as follows:

• (Journeys per week) x (Total hours per journey) x 52 weeks

Where total hours per journey was calculated as follows:

• (In-service time per journey) + (Standing time per journey).

For the purposes of calculating the total annual cost, no net gain in fare revenue was assumed to occur in the event of service 18 being reintroduced, as any passengers using this service would be abstracted from existing services 1, 1A and 16. Between them, these three services cover all of the roads previously served by service 18, with the exception of Marina Avenue (140 metres in length) and the northern part of Le Squez Road (190 metres in length).

The resulting marginal cost of reinstating the old service 18 is associated with the fact that simply replacing the current 16 route with the 18 is not possible, without effectively leaving Georgetown with no bus service. Altering the service 1 via Havre des Pas back to its pre-2013 route through Georgetown is a change which would require extensive consultation prior to implementation and is likely to be unpopular with regular passengers who appreciate the revised route of this bus service. Consequently  there  would  be  no  alternative  but  to continue  operating  the  current  16  so that Georgetown remained served by buses (or accrue the further additional the costs associated with a new Georgetown service), and thus it is not possible to avoid incurring the marginal cost of operation associated with reintroducing a service 18.

Interworking on the buses on the various routes across the Island more efficiently, to maximise use of  the  fleet  and  minimise  standing  times,  has  among  other  things  allowed  Liberty  Bus  in conjunction with TTS to develop a contract that equates to about £1 million improvement in value against the previous contract.

3. Proposals published in the Jersey Gazette on 14th February 2013 included an increased frequency on service 1A, to once per hour. Following representations from States Members, organisations, and bus users, a number of proposed enhancements toestablished winter bus routes were replaced withthe introduction ofthe LibertyLink' groupof services. Within this group is service 23, which shares a large proportion of its route with that of service 1A, ensuring that one bus per hour in each direction is currently being operated along the St Clement Inner Road past Marina Av. Enhancements on both services are currently being drafted by Liberty Bus for consultation to take effect from 27th May 2013, for the peak summer season these include proposals to further increase services along the St Clement's inner roadto two buses an hour in each direction.

10. DEPUTY M.R. HIGGINS OF ST. HELIER TO H.M. ATTORNEY GENERAL REGARDING PUBLIC OFFICIALS WHO FAIL TO INVESTIGATE ALLEGATIONS AGAINST COLLEGUES:

Question

What actions are available to the public if a public official, having been advised of an alleged illegal act on the part of one of his employees or staff, fails to investigate the complaint or to ensure that the person or body asked to investigate the complaint carries out a genuine and thorough investigation?

Answer

An allegation that an illegal act has taken place amounts to an assertion that a criminal offence has been committed.

Ordinarily, one would expect a member of the public to report a suspected criminal offence to the police and not the employer of the suspect. That comment applies whether or not the employer happens to be a public official.

In so far as a public official declines to refer the matter to the police then the member of the public can simply go straight to the police themselves.

It is difficult to imagine circumstances in which a public official would owe a duty to monitor a police investigation into a criminal complaint even if the public official had referred the matter to the police in the first instance.

11. DEPUTY M.R. HIGGINS TO H.M. ATTORNEY GENERAL REGARDING POLICE INVESTIGATIONS:

Question

Will H.M. Attorney General advise what steps members of the public can take if the police

1. fail to take any action regarding complaints of alleged illegality that are referred to them;
2. fail to adequately investigate acts of alleged illegality.

Will he explain what measures, if any, are in place to ensure the police deal with complaints relating to their current or former colleagues fairly?

Answer

A member of the public is entitled to make a complaint about the manner in which a States of Jersey Police Officer has discharged their duties and the statutory process is defined in the Police (Complaints and Discipline) (Jersey) Law 1999. Information is available online see:

http://www.gov.je/Government/Comments/Pages/PoliceComplaintsAuthority.aspx.

The 1999 Law established the Jersey Police Complaints Authority [Authority] which is an independent body whose function it is to ensure that complaints made about a police officer are properly and independently investigated.

The Authority must be notified of all complaints save for those of a minor nature that are resolved informally. In serious cases, the Authority must supervise the disciplinary investigation. In respect of other cases, the Authority has the discretionary power to supervise. That discretion is exercised having regard to the facts of the particular case. In the event that the Authority supervises an investigation it (a) can decide who should investigate the case (b) must prepare a written comment on the adequacy of the investigation and (c) can direct whether or not disciplinary charges should be brought. If a case is not supervised, decisions are taken by the Chief Officer. In respect of all cases, there is the power to appoint police officers from a different police force to investigate the case.

If a legitimate complaint was not investigated properly or at all by either the Authority and/or the Chief Officer then any such action (or inaction) may provide a basis for seeking a judicial review in accordance with the usual principles. Each case will turn on its own facts.

12. DEPUTY M.R. HIGGINS TO H.M. ATTORNEY GENERAL REGARDING THE STATUS OF THE POLICE ASSOCIATION AS A PUBLIC BODY:

Question

Will H.M. Attorney General advise whether the Police Association is a public body, as defined under the European Union Convention of Human Rights?

Given that the Association's officers are full time paid policemen given time off to undertake Police Association duties; the Association is given an office rent free at Police Headquarters and Police Officers are not entitled by Law to strike, is the Association actually a public authority?

Answer

The purpose of the Police Association is to represent police officers in respect of, inter alia, all matters affecting their welfare and efficiency. These functions are not public in nature. The Association is clearly not a public authority.

A public authority', is not defined in the Human Rights Law itself but is essentially a reference to a body whose nature is governmental in the broad sense of that expression..the most obvious examples are government departments, local authorities, the police and the armed forces. Behind the instinctive classification of these organisations as bodies whose nature is governmental lies factors such as special powers, democratic accountability, public funding in whole or in part, an obligation to act only in the public interest and a statutory constitution": see Aston Cantlow PCC v Wallbank [2004] 1 AC 546 HL at paragraph 7.

The Police Association was not established with a view to public administration as part of the process of government. Indeed, there is nothing governmental about its functions. Rather, it represents the interests of its members in the workplace. The fact that the membership of the Association are not entitled to strike and that the employer is apparently prepared to provide time and an office to assist the Association in the furtherance of good employer-employee relations does not change the fundamental character, nature and purpose of the Association.

13. DEPUTY M.R. HIGGINS TO THE MINISTER FOR HOUSING REGARDING THE IMPACT OF THE HOUSING TRANSFORMATION PROGRAMME RENT INCREASE PROPOSALS ON BOTH INFLATION AND DEFLATION:

Question

Will the Minister advise members whether the rent increase proposals contained in R.15 – States of Jersey Housing Transformation Programme were reviewed by the Statistics Unit and/or the States Economic Adviser to gauge the potential impact (perversely) on both inflation and deflation in the economy over the short, medium and long term and

1. if they were not, will he explain why not?
2. if they were, will the report/analysis be published before the proposition is debated by the Assembly?

Will the Minister explain –

1. what research, if any, has been undertaken into the combined financial impact of the proposed increased rents and changes to States tenants' heating systems; and,
2. the effect of the rent increases on tenants whose incomes have remained stagnant or fallen in real terms during the prolonged recession in the Island?

Answer

The development of my proposals for the Housing Transformation Programme has taken over two years and during which time I have consulted with a number of States Departments including the Chief Minister's, Treasury and Social Security departments, as well as Scrutiny and external stakeholders.

In September 2011, I received initial comments from the States Economic Adviser, which outlined his thoughts on the economic effects of my then proposals.

Since that time, I have amended my proposals, particularly in respect of rents policy to reflect the implementation on new tenancies only that are created after 1st April 2014. I have recently asked for an update from the States Economic Adviser and have received confirmation that his earlier response remains valid. This confirmed that the combined impact of the proposals is expected to be a contribution of less than 0.1 percentage points to RPI.

I am pleased to see that this advice is repeated in the answer to the written question (7562) from Deputy Southern , given by the Chief Minister today.

The Housing and Social Security Departments have worked closely together to establish the potential social impact on tenants of my proposals. This is clearly laid out in section 5.2 of the Housing Transformation Programme's Full Business Case (R15/2013).

The on-going refurbishment programme of States rental homes has resulted in many tenants saving money on energy costs, through better insulated homes. In addition, changes to States tenants' heating systems have been implemented alongside a number of measures aimed at improving insulation levels of their homes. These measures now allow tenants to control their heating systems individually and many tenants have found that their energy consumption has now decreased as a result of these measure. Unfortunately, rising worldwide energy costs and the recent cold weather have negatively impacted islander's fuel bills.

I am aware that some tenants have seen stagnant or indeed falling incomes in recent years and I have fully taken this into account in my proposed rent policy, as all lower income tenants who receive Income Support will be fully protected under my proposals.

14. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR TO THE MINISTER FORSOCIAL SECURITY REGARDING THE SUSTAINABILITY OF INCOME SUPPORT EXPENDITURE:

Question

What are the actual sums and the sums as a proportion of Income Support expenditure devoted to income top up' in the last 3 calendar years and is the Minister satisfied that these sums are sustainable?

Answer

The published report on Income Support for 2011 (R.126/2012) identified that 80% of Income Support households use Income Support to top up other household income. The remaining 20% are wholly reliant on Income Support payments for their weekly income.

The report includes the following:

" Income Support tops up household income. Many Income Support households receive income through earnings, pensions, social security benefits, maintenance and other income. 80% of Income Support households have some other form of income, with the remaining 1,296 (20%) of Income Support households being totally reliant on Income Support for their weekly income.

As household income from other sources increases, Income Support benefit decreases until the family is fully self-sufficient. Depending on the source of income, a variety of incentives and allowances are provided to encourage Income Support families to support themselves as far as possible".

The 2011 report (pages 10-13) provides further details on the number of Income Support households who have income under the following categories: earned income, pensions, maintenance payments, long-term incapacity allowance (including invalidity benefit) and miscellaneous income.

At the end of December 2011, 74% of weekly benefit by value was being paid to households with some other form of income, and 26% was being paid to households with no other form of income. Allocating these proportions to the total weekly expenditure in 2011 of £66.9 million, this represents £49.8 million to households with other income and £17.1 million to those without other income.

This detailed analysis was not undertaken in respect of the 2010 results and the 2012 report is currently in preparation.

The level of Income Support expenditure is closely linked to the overall health of the local economy. I am satisfied that the funding allocated within the Medium Term Financial Plan is sufficient to cover the costs of Income Support over the next three years, barring a completely unforeseen change in circumstances.

Members will be aware that the Medium Term Financial Plan includes a reduction of £3 million in the Income Support budget from 2014 onwards and officers are currently working on a number of policy proposals to achieve these savings which I will be considering over the next few months.

15. DEPUTY R.G. LE HÉRISSIER TO THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE ACCOUNTABILITY OF THE BOARD OF J.T. : Question

How has the Board of JT been held accountable for the issues that have arisen with Gigabit Jersey and to what extent do these derive from a defective Business Plan?

Answer

JT's Board is held accountable in the manner set out in the Memorandum of Understanding (MOU') between the Minister for Treasury and Resources (The Minister') and Jersey Telecom.

The MOU has worked well in the case of Gigabit Jersey, and JT has communicated issues with the Project effectively in the spirit of the "no surprises policy". The Minister continues to meet with the board to discuss the performance of JT and provide robust challenge of the Gigabit Jersey project sharing with them his expectations to make sure it is delivered on time and in budget.

The Gigabit Jersey business plan set ambitious targets to create a world class fibre network and was challenged by external consultants as well as by Treasury officials prior to its approval. The Minister is satisfied with the steps taken by the Board to manage the project in line with its business plan and does not intend to get involved with detailed operational issues but will as States Members would expect hold the board accountable for the delivery of the project.

The Minister would like to take this opportunity to acknowledge the strong commitment of the Board of JT in actively pursuing a resolution to the issue with their contractor which resulted in the engagement of the contractors senior US personnel to bring the project back on track. The Minister is looking forward to the project being delivered successfully.

16. DEPUTY J.M. MAÇON OF ST. SAVIOUR TO THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE CURRENT OPERATIONAL STATUS OF THE ENERGY FROM WASTE PLAN:

Question

Can the Minister advise whether the Energy from Waste plant is currently fully operational and, if not, explain why and –

1. how long it is expected to take to address the problem;
2. what the staffing cost will be, whilst staff are unable to perform their normal working activities;
3. the value of the lost' electricity supplied to the grid; and,
4. outline what maintenance agreement is in place in relation to the pipes? Answer

The La Collette Energy from Waste Plant was designed to be a two stream plant to ensure that the plant could cater for major maintenance and consequential plant downtime. This design concept is very important for a plant that is situated on an Island with very limited alternatives for waste disposal.

The Energy from Waste plant is currently running on Stream Two whilst Stream One is undergoing repairs. A substantial amount of work will be undertaken by the contractors CSBC (Jersey) Limited, to replace four banks of superheater tubes that have shown signs of premature aging. The superheater tubes are being replaced with tubes of a superior material specification. In addition to this the Flue Gas Treatment system is to be modified to bring the hydrated lime consumption in line with the original specification. The work requires waste processing to be swapped between Stream One and Stream Two on several occasions so that Plant continuity and availability is maximised. This work is being undertaken under the contract between the States of Jersey and CSBC (Jersey) Limited, with all costs for design, materials, manufacture and labour being funded by the contractor.

1. The work will be undertaken between now and August 2013
2. This work does not prevent the staff from performing their normal working activities.
3. The electricity is not "lost". There will be a period until August whereby the plant will not always produce full power however the electrical generation is a function ofthe amount of waste processed by the plant. Waste that is not processed in this period will be processed after August and thus the electricity attributed to that waste will be recovered.

4. The tubes will be inspected on an annual basisand a further three year warranty period will be granted on the superheater tubes that are being replaced.

17. DEPUTY G.P. SOUTHERN OF ST. HELIER TO THE CHIEF MINISTER REGARDING THE IMPACT OF INDEX LINKING SOCIAL RENTS ON UNDERLYING INFLATION:

Question

Will the Chief Minister state what effect the indexing of social rents at RPI plus 0.75% over the coming 30 years as proposed  in the Housing Transformation Programme (HTP) will have in underlying inflation and explain how the Council of Ministers will ensure that inflation continues to be kept low?

How confident is he that inflation will remain within the range projected over the coming 30 year period of the HTP, and that rates for borrowing will remain low over this period?

Answer Inflation

The indexing of social rents at RPI plus 0.75 per cent is anticipated to add less than 0.1 percentage points to both the headline rate of inflation (RPI) and to underlying inflation (RPIY).

This will not have any impact on the policy levers which the Council of Ministers should use to control inflation. These are:

1. Listen to the advice from the Fiscal Policy Panel on tax and spending policies so that the balance can be struck between allowing the economy to recover and at the same time ensuring that we do not run large deficits (which add to inflationary pressure) when the economy is growing strongly.
2. Continue to strengthen competition, which will help keep prices low by driving efficiency.
3. The new Economic Growth and Diversification Strategy agreed by the States in July 2012 will ensure that future growth is based on improved productivity (by focusing on developing the skills of local people, and by encouraging innovation, enterprise and inward investment)and therefore better supply-side capability which helps achieve growth without inflation.

One of the outcomes of the Housing Transformation Plan will be a net gain of 434 new homes to the proposed Housing Company, plus an additional 203 units to the Housing Trusts. This is a supply side impact which has the potential to result in a fall in market rents.

In the medium term, the States of Jersey Economics Unit forecasts inflation to remain around 3.0 per cent or less in 2013 and 2014. There is continuing downward pressure due to the level of spare capacity in the economy but this is balanced against the inherent volatility of global commodity prices. In the longer term, volatility in global prices will continue to influence inflation in Jersey but this should not distract from the policy issues which are likely to remain as above.

Borrowing

There can be some confidence around the costs of borrowing if, as anticipated; all funding is at fixed interest rates. Borrowing identified in the Housing Transformation Programme comes from both internal and external borrowing facilities.

18. DEPUTY G.P. SOUTHERN TO THE MINISTER FOR HOUSING REGARDING FUTURE DEMANDS FOR SOCIAL RENTED ACCOMODATION:

Question

"Will the Minister state what population/migration levels the proposals in the Housing Transformation Programme (HTP) are designed to cater for and what sensitivity analysis has been performed with regard to increased demand for social rented accommodation from immigrant workers and their families in the next 10, 20 and 30 years?

What consideration, if any, has been given in both the proposition (P.33/2013) and the full Business Case (R.15/2013) to the most recent Housing Needs Survey which shows growing demand for social rented accommodation of some 400+ units, and further demand from the immigration bulge since 2004 as these households gain licensed status after 10 years residence?

Does the Minister consider that net gain of 434 housing company properties, along with 203 new trust properties and the 300 sales will meet future social housing needs and if not how will the HTP meet demand?

Has the Minister sought advice from the Statistics Unit over the HTP and full Business Case over his projections over up to 30 years and if not why not?"

Answer

The proposals within the Housing Transformation Programme allow for the development of all sites currently in States ownership and designated for social housing. The new Housing Company can and will deliver additional social housing for viable schemes if further sites are identified and borrowing is made available.

I fully recognise that further units of social housing are required in order to meet the needs of our community in the longer term and I am working to ensure that these are brought forward. I am confident that the funding structures will be in place for new Housing Company and also the Housing Trusts to allow for the development of this additional social housing if the sites are brought forward in a timely manner.

I am continuing to monitor a number of sources including the Affordable Housing Gateway and Housing Needs Survey to ensure that the needs of our community are met.

19. DEPUTY G.P.  SOUTHERN TO  THE  MINISTER  FOR HOUSING REGARDING FAIR RENTS FOR THE FULL RANGE OF SOCIAL RENTAL PROPERTIES: Question

Will the Minister list for members what the fair rent for the full range of properties from hostel, bedsit, 1 to 5 bed flats and houses would be today if rents were set at the proposed level of 90% of market rents as suggested in the Housing Transformation Programme?

Does the Minister accept that around 50% of all Housing Company tenants will be paying rent at 90% of market levels within 5 years of the formation of the company and that, since all rents whether at the 90% rate or not, are subject to annual rises of at RPI plus 0.75%, most rents will have risen in line with market rents by some 23%?

Will the Minister state why the figures showing additional rent income and contribution from Income Support on page 52 are not indexed to the figure RPI plus 0.75% when figures on page 45 which also include figures for net profit are indexed and will he undertake to provide indexed figures?

Can the Minister state in what year the financial model becomes viable when the Table on page 45 (P.33/2013) shows a £139,000 deficit?

Answer

It  is  important to  recognise that the 90%  rents policy  if approved will require  that rents for individual properties are set at 90% of the market rent for an equivalent property in the local rented market. That will necessitate a significant amount of benchmarking of individual units on a site by site basis and will take into account the square footage of the units, condition, amenities, parking, energy efficiency and other factors which have a bearing on value.

A broad benchmarking exercise was carried out in 2011 and from the data collected it is possible to give the range of market rents requested, updated to current values, as follows:-

Lowest Highest

Property Number Number

90% Rent 90% Rent

Type of Beds of Units

per week per week

Bedsits 0 94.05 136.37 284 Flats 1 119.37 219.23 1622

2 141.08 260.44 1268

3 217.03 282.15 132

4 282.15 303.85 2 Houses 1 151.92 227.88 50

2 195.33 292.99 243

3 148.58 325.55 724

4 260.44 368.96 118

5 260.44 368.96 7 6 282.15 282.15 2

If my proposals are approved, we would carry out another market rent benchmarking exercise in advance of the increase coming into effect in April 2014.

Section 5.2.3 of the Housing Transformation Programme's Full Business Case illustrates how the modelled convergence of current rents to 90% of market under the proposed rent policy will occur. This indicates that 51% of tenants, including those in newly developed properties will be at the 90% level by year 5. Tenants will see annual rent increases linked to RPI plus 0.75%. If RPI rises in line with the central scenario projections of the States of Jersey Statistics Unit, then tenants will see aggregate increases of 21% by year 5 of the Full Business Case.

The figures showing the additional rental income and contribution from Income Support on page 52 of the Full Business Case have not been indexed in order to aid the understanding of the profile of the additional costs of Income Support over the 30 year period. I would be delighted to provide the indexed figures if the Deputy requires these.

I am happy to confirm that the financial model is viable throughout the 30 year period of the Business Plan. The Deputy is correct to highlight deficits in the early years of the model, when the new Housing Company is tasked to bring all homes up to Decent Homes Standard, whilst also developing a substantial number of new homes. Following this initial period, the financial model show a period of consolidation when the Company will be repaying its outstanding loans and thereafter from year 18, substantial cash surpluses will accrue, if there is no requirement to provide further units of accommodation.

20. DEPUTY  G.P.  SOUTHERN  TO  THE  MINISTER  FOR  HOUSING  REGARDING INCREASED RENTAL INCOME:

Question

Given that figures produced by the Housing Department show that rental income over the first 10 years of the business model for the Housing Transformation Programme will increase by over 80%, will the Minister inform members how much of this increase will be produced by rents from new- build accommodation and how much from rent increases across existing tenancies, re-lets and refurbishments?

Answer

The business model that underpins the figures given in the Housing Transformation Programme's Full Business Case incorporates assumptions on future RPI figures. These are taken from the States of Jersey Statistics Unit's central RPI projections, which indicate, in the long term, annual increases of 3.5%. Given this assumption, business modelling assumes annual rent increases of 4.25% (3.5% plus 0.75%), as per the proposed rent policy.

Rental income in year 1 of the business model (2014) is estimated at £41.4 million. In year 10 of the business model (2023), total rental income is estimated at £75.2 million from the following sources:-

Rental Income £M

Existing Tenancies £59.3 Units Demolished -£2.2 Units Sold -£2.6 Re-lets £7.4 New Builds  £11.4 Refurbishments £1.9

Total £75.2

21. DEPUTY M. TADIER OF ST. BRELADE TO THE CHAIRMAN OF THE COMITÉ DES CONNÉTABLES REGARDING ATTENDANCE AT PARISH MEETING: Question

Will the Chairman provide a breakdown by parish of attendance at Parish Meetings where votes are taken (including, separately, meetings where the rates are determined) showing the figures as a percentage of the total eligible voters per parish?

Will the Chairman explain what, if anything, the Comité is doing to encourage greater attendance at Parish Meetings from parishioners?

Answer

All  Parishes  record  minutes  of  official  meetings  such  as  Parish  Assemblies,  Ecclesiastical Assemblies and Electoral Assemblies. Four parishes record the number present at the start of a meeting but some parishioners may arrive late or leave early. Where a vote is taken the number voting may be recorded but this will not necessarily equal the number of persons attending that meeting.

The number eligible to vote at a Parish Assembly is those on the Electoral Register in force on that day and any person who is a ratepayer of the parish (or who represents a body corporate which is a ratepayer) but a person will only have one vote regardless of whether they are eligible in more than one capacity. To determine the exact number eligible to vote at any particular Parish Assembly it is necessary to compare the different registers and exclude those listed more than once.

For these reasons the work required to provide a breakdown by parish showing the attendance figures as a percentage of the total eligible voters per parish would require considerable resources and makes it impossible in the time available.

However, where the business conducted consists of straightforward housekeeping' matters it is fair to say that the number attending is usually a small proportion of those eligible to attend. It will be higher for the annual meetings where the rates are determined or if a contentious issue is on the agenda.

All parishioners – "principals and electors" - are notified of the time and date of forthcoming meetings and of the items to be discussed by notices placed in the Jersey Gazette and in the Parish box (boîte grillée). Notice may also be given through other media including the Parish newsletter or magazine, website and social media such as Twitter' and email, and the radio. Whilst the Comité encourages all to attend it is ultimately a decision for the individual as to how he or she chooses to participate in parish affairs.

22. DEPUTY M. TADIER TO THE MINISTER FOR TREASURYAND RESOURCES REGARDING  HOUSING  PROJECTS  COMPLETED  WITH  FISCAL  STIMULUS FUNDING:

Question

What housing projects were completed under the fiscal stimulus funding?

Will the proposed new Housing Company be required to pay back fiscal stimulus monies provided for stimulating the construction industry and,  if so, why and how many other fiscal stimulus projects require payback?

Can  the  Minister  confirm  that  there  is  significant  risk  to  the  outcome  of  the  Housing Transformation Programme, in particular, the inability to borrow or significant changes in RPI over the 20 year period?

What would the return be to the Treasury if the Trusts were required to return their share of the income they receive via Income Support?

Answer

What housing projects were completed under the fiscal stimulus funding?

A number of housing capital projects have received fiscal stimulus funding since 2010 and the status of which is set out below:-

Year £000 Status

Projects that were originally allocated as part of the £44 million fiscal stimulus programme. Le Squez, Phase 2a  2010 8,138 Complete

Pomme d'Or Farm  2011 3,250 Completion due - May 13

11,388

Projects totalling £27.1 million approved by the States in P.40/2012.

La Collette – High Rise  2012 Ongoing

Le Squez – Phase 2c 2012 Ongoing 2-4 Journeaux Street 2012 Ongoing Lesquende – Phase 1 2012 Ongoing Osborne Court  2012 Ongoing Purchase - Life Long Homes 2012 Ongoing Funding per P.40/2012 27,100

Total Funding provided 38,488

In  addition  to  the  above  projects  the  Parish  of   Trinity  has  been  supported  by  a  £6  million infrastructure investment.

Will the proposed new Housing Company be required to pay back fiscal stimulus monies provided for stimulating the construction industry and, if so,  why and how many other fiscal stimulus projects require payback?

It  is proposed  that the new Housing  Company  will take  on the commitment  of the Housing Department to repay the sums received. This requirement to repay was known when the funding was approved. Indeed the funds were specifically sought on a loan basis.

The requirement arises from the States decision under P.6/2007 - the Social Housing Property Plan. This  agreed  that  Housing  would  no  longer  receive  an  annual  capital  allocation  to  undertake refurbishment and new build projects, but would fund such schemes from sales of existing housing stock. However, the adverse general economic conditions and difficulties in obtaining mortgage finance during the intervening period mean sales have been limited.

The stimulus funding of £38.4 million has therefore enabled schemes to commence that would otherwise have had to wait until the full costs of the schemes had been met by sales.

When the first funds were approved in 2010, Treasury and Housing had agreed to work together to identify alternative means of repayment through a re-financing of the fiscal stimulus "loan. As a result of this work it is proposed to replace the short term stimulus loans with a £40 million longer term loan, from the Currency Notes and Coins Investment Fund. This would be made to the new Housing Company upon its establishment. Details of this are contained in R.15/2013, "States of Jersey Housing Transformation Programme: Full Business Case".

There were no other fiscal schemes where funding was advanced on a loan basis and therefore requiring repayment.

Can  the  Minister  confirm  that  there  is  significant  risk  to  the  outcome  of  the  Housing Transformation Programme, in particular, the inability to borrow or significant changes in RPI over the 20 year period?

The Minister does not  believe that there  is a significant  risk to the outcome of the Housing Transformation Programme particularly related to the inability to borrow or significant changes in RPI over the 20 year period. Housing have undertaken a detailed and robust process to produce R.15/2013, "States of Jersey Housing Transformation Programme: Full Business Case" which has been subject to external review and validation.

Included in the Full Business Case are detailed assessments of the risks associated with the Programme. e.g. Sections 5.5 to 5.9 deal with the Risks associated with the Financial Case. This identifies a range of risks and includes sensitivity analyses and makes an assessment for each risk. Both the borrowing and RPI issues are included in these sections.

In addition Section 6.5 sets out the Risk Management process that has been put in place to manage all significant and material risks to the effective delivery of the Housing Transformation Programme.

The Treasury is currently considering a number of financing options for the capital programme.

What would the return be to the Treasury if the Trusts were required to return their share of the income they receive via Income Support?

It is not clear what is meant by a return to the Treasury from the Trusts for income they receive via Income Support. The Social Security Department report, "Income Support 2011" identifies that there was a total of £7,522,000 paid in Income Support to Housing Trust rental tenants, of which £3,101,000 was paid in respect of the Accommodation element.

If the intention is to draw a comparison with the Annual Return to Treasury from the Housing Department then this would be incorrect. The Annual Return made by the Housing Department is based on the ending of the Rent Abatement and Rebate Schemes on the introduction of the Income Support System. This resulted in the rental income received by the Housing Department exceeding its expenditure and an annual surplus was created. The Annual Return is the mechanism whereby this surplus is returned to the Treasury, where it is amalgamated with other income to make up the total Income Support budget.

23. DEPUTY T.A. VALLOIS OF ST. SAVIOUR TO THE CHIEF MINISTER REGARDING THE ROLES PLAYED BY SENIOR CIVIL SERVANTS IN THE REFORM OF THE PUBLIC SECTOR: