States Meeting Transcript - 19th February 2013

STATES OF JERSEY OFFICIAL REPORT

TUESDAY, 19th FEBRUARY 2013

COMMUNICATIONS BY THE PRESIDING OFFICER ......................................9

1. The Deputy Bailiff :......................................................................9

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

2. Resignation of Mr. S. Haigh as a non-elected Member of the Public Accounts Committee ................................................................................9

2.1 Deputy T.A. Vallois of St. Saviour:......................................................9

QUESTIONS......................................................................................9

3. Written Questions........................................................................9

1. THE DEPUTY OF ST. PETER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE LENGTH OF WAITING LISTS FOR HOSPITAL CONSULTANTS:.......................................................................9
   2. DEPUTY J.A.N. LE FONDRÉ OF ST. LAWRENCE OF THE MINISTER FOR HOUSING REGARDING THE PRESENT POSITION OF P.6/2007 SOCIAL HOUSING PROPERTY PLAN 2007 – 2016': .........................................10
   3. DEPUTY J.A.N. LE FONDRÉ OF ST. LAWRENCE OF THE MINISTER FOR HOUSING REGARDING THE PROJECTED FIGURES FOR 2013 – 2016 RENTAL INCOME:..............................................................................13
   4. DEPUTY J.A.N. LE FONDRÉ OF ST. LAWRENCE OF THE MINISTER FOR HOUSING REGARDING THE PROJECTED COSTS TO BE TRANSFERRED TO THE NEW HOUSING TRUST:........................................................15
   5. DEPUTY J.A.N. LE FONDRÉ OF ST. LAWRENCE OF THE MINISTER FOR HOUSING REGARDING THE EVALUATION OF MANAGEMENT COSTS:......17
   6. THE DEPUTY OF GROUVILLE OF THE MINISTER FOR HOME AFFAIRS REGARDING THE RE-ZONING OF 7 SITES FOR SHELTERED HOUSING:......20
   7. THE CONNÉTABLE OF ST. JOHN OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING SEWAGE PUMPING STATIONS:.........21
   8. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING JERSEY TELECOM'S FIBRE OPTIC SCHEME:..............................................................................22
   9. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE CHAIRMAN OF HEALTH, SOCIAL SECURITY AND HOUSING SCRUTINY PANEL REGARDING A REVIEW OF THE PROPOSED NEW HOSPITAL BUILD: ........................23
   10. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING A MUTUAL DRIVING-LICENCE EXCHANGE WITH ROMANIA: ......................................................25

11. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE RECOGNITION OF JERSEY DRIVING-LICENCES OUTSIDE OF THE ISLAND:.................................25
12. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING THE RECENT DISCIPLINARY HEARING INVOLVING 3 POLICE OFFICERS:............................................................................25
13. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING EVIDENCE IN A DISCIPLINARY HEARING INVOLVING 3 POLICE OFFICERS:............................................................................26
14. DEPUTY M.R. HIGGINS OF ST. HELIER OF H.M. ATTORNEY GENERAL REGARDING COMPLAINTS PROCEDURES IN RESPECT OF CERTAIN POST- HOLDERS:............................................................................27
15. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING STUDIES ON INCIDENTS OF CANCER IN JERSEY:...............................................................................28
16. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE LEGAL RIGHTS OF PARENTS TO ACCESS RECORDS RELATING TO THEIR CHILDREN:...........................30
17. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE PRICING STRUCTURE OF GIGABIT SERVICES:.................................................................31
18. THE DEPUTY OF GROUVILLE OF H.M. ATTORNEY GENERAL REGARDING THE REZONING OF 7 SITES FOR SHELTERED HOUSING:.......................31
19. SENATOR S.C. FERGUSON OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE NUMBER OF HOUSEHOLDS IN RECEIPT OF SOCIAL SECURITY:............................................................................32
20. SENATOR S.C. FERGUSON OF THE MINISTER FOR HEATH AND SOCIAL SERVICES REGARDING MODERN WORKING GUIDELINES AND THEIR RELATIONSHIP WITH THE MENTAL HEALTH (JERSEY) LAW 1969:...........33
21. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING AN ACTION AID REPORT ON COMPANY TAX AVOIDANCE: ...35
22. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE AVOIDANCE OF TAXES:.......................................35
23. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING A REVIEW OF PRIMARY HEALTH CARE:..................................................................................36
24. DEPUTY T.M. PITMAN OF ST. HELIER OF H.M. ATTORNEY GENERAL REGARDING THE ELECTORAL COMMISSION'S REFORM PROPOSALS REGARDING CONNÉTABLES: ......................................................37
25. DEPUTY T.M. PITMAN OF ST. HELIER OF H.M. ATTORNEY GENERAL REGARDING THE CRITERIA FOR FINANCIAL ASSISTANCE TO PURSUE ACTIONS UNDER THE DATA PROTECTION (JERSEY) LAW 2005: ..............38
26. DEPUTY T.M. PITMAN OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS

REGARDING PARITY WITH THE UNITED KINGDOM ON ISSUES SUCH AS HATE CRIMES: .......................................................................38

27. DEPUTY T.M. PITMAN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING CHARGES TO IMPORT ELECTRICITY FROM FRANCE:..............................................................................39

28. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE COST OF LANDSCAPING AT LA COLLETTE:................................................39
29. DEPUTY M. TADIER OF ST. BRELADE OF THE CHIEF MINISTER REGARDING FUNDING FOR THE NURSES PAY PARITY AGREEMENT:.......................40
30. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING LICENCES TO ENTER THE JERSEY WORKFORCE:........................................................................41
31. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING REMOVING OR DELAYING ENTITLEMENT TO INCOME SUPPORT FOR THEUNEMPLOYED:.....................................42
32. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING TARGETS FOR THE GIGABIT PROJECT:..............................................................................43
33. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING ENCOURAGING MORE COMPANIES TO REGISTER IN JERSEY:...............................................................43
34. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE CHAIRMAN OF THE ENVIRONMENT SCRUTINY PANEL REGARDING THE REVIEW OF PLANNING PROCESSES:..........................................................................44
35. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING PROGRESS ON BRINGING FORWARD DEATH BY CARELESS DRIVING' LEGISLATION: ....45

4. Oral Questions...........................................................................46

1. Connétable P.J. Rondel of St. John of the Minister for Transport and Technical Services regarding the road resurfacing programme:.............................................46 Deputy K.C. Lewis of St. Saviour (The Minister for Transport and Technical Services): .....46

1. The Connétable of St. John:............................................................46
2. Deputy S. Power of St. Brelade : ........................................................47
3. Deputy M. Tadier of St. Brelade:.......................................................47
4. Deputy J.M. Maçon of St. Saviour:.....................................................47
5. Deputy G.C.L. Baudains of St. Clement : ...............................................47
6. The Connétable of St. John:............................................................47

2. Deputy K.L. Moore of St. Peter of the Minister for Health and Social Services regarding the appointment of a 4th consultant in Trauma and Orthopaedics to help manage waitinglists:....................................................................................48 Deputy A.E. Pryke of Trinity (The Minister for Health and Social Services):.................48

1. The Deputy of St. Peter : ................................................................48
2. Senator S.C. Ferguson:.................................................................48
3. Deputy J.G. Reed of St. Ouen:..........................................................49
4. Deputy J.A. Hilton of St. Helier:........................................................49
5. Deputy G.P. Southern of St. Helier:....................................................49
6. Deputy R.G. Le Hérissier of St. Saviour:...............................................49
7. Deputy J.H. Young of St. Brelade:......................................................49

3. Deputy G.C.L. Baudains of the Minister for Planning and Environment regarding the monitoring of local bass stocks:........................................................50 Deputy R.C. Duhamel of St. Saviour (The Minister for Planning and Environment):.........50

4.3.1 Deputy G.C.L. Baudains:...............................................................50

4. Deputy M.R. Higgins of St. Helier of the Attorney General regarding the co-operation of the Jersey authorities in the Hampshire Police enquiry:.................................51 Mr. T.J. Le Cocq Q.C., H.M. Attorney General: ..............................................51

1. Deputy M.R.Higgins:..................................................................51
2. Deputy M.R.Higgins:..................................................................51

5. Deputy G.P. Southern of the Minister for Social Security regarding the basis for the cessation of Income Support payments to claimants:....................................51 Senator F. du H. Le Gresley (The Minister for Social Security): ..............................52

1. Deputy G.P. Southern :..................................................................52
2. Deputy G.P. Southern :..................................................................52
3. Deputy M. Tadier :......................................................................52
4. Deputy M. Tadier :......................................................................53
5. Deputy G.P. Southern :..................................................................53
   6. Deputy R.J. Rondel of St. Helier of the Minister for Treasury and Resources regarding the tender process for the States mobile telephone contract:............................53 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................53

1. The Connétable of St. John:............................................................54
2. Senator S.C. Ferguson:.................................................................54

3. Senator S.C. Ferguson:.................................................................54
4. Deputy R.J. Rondel:....................................................................54

7. Deputy S. Pitman of St. Helier of the Minister for Home Affairs regarding the co- operation of Senior Police Officers with a disciplinary investigation relating to the Curtis Warr en case:............................................................................54 Senator B.I. Le Marquand (The Minister for Home Affairs): .................................55

1. Deputy S.Pitman:......................................................................55
2. Deputy S.Pitman:......................................................................56
3. Deputy M.R.Higgins:..................................................................56

8. Deputy M. Tadier of the Minister for Home Affairs regarding the recommendations contained within the disciplinary tribunal's judgement relating to the 3 police officers involved in the Curtis Warr en case: ....................................................57 Senator B.I. Le Marquand (The Minister for Home Affairs): .................................57

1. Deputy M. Tadier :......................................................................57
2. Deputy M.R.Higgins:..................................................................58
3. Deputy M.R.Higgins:..................................................................58
4. Deputy J.A. Hilton:.....................................................................59
5. Deputy R.G. Le Hérissier: ..............................................................59
6. Deputy M. Tadier :......................................................................59

9. Senator S.C. Ferguson of the Minister for Home Affairs regarding the compulsory micro-chipping of all dogs in Jersey: ...................................................60 Senator B.I. Le Marquand (The Minister for Home Affairs): .................................60

4.9.1 Senator S.C. Ferguson:.................................................................60

10. Deputy R.G. Le Hérissier of the Assistant Minister for Economic Development regarding the responsibility for signing off the funding of projects:...............................61 Deputy C.F. Labey of Grouville (Assistant Minister for Economic Development - rapporteur): .........................................................................................61

1. Deputy R.G. Le Hérissier:...........................................................61
2. Deputy M. Tadier :...................................................................62
3. Deputy M. Tadier :...................................................................62
4. Senator L.J. Farnham : ...............................................................62
5. Deputy T.M. Pitman of St. Helier:...................................................63

6. Deputy S.G. Luce of St. Martin:.....................................................63
7. The Deputy of St. Martin : ...........................................................63
8. Deputy T.A. Vallois:................................................................63
9. Deputy R.G. Le Hérissier:...........................................................63
10. Deputy R.G. Le Hérissier:........................................................64
    11. Deputy J.M. Le Bailly of St. Mary of the Minister for Planning and Environment regarding the rezoning of the Longueville and Samarès Nurseries sites:................64 Deputy R.C. Duhamel (The Minister for Planning and Environment): ........................64

1. Connétable L. Norman of St. Clement:..............................................64
2. Deputy R.G. Le Hérissier:...........................................................65
3. Deputy J.A. Hilton:..................................................................65
4. Connétable J.M. Refault of St. Peter:................................................65
5. The Deputy of St. Peter:.............................................................66
6. Deputy J.A. Martin of St. Helier:....................................................66
7. Deputy M. Tadier :...................................................................66
8. The Deputy of St. Mary:.............................................................66

12. Deputy J.H. Young of the Minister for Planning and Environment regarding the provision of pre-application Planning advice in respect of the 18th Century historic properties in Dumaresq Street:..........................................................67 Deputy R.C. Duhamel (The Minister for Planning and Environment): ........................67

1. Deputy J.H. Young: .................................................................67
2. Deputy R.G. Le Hérissier:...........................................................67
3. Deputy R.G. Le Hérissier:...........................................................67
4. Deputy J.H. Young: .................................................................68

13. Deputy T.M. Pitman of the Minister for Home Affairs regarding the authenticity and

accuracy of unsigned statements provided as part of the disciplinary investigation

relating to the Curtis Warr en case:......................................................68 Senator B.I. Le Marquand (The Minister for Home Affairs): .................................69

1. Deputy T.M.Pitman:................................................................69
2. Deputy M.R.Higgins:...............................................................69
3. Deputy M.R.Higgins:...............................................................70
4. Deputy T.M.Pitman:................................................................70

4.14. The Deputy of St. Martin of the Minister for Health and Social Services regarding the current time that a new referral would normally expect to wait in order to see a consultant in Urology at the General Hospital:..........................................70 The Deputy of Trinity (The Minister for Health and Social Services):........................70

1. The Deputy of St. Martin : ...........................................................70
2. Deputy M. Tadier :...................................................................71
3. Deputy R.G. Le Hérissier:...........................................................71
4. Deputy R.G. Le Hérissier:...........................................................71
5. The Deputy of St. Ouen:.............................................................71
6. Senator S.C. Ferguson:..............................................................71
7. Senator S.C. Ferguson:..............................................................72
8. The Deputy of St. Martin : ...........................................................72

15. Deputy T.M. Pitman of the Minister for Treasury and Resources regarding complaints received from residents in the Havre des Pas area about noise emanating from the

La Collette power station:..............................................................72 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................72

1. Deputy T.M.Pitman:................................................................73
2. Deputy J.H. Young: .................................................................73

3. The Connétable of St. John : .........................................................73

16. The Deputy of St. Peter of the Minister for Health and Social Services regarding budget cuts to the respite services based at Oakwell:...........................................74 Deputy J.A. Martin (Assistant Minister for Health and Social Services - rapporteur): ........74

1. The Deputy of St. Peter:.............................................................74
2. The Deputy of St. Ouen:.............................................................74
3. The Deputy of St. Ouen:.............................................................74
4. The Deputy of St. Ouen:.............................................................75
5. Deputy J.A. Hilton:..................................................................75
6. Deputy J.A. Hilton:..................................................................75
7. Deputy R.G. Le Hérissier:...........................................................75
8. Deputy R.G. Le Hérissier:...........................................................76
9. The Deputy of St. Peter:.............................................................76

17. Deputy M.R. Higgins of the Minister for Home Affairs regarding confidence in the States of Jersey Police's co-operation with the Hampshire Enquiry:....................76 Senator B.I. Le Marquand (The Minister for Home Affairs): .................................76

1. Deputy M.R.Higgins:...............................................................76
2. Deputy G.C.L. Baudains: ............................................................77
3. Deputy M. Tadier :...................................................................77
4. Deputy M.R.Higgins:...............................................................77
5. Deputy M.R.Higgins:...............................................................78

18. Senator S.C. Ferguson of the Minister for Health and Social Services regarding the health implications for humans who import dogs and cats or who are injured by wild animals whilst travelling in Eastern Europe:............................................78 The Connétable of St. Peter (Assistant Minister for Health and Social Services - rapporteur):78

5. Questions to Ministers without notice - The Minister for Treasury and Resources...79

1. Deputy S.Power:.......................................................................79 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................79
2. The Deputy of St. Peter : ................................................................79
3. The Connétable of St. John:............................................................80

5.3.1 The Connétable of St. John:............................................................80

4. Deputy J.A. Hilton:.....................................................................80

5.4.1 Deputy J.A. Hilton:.....................................................................81

5. The Deputy of St. Martin:..............................................................81
6. Deputy M. Tadier :......................................................................81
7. The Deputy of St. Mary:................................................................82
8. The Deputy of St. Ouen:................................................................82
9. Senator S.C. Ferguson:.................................................................82
10. Deputy J.H. Young:....................................................................83

6. Questions to Ministers without notice - The Chief Minister............................83

1. Deputy S.Power:.......................................................................83 Senator I.J. Gorst (The Chief Minister):......................................................83
2. Deputy R.G. Le Hérissier: ..............................................................84

6.2.1 Deputy R.G. Le Hérissier: ..............................................................84

3. Deputy J.A. Hilton:.....................................................................84

6.3.1 Deputy J.A. Hilton:.....................................................................85

4. Deputy G.P. Southern :..................................................................85
5. Deputy M. Tadier :......................................................................85

6.5.1 Deputy M. Tadier :......................................................................86

6. Deputy M.R.Higgins:..................................................................86
7. The Deputy of St. Martin:..............................................................86
8. Deputy J.H. Young:....................................................................87

PUBLIC BUSINESS.............................................................................87

7. Minister for Justice and Department of Justice: report (P.120/2012) – as amended ..87

7.1 Senator L.J. Farnham :..................................................................88

1. Deputy J.A. Hilton:.....................................................................89
2. Deputy J.H. Young:....................................................................90
3. Deputy G.P. Southern :..................................................................91
4. Senator I.J. Gorst :......................................................................91

LUNCHEON ADJOURNMENT PROPOSED..................................................92 LUNCHEON ADJOURNMENT................................................................92

5. Senator B.I. Le Marquand:..............................................................92
6. Deputy S.Power:.......................................................................94
7. Deputy R.G. Le Hérissier: ..............................................................95
8. Deputy T.M.Pitman:...................................................................96
9. Deputy M. Tadier :......................................................................98
10. Senator P.M. Bailhache :.............................................................99
11. Senator L.J. Farnham : ..............................................................100

8. Draft Motor Traffic (Third Party Insurance) (Cost Recovery) (Jersey) Regulations 201- (P.135/2012).......................................................................103

8.1 The Deputy of Trinity (The Minister for Health and Social Services):.................103

1. Deputy K.C. Lewis :...................................................................104
2. Deputy J.H. Young:...................................................................104
3. Senator L.J. Farnham :.................................................................104

4. The Deputy of St. Ouen:..............................................................104
5. The Connétable of St. John:...........................................................105
6. Senator B.I. Le Marquand:............................................................105
7. The Deputy of Trinity :................................................................105 The Deputy of St. Peter (Chairman, Health, Social Security and Housing Scrutiny Panel): ..106

9. Draft Referendum (Reform of States Assembly) (Jersey) Act 201- (P.5/2013).......107

1. Senator P.M. Bailhache (Rapporteur)..................................................107

2. Draft Referendum (Reform of States Assembly) (Jersey) Act 201- (P.5/2013): amendment (P.5/2013 Amd.) ..........................................................110

1. Deputy G.P. Southern :................................................................111
2. Senator P.M. Bailhache : ..............................................................112
3. Senator L.J. Farnham :.................................................................115
4. Deputy M. Tadier :....................................................................115
5. Deputy J.M. Maçon:..................................................................117
6. The Deputy of St. Martin:.............................................................119
7. The Connétable of St. Peter:..........................................................119
8. Deputy J.A.N. Le Fondré:.............................................................119
9. Connétable J. Gallichan of St. Mary : ..................................................121
10. Deputy J.A. Martin: ................................................................122

11. Deputy M.R.Higgins:..............................................................123
12. Senator I.J. Gorst : ..................................................................124
13. Deputy T.A. Vallois:...............................................................124
14. Deputy R.G. Le Hérissier:..........................................................125
15. Senator F. du H. Le Gresley:.......................................................125
16. Deputy T.M.Pitman:...............................................................126
17. Deputy J.A. Hilton:................................................................126
18. The Connétable of St. Helier:......................................................126
19. Senator A. Breckon:................................................................127
20. Senator P.F. Routier:...............................................................128
21. Deputy G.P. Southern : .............................................................128

ADJOURNMENT..............................................................................130

[9:31]

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

COMMUNICATIONS BY THE PRESIDING OFFICER

1. The Deputy Bailiff :

First of all I would like to take the opportunity, as usual, of welcoming Her Majesty's personal representative, His Excellency. Secondly, hawk-eyed Members will have noticed that we had a change of representation in bringing the mace into the Assembly this morning, and I would like to take the opportunity of welcoming on your behalf Advocate Mark Harris , who has been appointed Deputy Viscount. Very well, there is nothing further under A.

APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS

2. Resignation of Mr. S. Haigh as a non-elected Member of the Public Accounts Committee

The Deputy Bailiff :

The resignation of Mr. Haigh as a non-elected member of the Public Accounts Committee has been tabled. Chairman, is there anything you wish to add to that?

2.1 Deputy T.A. Vallois of St. Saviour :

I would just like to thank the member, Mr. Haigh, for serving on the Public Accounts Committee. His time there has been very much appreciated and I wish him all the success in future. I would like to advise Members that we will be shortly going out to seek a new member on to the Public Accounts Committee.

[9:45]

QUESTIONS

3. Written Questions

3.1.  THE DEPUTY OF ST. PETER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE LENGTH OF WAITING LISTS FOR HOSPITAL CONSULTANTS:

Question

Could the Minister advise if the current length of waiting lists to see hospital consultants include preliminary lists to get on to waiting lists?

Answer

The current system in operation has a single waiting list, per Consultant/specialty.

When a GP sends a referral for a consultant outpatient appointment it will:-

• Be logged onto the patient administration system and the waiting time clock begins
• Be given to the Consultant to grade as urgent or routine
• Urgent referrals will then be sent an appointment straight away
• Routine referrals to specialties with short waits will be sent an appointment straight away

• Routine referrals to specialties with a routine wait greater than 8 weeks will be sent an acknowledgement and then an appointment will be sent closer to the time of the actual appointment. Some clerks refer to this as the pending or preliminary list'
• On occasion further information may be sought from the GP or patient but this is not the case for the vast majority of referrals

Clinics are not booked more than 6-8 weeks in advance to prevent cancellations and re-booking as Consultants are required to give 6-8 weeks notice of leave.

The calculation of the time waited by patients is the same for all and starts with the receipt of the referral and the entering of that referral onto our patient administration system.

There are no secondary lists or hidden waits.

2. DEPUTY  J.A.N. LE  FONDRÉ  OF  ST.  LAWRENCE  OF THE  MINISTER  FOR HOUSING  REGARDING THE  PRESENT  POSITION OF  P.6/2007  SOCIAL HOUSING PROPERTY PLAN 2007 – 2016':

Question

1. Would the Minister provide the present position of sales versus the forecast in respect of P.6/2007 ("Social Housing Property Plan 2007 – 2016") year by year, showing planned disposals versus actual and identifying -

1. the numberand types ofunits sold eachyear(ie 3 bed houses, 1 bed bungalows etc), versus the planned disposal programme;
2. the amount of actual cash received (versus projected) for transactions in any one year,
3. where a deferred payment was agreed, the amount actually deferred (comparedto projections) for transactions in any one year?

2. In relation tothebalanceof cash of £101 million by 2016 originally envisaged in P.6/2007to generate funds for the department, could the Minister provide actual cash balances for that fund from the period 2007to 31st December 2012 on an annual basis, and also provide the revised annual forecasts for the period from 1st January 2013 to 2016?
3. Would the Minister provide an explanation ofthe reasons for any significant discrepancies that have arisen from the original proposals agreed in P.6/2007?

Answer

I would start by saying that P.6/2007 did not forecast annual sales; it merely said that up to 800 properties would be sold over 10 years and made no guarantee about actual numbers of sales or proceeds in any specific period. The present position is that we have provided 119 social housing residents with the opportunity to become homeowners by taking advantage of the deferred payment scheme. In addition to this we have sold a further 45 properties on the open market.

The breakdown of sales carried out by year is a follows;

In relation to the amount of cash received I can confirm that the sales listed above have generated £42 million and a further £6.7 million is held in bonds. £27.1 million of that has been generated through deferred payment sales.

The breakdown of deferred sales figures by year is as follows

Deferred Payments sales

£27,143,750 £6,721,441 119

In addition to the P6 sales a further 46 homes were sold through the Jersey Homebuy pilot scheme at La Providence in the 2009 and 2010.

Number of

sales Bond Value Total Homebuy sales  46 £8,531,000

P6/2007  said that sales will  be carried out  in a managed, sustainable way, without imposing unnecessary strain on the wider housing market, and related at all times to current levels of supply and demand within social housing. Decisions on sales to the open market and to tenants continue to be balanced against delivery of new social renting housing and the needs reflected in the Affordable Housing Gateway List.

I believe that there is a significant lack of supply; particularly in respect of affordable and social housing. More  homes  are  clearly  required  and  finding  sources  and  sites  for  these  is  the responsibility of the Planning Minister. It is a fact that despite rezoning a number of sites in 2008 to address the urgent need for new homes, particularly homes designed to meet the needs of the ageing population, there has been next to no new supply of new social housing since 2008.

With regards to future sales the Department is currently working towards a target of achieving 15 sales a year. Should we meet those targets we are expecting to see monetary values in the region of those set out below.

Assumed sales

I will of course be bringing forward my proposals for the future in my Report and Proposition setting out the principles of the proposed social housing transformation, together with a supporting Full Business Case, to the Council of Ministers on 27th February.

I do not think there are any discrepancies as the Deputy is suggesting, P.6 did not forecast specific numbers of sales within specific periods. Let us remember that the report was agreed in 2007, before the Island entered recession and lending became even more difficult for prospective buyers in the Island. This has of course had an impact on the amount of sales that were carried out. The fact that the Housing Department has managed to sell properties in line with P.6 despite the economic conditions and has been able to offer opportunities to aspiring first time buyers is in itself commendable and deserves to be praised.

3. DEPUTY  J.A.N. LE  FONDRÉ  OF  ST.  LAWRENCE OF THE  MINISTER  FOR HOUSING REGARDING THE PROJECTED FIGURES FOR 2013 – 2016 RENTAL INCOME:

Question

Would the Minister provide the following information for the years 2008 – 2012, and the projected figures for 2013 – 2016 in respect of the following -

1. rents received from Housing tenants;
2. any other income – separately identifying any classifications of income of £100,000 or more;
3. a reconciliation ofthetotalof (i) and (ii) (by year) to the revenue figures provided in the Annual Business Plans/MTFP for the department;
4. gross and net expenditure in respect of lettings and, where expenditure in respect of lettings includes expenditure in respectof asset disposals, identifying identify the latter separately ensuring that the figures correlate to the Business Plan/MTFP oftherelevant period;
5. gross and net expenditure inrespectofrentandfee collection, ensuringthatthe figures correlate to the Business Plan/MTFP of the relevant period;
6. any other expenditure not included above separately identifying any classifications of amounts of £100,000 or more and where expenditure has been reclassified in later years identifying for both the year of reclassification and subsequently the amount that was reclassified ensuring that the totalof (iv) – (vi) above correlates to the totals ofthe Business Plan/MTFP for the relevant period?

Answer

Projections for 2016 are not included as the MTFP does not cover this period. Modelling has been performed for the proposed Housing Association over a 30 year period, the results of which will be published in the Incorporation of States Housing', Report and Proposition and Full Business Case', in due course.

Each of your points is answered in turn below.

1. In  accordance  with International  Financial  Reporting  Standards  and  UK Generally  Accepted Accounting Standards, the Housing Department accounts for rental income on an accruals basis. Rental income as per the Annual Business Plans on that basis is noted below.

2. The Housing Department's other income per the Annual Business Plans is noted below.

*contributions received from Cottage Homes residents and income from parking permits, commercial rents and garages

**utility recharges

3. I refer you to the answer to your question 1240/5(7414) which shows where the above noted income streams are incorporated in the Annual Business Plan.
4. Sales  and  marketing  costs  are  less  than  £100k  in  each  year  of  the  Annual  Business  Plan  in question. In accordance withStates of Jersey requirements, properties are valued at fair value prior to sale and so no profit or loss is made on properties sold. The remainder of the Housing Department expenditure isin relation to the core activity of letting properties. I refer you to the answer to your question 1240/5(7414) which analyses expenditure as per the Annual Business Plans.
5. I refer you to the answer to your question 1240/5(7414) which analyses the expenditure in relation to rent and fee collection as per the Annual Business Plans.

6. I refer you to the answer to your question 1240/5(7414) which analyses all expenditure as per the Annual Business Plans.

4. DEPUTY J.A.N. LE FONDRÉ OF ST. LAWRENCE OF THE MINISTER FOR HOUSING REGARDING THE PROJECTED COSTS TO BE TRANSFERRED TO THE NEW HOUSING TRUST:

Question

Would the Minister provide information for the years 2008 – 2012, and the projected figures for 2013 – 2016 in respect of the following :

1. any costs which will be transferred to the proposed new Housing Trust;
2. any costs that will either remain with the States (ie any States Department) and any expenditure (revenue or capital) that may be incurredbyanyStates Department as a result of the new Housing Trust or any other part of the proposed Housing Transformation Program, separately identifying any classifications of expenditure of £100,000 or more, and also identifying which Department / Ministry will incur such expenditure;
3. any costs that will be incurred by any third parties as a result of the new Housing Trust or any other part of the proposed Housing Transformation Program, separately identifying any classifications of expenditure of £100,000 or more, and also identifying the nature ofsuch third parties;
4. any additional expenditure (revenue or capital) that may be incurred by the proposed Housing Trust separately identifying any classifications of expenditure of £100,000 or more?

Answer

As a Trustee and Secretary of the Les Vaux Housing Trust, Deputy Le Fondre will be aware that a Full Business Case in support of the proposal to create a Housing Association from the current Housing Department is complete. It is an impressive and comprehensive document, in excess of one hundred pages in length and is more than sufficient to answer the questions posed. All that was needed was some patience or perhaps a visit to the Housing Department where my door is always open to all.

My Department and I have adopted a collaborative and transparent working relationship with stakeholders and the other Housing Trusts, but regret this has not always been reciprocated. It is somewhat ironic that the request for information comes from the Secretary of Les Vaux Housing Trust which has, to date steadfastly refused to provide information. This would have assisted me in formulating plans for all social housing providers well into the future. I should reiterate that my efforts are motivated by a desire to protect and improve the rights and conditions of all social housing tenants.

I sincerely hope that this is not an attempt to compare a small Housing Trust with that of the largest Social Housing provider in the island. This would be like comparing apples to pears, as the organisations are very different. The Housing Department has an on-going large capital development programme, providing many hundreds of new units of accommodation, which Les

Vaux Housing Trust has little or no history of undertaking. In addition, the Housing Department has specialised services, co-ordinated with many other agencies dedicated to supporting some of the Island's most vulnerable residents.

In all of the questions above, I presume the reference to a Housing Trust' is in fact meant to be a reference to a Housing Association.

Projections for 2016 are not included as the MTFP does not cover this period. Modelling has been performed for the proposed Housing Association over a 30 year period, the results of which will be published in the Incorporation of States Housing', Report and Proposition and Full Business Case', in due course.

Each of the points is answered in turn below.

1. The returns made by the Housing Department for the years in question are noted below. All costs incorporated  in  the  returns,  with the  exception  of those  noted  in  point  (ii) below,  will be transferred to the proposed Housing Association on inception.

2. As part of the Housing Transformation Programme, a Strategic Housing Unit ("SHU") is proposed to be formed  which  would sit  within the Chief Minister's  Department. The activities  of the proposed  SHUare currently  performed  by  the Housing  Department,  Population  Office  and Planning and relate to staff costs only. The cost is forecast to be £182k on inception of the proposed Housing Association and has/will vary in line with civil service pay rates. This cost will remain with the States of Jersey on formation of the Housing Association.

Depending upon the agreed rent policy some additional cost, which would be phased in over a number of years, may become payable to the tenants of social housing providers (both to the proposed Housing Association and the existing social housing trusts) by the Social  Security  Department  in  the  form  of  additional  housing  component  of  Income Support.

3. As part of the Housing Transformation Programme, a Social Housing Regulator is proposed tobe established.  The  forecast  cost  of  the  regulator is  £160k  per  annum  and  will  commence  on formation of the regulator. This will be funded by social housing providers on a pro-rata basis. The Housing Association will fund £120k of this cost.
4. An allowance is made in the Housing Association business model for additional expenditure as follows:

• One off set up costs totalling £2,820k in years 2013/2014 (including the purchase of the pension debt in relation to Housing Department employees of £2,135k)
• Replacement IT systems of £500k
• Recurring costs paid to the Social Housing Regulator of £120k

The proposed Housing Association is forecast to perform substantial capital redevelopment of a number of sites currently in States ownership and to refurbish a number of existing units to bring them up to Decent Homes Standard. Total costs for this work is forecast to be £201m. Further capital expenditure will be incurred should there be demand for new social housing and sufficient funding available to the Housing Association.

Additional maintenance expenditure is forecast to be incurred to bring remaining homes up to Decent Homes Standard, and maintain them at that level. More management and time will be required to govern the amount of capital and revenue works required particularly in the first 10 years. Provision has been allowed for in the business case for the governance and support costs currently provided by other departments free of charge, such as legal services. Details of the business model of the proposed Housing Association will be published in the Full Business Case in due course.

5. DEPUTY J.A.N. LE FONDRÉ OF ST. LAWRENCE OF THE MINISTER FOR HOUSING REGARDING THE EVALUATION OF MANAGEMENT COSTS:

Question

In light of the fact that in the Annual Business Plan 2011 the 2010 comparative figure for Sales and lettings had been restated from £2,082,000 (as per the Business Plan 2010) to £775,700 (2011 Business Plan) and that Estate Services had also been re-analysed, could the Minister provide the following information to show how these figures have been changed, and to allow an evaluation of management costs -

1. A breakdown of the allocation of costs within the service analysis provided in the Annex to the Business Plan, separately identifying any sub-classifications for any amounts greater than £100,000, and ensuring thatthe totals clearly reconcile to the individual servicesanalysed in the Business Plan (Planned Maintenance, Operations, Voids Refurbishment, Response Repairs, Assisted Living, Tenant participation, Sales and Lettings, Financial Management rent and fee collection)?
2. For each of the sub-categories ofEstate services provide the amount allocated to each of these classifications in respect of management/administration costs, including the number of FTE's, ensuring that any other amounts are identified as necessary to reconcile back to the totals provided in (i) above?
3. Provide the information requested in (i)and(ii)above for 2012,andthe projections for 2013 – 2016?

Answer

The information requested is on the attached appendix.

The reason for the reclassification is due to the cost of upgrading properties when they become void being classified within "sales and lettings" under "tenant services" in 2010 before being separately accounting for under "estate services" in 2011. This movement is shown in the appendix.

6. THE  DEPUTY  OF GROUVILLE  OF THE  MINISTER  FOR  HOME  AFFAIRS REGARDING THE RE-ZONING OF 7 SITES FOR SHELTERED HOUSING:

Question

Further to the re-zoning of 7 sites for sheltered housing in July 2008, and the referral of two constituents with their complaints to the States of Jersey Police that same year, could the Minister inform members of the precise nature and scope of the police investigation that took place into these allegation and, in particular, inform members whether -

1. information  was  sought,  or officers  questioned, from the  Planning  and  Environment Department?
2. anyone  else was  interviewed  by the police other than the two constituents  who came forward and made statements?
3. was there a full investigation into the statements that were given?

Answer

1. Allegations concerning re-zoning issues were first made by Deputy Labey in 2008 directly to the then Chief Officer. Following an initial view by a DCI, the former Acting Chief Officer wrote to the former Chief Executive of the States in November 2008 indicating that there was an absence of available evidence to commence a criminal investigation. It was suggested that the matter be referred to another body with responsibility for scrutinyof parliamentary affairs to examine the issues. Indeed, the matter was referred by the Chief Minister's Department to the Comptroller and AuditorGeneralwhosubsequentlyconcludedthathewasunabletotake the  matter  further  and  could  find  no  evidence  which  supported  the  allegations.   It is understood that the Comptroller and Auditor General reviewed documentation held by the Planning and Environment Department as part of his review.

Protracted communications continued between Deputy Labey and the States of Jersey Police with Deputy Labey claiming to possess evidence supporting allegations of corruption. This

was eventually received by the Solicitor General on 18th April 2011 and passed to the States of Jersey Police. The evidence' consisted of three statements prepared in September 2009 from Deputy Labey and two of her constituents.

A police investigation ensued which involved re-interviewing witnesses, identifying and interviewing others who may assist, an examination of e-mail traffic and the examination of documentation in respect of land re-zoning. Officers from the Planning and Environment Department were not interviewed by police.

The investigation has not revealed anything of evidential value to support the allegations, but has revealed that suspicions circulating are without firm foundation and that speculation by individuals has been fuelled by the speculation of others.

2. Two constituents named by Deputy Labey were interviewed and gave witness statements to the States ofJersey Police. In addition, the States of Jersey Police identified a further five individuals who may have been able to assist the investigation. They too were interviewed, made witness statements and provided additional documentation for examination.
3. A full investigation has been conducted by the police based upon all the information obtained. Reports have been provided to HM Solicitor General at the conclusion of the investigation. There is no evidence to support the allegations made.

7. THE CONNÉTABLE OF ST. JOHN OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING SEWAGE PUMPING STATIONS:

Could the Minister advise whether, since December 2012, a number of sewage pumping stations across the Island have failed causing effluent to discharge on land and along the roads and, if so, would he provide a résumé of the reasons for the failures and highlight which stations have required temporary back up facilities like tanker services or running temporary surface piping to help alleviate flooding pollution?

Would the Minister provide an estimate of the additional cost to the Department's budget to date caused by the failure of these stations, and advise whether an application has been made to the Treasury for additional funding to help meet the costs of remedial works necessitated by the heavy rainfalls over the last 9 months, and, if not, why not?

Answer

Since the middle of last year and particularly from December onwards, there has been practically continuous rainfall which has raised the height of the water table to a level far higher than has been seen in recent years. This has resulted in significant groundwater and rainwater finding its way into the foul sewer system through leaking pipes and manholes, both Public and Private, and overloading many of the smaller pumping stations.

A number of stations have been served by tankers and overpumping since December, including Chestnut Grove, La Retraite, Thistle Grove and La Chasse. Whilst spillages have occurred from some of these stations, none has occurred as a result of a pump station failure. It has simply been the case that fresh water has inundated a number of stations to the point where they have been unable to pump the water away quick enough. Both the TTS tanker service and private tankers have done an excellent job and worked long hours to prevent and reduce spillages over this period.

Jersey is not currently alone in experiencing sewage drainage issues of this nature as both Southern England and France are experiencing numerous problems.

The cost of tankering during this period with both the TTS fleet as well as contractors is approximately £60,000. Throughout the period TTS has been surveying and attempting to identify the locations of groundwater and rainwater ingress into the foul sewer system using both TTS staff and specialist Contractors. These surveys are providing vital information for the department to start eliminating this water ingress. Works have already started on repairs in some of these areas and will continue for the foreseeable future.

Whilst surface water infiltration into the foul network has been recognised as an issue for some time, and surveys of sewers to identify problems were commenced 12 months ago as part of a long term surface water infiltration programme, this recent episode has seen a re-prioritisation of this capital funding within TTS to address the most vulnerable areas as quickly as possible. Should further funding be required this will be sought through a re-allocation of Capital funding within TTS.

8. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING JERSEY TELECOM'S FIBRE OPTIC SCHEME:

Question

With regard to Jersey Telecom's fibre optic scheme and its installation, would the Minister, as the shareholder representative, advise:

1. what independent advice, if any, was taken;
2. whether the amount of work involved was grossly under-estimated;
3. whether other jurisdictions have laid fibre to hubs, with copper connecting hubs to homes;
4. whether, in view of the considerable expense to Jersey Telecom and the upheaval and expense to home-owners, the continuation of the project will now be reconsidered; and,
5. how, given few people appear willing to pay premium rates for faster connections, it is anticipated Jersey Telecom will recoup the cost of the outlay?

Answer

1. It is the Board of JT's responsibility to robustly assess the business case. While the shareholder would not normally be expected to carry out a further assessment or seek independent advice, on this occasion the Economics Unit wasaskedto carry outananalysisofthe business case to move directly to an all-fibre network. The clear conclusion of that analysis was to support the proposals.

2. JTdoesnot consider thattheworkwasunder-estimated but rather it has not yet managed to implement as efficient a production process as is needed. Doing so is currently the focus of intensive efforts by JTand its suppliers.
3. Networks that have fibre based strategy to the greatest extent possible are broadly considered to be leading the way, primarily because copperinthenetworkis a bottleneck to the broadband speeds that can be achieved by users (this aspect was also considered in the advice referred to in (a) above). Jersey has an opportunity to do away with this bottleneck for once and for all.
4. It is not planned to reconsider the Gigabit project. As with all national infrastructure projects there have been initial problems with rollout. The wider, long-term benefits ofthe Gigabit project are critical to Jersey's ability to continue to compete for global business. Investments of this nature are precisely the sort being encouraged by leading economists the world over in these challenging economic times and the Gigabit Jersey programme is a key building block to the work of Digital Jerseyaswellas many other initiatives across Jersey's strategic planning, including health and education.
5. JT has just completed the first year of a 5-year rollout plan for a telecom access network that will be in place for many generations. The Board of JT remains confident that it will recoup the cost of the outlay.

9. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE CHAIRMAN OF HEALTH, SOCIAL SECURITY AND HOUSING SCRUTINY PANEL REGARDING A REVIEW OF THE PROPOSED NEW HOSPITAL BUILD:

Question

Will the Chairman advise whether the Panel is reviewing the proposed new hospital build and, if so, give details of the scope, extent and projected completion date for the review?

Answer

The Panel is not currently reviewing the proposed new hospital build, but does intend to conduct a review into the matter once the Health Department has carried out further work. In that regard, we understand that the Department intends to consider the preferred option for the "new" hospital in the early part of this year, and subsequently go out to public consultation on the proposed site imminently. It is also understood that the preferred site location will be considered by the States in the middle of this year, and then the development proposals, again to be considered by the States, by September 2014.

The Panel recognise that the Health Department's work on the "new" hospital is a matter of great public importance. We do and will continue to question and monitor any developments regarding the hospital in our ongoing business and Quarterly Hearings.

During its review into the Health White Paper: Caring for each other, Caring for ourselves, the Panel made a commitment to undertake further study into the approved proposals for a new hospital, a new model of Primary Care and a sustainable funding mechanism for health and social care.

Therefore, the Panel is currently undertaking a review into the Full Business Cases which provide detail regarding services which will be provided from 2013. Within P.82/2012, it explained four workstreams including the priority areas for phase 1 (2013 – 2015) which include:

1. Refocusing Children's Services: Early Intervention
2. Adult Mental Health: Jersey Talking Therapies
3. Healthy Lifestyles: Alcohol
4. Adults & Older Adults: End of Life Care, Dementia, COPD, Intermediate Care

We understand that proposals for the "new" hospital are part of the Department's longer term plans. Therefore, we are concentrating our current review on the process of how the Full Business Cases have been developed, and have drafted the following Term of Reference -

1. To assess to what extent key stakeholders, in particular the Voluntary and Community Sector, have been included in the development of the Full Business Cases
2. To determine whetherthe FBC process to date has properly fulfilled the first 6 ofthe 9 points outlined in the departmental document "Understanding Commissioning".
   1. Understanding the health and social care needs of Islanders
   2. Identifying what services are currently provided, where and by whom
   3. Understanding where the gapsare – towhatextenttoservicesmeettheneedsof Islanders, and to what extent are services delivering what they should be?
   4. Agreeing where things could be done differently or better
   5. Identifying the outcomes that we need to achieve, for example, keeping people out of hospital and caring for them in their own homes
   6. Developing service specifications – working jointly with a range of current and potential future providers to make sure plans are realistic and the services we will receive are the right ones

4. To assess how the Department plans to progress the implementation ofpoints 7 – 9 as outlined in the departmental document "Understanding Commissioning".
   1. Tendering for services, and being clear on what will be provided, to whom, when, where and how – and also how we will work closely with service providers and maintain relationships, trust, openness and transparency
   2. Monitoring the delivery of services, to assure ourselves and to reassure Islanders that we are achieving value for money and the right services are being made available
   3. Supporting service providers to enable them to deliver outcomes for individual service users, where relevant

4. To determine to what extent the Full Business Cases have fulfilled the original objectives, as set out in proposition: Health and Social Services: A New Way Forward (P.82/2012).
5. To establish how the new funding and resources allocated in the MTFP are used tosupport the delivery of each Full Business Case.

Therefore, once the Health Department has completed its work on the four workstreams, and we have conducted our review into them, we will have more scope to conduct further study into the "new" hospital.

10. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING A MUTUAL DRIVING-LICENCE EXCHANGE WITH ROMANIA:

Question

Will the Minister state what correspondence, if any, has been entered in to during the course of the past 3 years with a view to establishing a mutual driving licence exchange scheme between Jersey and Romania?'

Answer

Normally, the approach is made by the other jurisdiction - there has been no approach from Romania. However, at a meeting at the Department for Transport in London, last November, Jersey asked representatives of the Driver and Vehicle Licensing Agency to approach all new EU/EEA jurisdictions to recognise Jersey licences for mutual exchange.

11. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE RECOGNITION OF JERSEY DRIVING-LICENCES OUTSIDE OF THE ISLAND:

Question

Will the Minister state if there are any countries' driving licences which are accepted by Jersey, but where Jersey driving licences are not recognised?

Answer

The jurisdictions that have a mutual exchange arrangement with Jersey are set out in Schedule 5 of the Motor Vehicles (Driving Licences) (Jersey) Order 2003 as amended.

While there have been occasional difficulties reported in the past by former Jersey residents who have moved to parts of France and Poland, they were resolved relatively quickly, there have been no jurisdictions brought to my or the Department's attention, recently, where that jurisdiction's licences are accepted by Jersey but where Jersey licences are not accepted in the jurisdiction for mutual exchange.

12. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING THE RECENT DISCIPLINARY HEARING INVOLVING 3 POLICE OFFICERS:

Question

Will the Minister explain how, following the recent disciplinary hearing which led to the exoneration of the three police officers involved in the Curtis Warr en car bugging case -

1. the police officers will be able to work closely and harmoniously with the senior officers who brought the disciplinary charges against them;
2. how a trusting relationship between the police and the Law Officers' Department will be restored; and,
3. what the effects were of the illegal bugging in France, Belgium and Holland on the relations between those countries and Jersey and what steps have been taken to restore the trust and confidence of those authorities in the Jersey police and Law Officers' Department?

Answer

1. Disciplinary charges were brought following the recommendation ofthe investigating police force. Police officers are well aware that they will be subject from timeto time to complaints and may be subject to a disciplinary hearing. The position in relation to disciplinary hearings is similar to that for a civil servant or other public employee. There should be no reason why a police officer who has been exonerated or made subject to a disciplinary sanction short of dismissal, and who remains able and fit for work, should not be able to return to normal duties.
2. A strong professional relationship exists between the States of Jersey Police and the Law Officers' Department and has not been harmed in any way by this action.
3. There has been no detrimental effectto continued international relations with enforcement agencies. Requests for international assistance are undertaken in accordance withthe law through appropriate letters of request and close scrutiny by the police and legal authorities.

13. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING EVIDENCE IN A DISCIPLINARY HEARING INVOLVING 3 POLICE OFFICERS:

Question

Following the unauthorised publication of the judgement of the disciplinary hearing against 3 police officers will the Minister -

1. explain why the signed statements ofthe three police officers who faced a disciplinary hearing over the bugging ofthe hire car ofone of the defendants in the Curtis Warr en case were not made available at the disciplinaryhearing which resulted in unsigned statements transposed onto Hampshire Police paper being introduced instead;
2. state whether or not the evidence in the unsigned statements was disputed by anyof parties to the hearing and, if so, the nature of the disputed evidence?

Answer

I strongly deplore the decision of the disciplinary tribunal being used in this way. Not only was the hearing by law held in private, but also, the presiding Chief Officer expressly stated in his verbal decision that he did not expect to see his comments in the media and that he did not authorise the use of his comments other than for this hearing; and,  in his written decision that he did  not authorise the publication of his written judgment other than for the purposes of this hearing.

Although I was initially minded to continue to decline to answer questions on the written decision, the outrageous nature of some of the questions posed to me which imply serious misconduct on the part of senior police officers has forced me into clarifying the position by answering a number of procedural questions.

1. The Hampshire Police loaded the relevant statements into the HOLMES computer system as part of the investigation. Unfortunately, it was the printout of the statements which were presented as part of the agreed and disclosed bundles to the presiding Chief Officer and not the original statements. I am informed that the original signed statements were available at the hearing but the presiding Chief Officer did not refer to them.
2. It would appear that one officer raised a question as to whether the HOLMES version of his statement was accurate.

14. DEPUTY M.R. HIGGINS OF ST. HELIER OF H.M. ATTORNEY GENERAL REGARDING COMPLAINTS PROCEDURES IN RESPECT OF CERTAIN POST- HOLDERS:

Question

1. Will H.M. Attorney General setout clearly each of the steps that need to be taken by anyone wishing to make a complaint (including misconduct) against the actions of any of the following office holders, explaining in detail each step and each level, until the matter reaches the persons or bodies ultimately responsible for determining such matters:

1. Legally qualified members of the Law Officers Department;
2. Solicitor General;
3. Attorney General;
4. Deputy Bailiff ;
5. Bailiff ;
6. Jurats;
7. Magistrates?

2. To whom are the office holders (i) to (vii) listed above accountable for appraisal purposes? Answer

1. The question is not clear as to what is meant by "complaint", particularly in respect oftheofficer holders whoarelisted at(iv)to (vii) whose functions require themto act as judges in the Jersey courts. It is important to distinguish between two types of complaint in relation to a judge.

In so far as the complaint relates to matters occurring in the course of legal proceedings (for example, a complaint that the judge's decision is wrong or that he or she has behaved unfairly or should not have sat because he or she had a conflict of interest) then the appropriate remedy is for the aggrieved party to use the judicial process and appeal or apply for doléance (an alternative method of review) where available.

Where the complaint alleges misconduct other than in the course of legal proceedings, then the appropriate course in respect of a complaint made against a Jurat or a Magistrate is to lodge that complaint with the Bailiff . The Bailiff can then decide if the complaint requires investigation. If it does, he will seek to replicate the procedures applied in England and Wales as far as possible  and, where appropriate, will appoint an independent person to investigate the matter.

The process thereafter in respect of a Jurat is set out in the Royal Court (Jersey) Law 1948. The Bailiff can convene the Superior Number at the conclusion of any investigation so that the Royal Court can consider whether or not to petition the Privy Council seeking the removal of the Jurat (if no resignation is forthcoming) by Order in Council.

A Magistrate may only dismissed by Order in Council. Should the independent investigation merit such a course of action, the Bailiff would make a recommendation accordingly.

The Bailiff and Deputy Bailiff are appointed by Her Majesty and may only be dismissed by Her Majesty.

If a complaint of misconduct outside court proceedings concerns the Bailiff or the Deputy Bailiff then the complaint should be lodged with the Lieutenant Governor as Her Majesty's personal representative. If he decides that the complaint requires investigation, he may appoint an independent person to investigate in the same manner as described above. Should the result of the investigation merit such a course of action, a recommendation can then be made to Her Majesty.

The Attorney General and the Solicitor General are appointed by Her Majesty and may only be dismissed be Her Majesty. The procedure for a complaint against either of them would be analogous to that in respect of the Bailiff and Deputy Bailiff .

The Law Officers' Department has its own internal disciplinary procedures and any complaint about a legally qualified member of staff should be made to the Attorney General in the first instance.

The procedures described above are designed to provide for effective investigation when merited but at the same time preserve the independence of the office holders as the independence of the judiciary and the prosecuting authorities is vital to the maintenance of the rule of law.

2. The management at the Law Officers Department conducts appraisals of legally qualified members of staff. The Law Officers and members ofthe Judiciary are not the subject of appraisals. The members ofthe Judiciary receive training on a regular basis. The Court's judgments are subject to public scrutiny and litigants are able to exercise any rightsof appeal.

15. DEPUTYM.R.HIGGINSOF ST. HELIER OFTHEMINISTERFORHEALTHAND SOCIAL SERVICES REGARDING STUDIES ON INCIDENCES OF CANCER IN JERSEY:

Question

Will the Minister explain to the Assembly what studies, if any, have been undertaken in Jersey to investigate the incidences of cancer (of all types) found in the Island, explaining:

1. how and when they were carried out and their findings;
2. the location of ,and explanation for, any cancer hot spots';

3. what studies, if any, have been undertaken into the effects of pollutants from the Bellozanne Incinerator and their results;
4. details of any planned studies?

Answer

1. Since 1996 the South West Public Health Observatory (SWPHO) has produced an annual cancer registration report for Jersey and Guernsey summarising the local cancer incidence data over a three year period. Data comes from the hospital patient administration system and pathology laboratory. This is analysed and audited in line withthe UK cancer registry service guidelines. The report provides numbers, rates, relative survival time and some trends for the main cancer groups, as well as comparisons with the South West and Guernsey. Public Health uses this data together with cancer deaths data to monitor the situation in Jersey.

The latest report (2007-09 data) is available on gov.je: Channel Island Cancer Registration Report 2012.

http://www.gov.je/SiteCollectionDocuments/Government%20and%20administration/R%20 CI%20Cancer%20Registration%20Report%202012%20MC%2013012013.pdf

The next cancer registration report (2008-2010 data) will be produced by SWPHO towards the end of this year.

Public Health's' role is to monitor the health of the population and to identify risk factors for health. They routinely monitor cancer incidence and deaths data and will raise any valid concerns about risk to the health of the community.

Cancer Research UK have shown that a large number of cancer cases could be prevented by known lifestyle and environmental factors, like being a non-smoker, keeping a healthy weight, drinking less alcohol, eating a healthy balanced diet, and reducing or avoiding exposure to sunlight and occupational risk factors. Public Health advice continues to be that by living a healthy life people can reduce their risk of developing cancer.

2. An initial look at the possible clustering of cancer incidence data has been undertaken, using the available cancer registration data, but did not allow for identification of any hot spots because of incomplete post code information (over 40% missing). Comprehensive post code data (2010 onwards) is now collected on the hospital IT system which should enable analysis in the future. Nevertheless, the health data set only gives us a location at the time of diagnosis; there is no linked information on how long people have lived in an area, where they work or where they have lived in the past. All of these factors are equally important to assess exposure to a potential cancer risk (e.g. a pollutant) for an individual. For example, someone who lived in an area ofthe UK for 35 years may have been exposed to a cancer risk while living and working there. If the individual then comes to live in Jersey and within 5 years is diagnosed with cancer, their cancer is linked to their Jersey post code, which may not be where they were exposed to the risk factor for that cancer.

See SWPHO Cancer Clusters Factsheet for further general information: http://www.swpho.nhs.uk/resource/item.aspx?RID=9108

3. Nospecific studies have been undertaken regarding Bellozanne. However,aroundten years ago members ofthe public living around Bellozanne were invited to free health screening by their GP.This included blood screening for heavy metals. In addition staffat Bellozanne have had routine health surveillance and screening as part of T&TS health and safety requirements. This type of information is confidential and is not available for collation by the Health and Social Services Department.

The possibility of carrying out a study was discussed with analyst colleagues in SWPHO. Their expert advice was that it would be extremely hard to prove a link between an environmental effect and any health outcome, especially with the relatively small numbers of cancer cases in Jersey. SWPHO have been unable to show anything conclusive regarding suggested cancer clusters around Hinkley Point power station – (http://www.swpho.nhs.uk/resource/item.aspx?RID=35764) and for this reason were doubtful that we would be able to draw any conclusions one way or the other. Their considered advice was that even if we were to find a higher rate of cancer in the area, proving it was due to the emissions from Bellozanne would be extremely difficult.

4. There is no study planned to look specifically at Bellozanne. As explained above, a full epidemiological study is unlikely to prove anything conclusively regarding emissions and cancer incidence locally.

A report from the SWPHO looking at the main risk factors behind the cancers with the higher incidence rates in Jersey is in its final draft and the MoH will report back on this study in the second quarter or this year. This was undertaken in response to a request from Deputy Paul Le Claire for an independent report into Jerseys' higher cancer incidence rates (P144/2011).

16. DEPUTY M.R. HIGGINS OF ST. HELIER OFTHEMINISTERFOR HEALTH AND SOCIAL SERVICES REGARDING THE LEGAL RIGHTS OF PARENTS TO ACCESS RECORDS RELATING TO THEIR CHILDREN:

Question

Further to the response given on 20th November 2012, will the Minister set out in detail the legal rights of parents to any records held by all branches and sections of the Health and Social Services Department relating to their children up to the age when they reached majority and explain the procedures to be followed citing the relevant laws?

Answer

Under the Data Protection (Jersey) Law 2005, individuals have a right to make a request in writing for a copy of information held about them, this will include both computerised and manual records and any type of personal information recorded. This is called a 'subject access request'.

The 'subject access request' can be made by

• The individual themselves
• Those who have parental responsibility (if requesting a child's records)
• A representative nominated by the individual

Subject Access by a minor -

Young people mature enough to understand the implications can make their own decisions regarding Subject Access Requests. Consideration is given as to whether the young person understands the implications of the Subject Access Request and the personal data provided as a result.

Subject Access on behalf of a minor -

A person with parental responsibility for the child can make a Subject Access Request on behalf of a minor. Consideration is given as to whether the Subject Access Request is made solely in the interests of the minor.

17. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE PRICING STRUCTURE OF GIGABIT SERVICES:

Question

Does the Minister, as the shareholder representative, consider that the pricing structure for the Gigabyte Jersey' service is deterring households from signing up and, if not, how does he explain the low take-up rate?

Answer

As the stakeholder representative, it would not normally be appropriate for the Minister to comment on the pricing policy of an incorporated entity. Pricing is a matter for the Board and, where appropriate, the involvement of the JCRA.

However, JT have advised that they consider the relatively low take-up is to a large extent due to the scheduling issues they have faced, which is now a focus of intensive efforts between JT and its suppliers. They do not believe that the current levels of take-up are an indication of low demand for fibre services. JT has also advised that it is carefully reviewing pricing based on customer feedback.

18. THE DEPUTY OF GROUVILLE OFH.M. ATTORNEY GENERAL REGARDING THE REZONING OF 7 SITES FOR SHELTERED HOUSING:

Question

Further to the re-zoning of 7 sites for sheltered housing in July 2008, and the referral of two constituents with their complaints to the States of Jersey Police that same year, could the Attorney General inform members whether he or the Solicitor General were asked to review papers referred to them by the States of Jersey Police with a view to instigating a prosecution and, if so, did these papers refer to all the sites? If not, how many sites were referred to in the papers considered?

Answer

Ordinarily, the Law Officers Department do not comment on particular details of a criminal investigation, advice that may or may not have been obtained by the police during the course of their investigation, or any prosecution decision.

The Chief Minister made a public statement on 16th October 2012 that confirmed that the police found no evidence of criminal wrongdoing. The Law Officers have nothing to add to that statement.

19. SENATOR S.C. FERGUSON OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE NUMBER OF HOUSEHOLDS IN RECEIPT OF SOCIAL SECURITY:

Question

Would the Minister provide details of –

1. the total number of households in receipt of Income Support and total individuals (adult and child) supported including claimant/householder;
2. the number of over 65 year olds in receipt of Income Support but not in receipt of a Jersey pension;
3. the number of those in long term care establishments being funded by socialsecurity aged –

1. under 65
2. over 65 in receipt of Jersey pension
3. over 65 not in receipt of Jersey pension

4. the number of persons in receipt ofIncomeSupport but not included in unemployed figures attending Highlands, Back to Work and other States initiatives by age band, nationality and length of residence (age bands are 16-18, 19-24, 25-34, 35-44, 45-54 and 55-65)

Answer

The data provided in this answer is based on a preliminary analysis of the 2012 Income Support information. Official statistics for 2012 will be published during 2013 and may differ from the results set out below.

As at 31st December 2012 there were 6,724 households, which comprised a total of 11,988 adults and children, in receipt of Income Support. This figure excludes individuals in long-term care.

Of the 11,988 individuals included in the Income Support claims;

• 9,974 individuals (adults and children) were under 65
• 1,962 individuals were over 65 and in receipt of a Jersey Social Security pension
• 52 individuals were over 65 and not in receipt of a Jersey Social Security pension.

As at 31st December 2012 there were an additional 572 individuals in long-term care establishments supported with funding from the Social Security Department, i.e. in receipt of Income Support Residential Care benefit. This figure includes 10 individuals receiving long-term care packages in their own home.

Of the 572 individuals receiving Income Support Residential Care;

• 129 individuals were under 65

• 399 individuals were over 65 and in receipt of a Jersey Social Security pension
• 44 individuals were over 65 and not in receipt of a Jersey Social Security pension
• Of the 44, 23 were in receipt of a Social Security pension from a different jurisdiction.

It should be noted that some individuals receiving long-term care will have needed care throughout their entire adult life and will never have had the opportunity to make Social Security contributions. These individuals will not receive a Jersey Social Security pension.

The figures published each month by the Statistics Unit in respect of Registered Unemployment includes all individuals who are receiving Income Support and are included in a Back to Work scheme or associated States initiative. There are therefore no persons who are in receipt of Income Support and on a Back to Work scheme, or similar States initiative, who are not included in the total of registered unemployment.

Students  over  compulsory  school  leaving  age  who attend Highlands  or  local  sixth forms  are normally exempt from actively seeking work conditions and they are not included in the registered unemployment figures.

The table below shows the number of individuals who are recorded as being exempt from actively seeking work conditions because they are in fulltime education, are over compulsory school leaving age and are part of an Income Support household. This includes students from Highlands as well as other schools and colleges. Individual claimant records would need to be checked manually to identify the name of the educational establishment attended.

This table does not include the total number of individuals receiving Income Support who are in full-time education. If an individual is exempt from working conditionality for a different reason (e.g. they are aged over 65 or have a serious long-term health condition), they will not appear in the table. The table also excludes a small number of job seekers who are currently attending courses at Highlands. These individuals are included in the Registered Unemployment figures.

* All other nationalities

** Only includes 16 year olds who are above compulsory school leaving age

20. SENATOR  S.C. FERGUSON  OF THE  MINISTER  FOR  HEATH  AND  SOCIAL SERVICES  REGARDING MODERN  WORKING GUIDELINES  AND  THEIR RELATIONSHIP WITH THE MENTAL HEALTH (JERSEY) LAW 1969:

Question

Given that the General Medical Council Guidelines for doctors working in mental health have been updated to take account of modern law and practices, will the Minister advise whether there are conflicts between them and the Mental Health (Jersey) Law 1969 and, if so, explain how these guidelines are then applied?

Answer

Firstly, it is important to note that the last General Medical Council Guideline update was in 2006, and there is compliance across those doctors working in the field of mental health.

The Minister can confirm that there are conflicts between modern mental health law and practice, in regard to comparing mental health legislation in England and Wales to the Mental Health (Jersey) Law 1969.

There are two significant issues that the Department are aware of, and work hard to mitigate this conflict:

1. Community Treatment Orders.

Community Treatment Orders were introduced in England and Wales in November 2008, by new sections 17A-G in the UK Mental Health Act 2007. In the Code of Practice it is called Supervised Community Treatment; in the Act those subject to CTOs are called community patients.

In Jersey every effort is made to work to best practice, working with a person in the least restrictive way, which in itself means wherever possible in the community. Our present legislation does not allow our mental health services to direct work in the community under an Article, and, therefore, can only be achieved through working in collaboration and agreement with the person on a voluntary basis, when requiring continued treatment but not necessarily in a psychiatric ward.