States Meeting Transcript - 19th March 2013

STATES OF JERSEY

OFFICIAL REPORT

TUESDAY, 19th MARCH 2013

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

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

1. SENATOR A. BRECKON TO THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE EMPLOYMENT OF PUBLIC RELATIONS CONSULTANTS DURING 2011 AND 2012:.............................................................. 8
   2. DEPUTY J.A. MARTIN OF ST. HELIER TO THE MINISTER FOR HOUSING REGARDING THE GENERATION OF 150 TWO BEDROOM RENTAL HOMES ON THE SUMMERLAND AND AMBULANCE STATION SITES:....................... 9
   3. DEPUTY J.A. MARTIN TO THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE AVAILABLE BUDGET FOR THE DEVELOPMENT OF 150 CATEGORY A' RESIDENTIAL UNITS ON THE SUMMERLAND SITE: ......... 10
   4. THE CONNÉTABLE OF ST. LAWRENCE TO THE CHAIRMAN OF THE PRIVILEGES AND PROCEDURES COMMITTEE REGARDING THE USE OF MEMBERS FACILITIES IN THE STATES BUILDING TO PROMOTE ANY OF THE REFERENDUM OPTIONS :.......................................................... 11
   5. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT TO THE MINISTER FOR HOME AFFAIRS REGARDING THE CREATION OF LEGISLATION ADDRESSING DEATH BY CARELESS DRIVING':................................................ 12
   6. DEPUTY G.P. SOUTHERN OF ST. HELIER TO THE MINISTER FOR HOUSING REGARDING CHANGES TO THE ELIGIBILITY RULES FOR STATES HOUSING AND RENTAL PAYMENTS:......................................................... 13
   7. DEPUTY G.P. SOUTHERN TO THE MINISTER FOR SOCIAL SECURITY REGARDING THE RELEASE TO MEMBERS OF THE WILCOX REPORT AND OTHER RESEARCH DOCUMENTATION INTO THE SOCIAL ASPECT OF THE HOUSING TRANSFORMATION PROGRAMME:................................... 15
   8. DEPUTY G.P. SOUTHERN TO THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE TRANSFER OF STAFF FROM CONNEX TO CT PLUS:.............................................................. 17
   9. DEPUTY M.R. HIGGINS OF ST. HELIER TO THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING BLOOD SCREENING OF RESIDENTS NEAR TO THE BELLOZANNE FACILITY:................................................. 18
   10. DEPUTY M.R. HIGGINS TO THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE HEALTH SCREENING OF EMPLOYEES AT THE BELLOZANNE FACILITY: .......................................................... 18
   11. DEPUTY M.R. HIGGINS OF ST. HELIER TO THE MINISTER FOR HOME AFFAIRS REGARDING THE PROCESSING OF COMPLAINTS AGAINST THE STATES OF JERSEY POLICE:..................................................................... 31
   12. DEPUTY M.R. HIGGINS OF ST. HELIER TO THE CHIEF MINISTER REGARDING

THE FAILURE OF THE DATA PROTECTION COMMISSIONER TO TAKE ACTION REGARDING ALLEGED DATA PROTECTION BREACHES:............ 31

13. DEPUTY G.P. SOUTHERN OF ST HELIER TO THE MINISTER FOR HOUSING REGARDING THE BUSINESS CASE FOR THE HOUSING TRANSFORMATION PROGRAMME: ....................................................................... 32

2. Oral Questions.......................................................................... 33

1. Deputy T.M. Pitman of St. Helier of the Solicitor General regarding the appointment of the Dean of Jersey:..................................................................... 33 Will the Solicitor General inform the Assembly what procedures are followed in the event of a vacancy in the office of Dean of Jersey and who is responsible for making any appointments to the post?.............................................................. 33 Mr. H. Sharp Q.C., H.M. Solicitor General: .................................................. 33

1. Deputy T.M. Pitman: .................................................................. 33
2. Deputy R.G. Le Hérissier of St. Saviour:............................................... 33
3. Deputy M. Tadier of St. Brelade : ...................................................... 34
4. Connétable A.S. Crowcroft of St. Helier:.............................................. 34
5. Senator P.M. Bailhache :................................................................ 34
6. Connétable P.J. Rondel of St. John:.................................................... 34
7. Deputy M.R. Higgins of St. Helier:.................................................... 34
8. Deputy R.G. Le Hérissier:.............................................................. 34
9. The Connétable of St. John:............................................................ 35
10. Senator S.C. Ferguson:.............................................................. 35 Senator I.J. Gorst :............................................................................ 35
11. Senator F. du H. Le Gresley: ........................................................ 35
12. Deputy T.M.Pitman:................................................................ 36

2. Deputy R.G. Le Hérissier of the Minister for Treasury and Resources regarding reducing the cost of the Parish sponsored property development in Trinity ...................... 36 Deputy E.J. Noel of St. Lawrence (Assistant Minister for Treasury and Resources - rapporteur): ........................................................................................ 36

1. Deputy R.G. Le Hérissier:.............................................................. 36
2. Deputy M. Tadier :...................................................................... 36
3. Deputy G.P. Southern of St. Helier : .................................................... 37
4. Senator L.J. Farnham :.................................................................. 37

5. Deputy R.G. Le Hérissier:.............................................................. 37

3. Deputy G.P. Southern of the Chief Minister regarding apprenticeship schemes for young people.................................................................................. 37 Does the Chief Minister consider that, with only 15 apprentices aged 16 to 22, the States as an employer is doing all it can to address the unemployment amongst young people? What extent will Advance to Work or Trackers placements play a role in improving this situation and does he believe that these schemes are adequate substitutes for full apprenticeships?........................................................................ 37 Senator I.J. Gorst (The Chief Minister): ...................................................... 37

1. Deputy G.P. Southern :................................................................. 38
2. The Connétable of St. Helier:.......................................................... 38
3. Deputy J.A. Martin of St. Helier : ...................................................... 38
4. Deputy T.A. Vallois of St. Saviour:.................................................... 38
5. Deputy G.P. Southern :................................................................. 39
6. Deputy G.P. Southern :................................................................. 39

4. Deputy J.A. Martin of the Minister for Housing regarding the development of 150 two- bedroom units on the Summerland and Ambulance site................................ 39 Deputy A.K.F. Green of St. Helier (The Minister for Housing):.............................. 39

1. Deputy J.A. Martin: .................................................................... 40
2. Deputy J.H. Young of St. Brelade:..................................................... 40

3. The Connétable of St. Helier:.......................................................... 40
4. Deputy G.P. Southern :................................................................. 40
5. Deputy J.A. Martin: .................................................................... 40

5. Deputy J.H. Young of the Minister for Planning and Environment regarding the call in of a planning application previously approved by the Planning Applications Panel. ...... 41 Deputy R.C. Duhamel of St. Saviour (The Minister for Planning and Environment):......... 41

1. Deputy J.H. Young:.................................................................... 41
2. Senator L.J. Farnham :.................................................................. 41
3. Deputy J.H. Young:.................................................................... 42

6. Deputy G.C.L. Baudains of St. Clement of the Chief Minister regarding departmental restructuring............................................................................ 42 Senator I.J. Gorst (The Chief Minister): ...................................................... 42

1. Deputy G.C.L. Baudains:.............................................................. 42
2. Deputy T.A. Vallois:................................................................... 43

3. Senator S.C. Ferguson:................................................................. 43
4. Deputy G.C.L. Baudains:.............................................................. 43

7. Deputy M.R. Higgins of the Minister for Transport and Technical Services regarding the transferral of staff to CTPlus........................................................... 44 Deputy K.C. Lewis of St. Saviour (The Minister for Transport and Technical Services):..... 44

1. Deputy M.R.Higgins:.................................................................. 44
2. Deputy T.M. Pitman: .................................................................. 44
3. Deputy T.M. Pitman: .................................................................. 44
4. Deputy G.P. Southern :................................................................. 45
5. Deputy G.P. Southern :................................................................. 45
6. Deputy S.G. Luce of St. Martin:........................................................ 45
7. Deputy M.R.Higgins:.................................................................. 45

8. Deputy M.R.Higgins:.................................................................. 45

8. Deputy K.L. Moore of St. Peter of the Minister for Treasury and Resources regarding the identification of further funding to acquire additional housing sites in the next 2 years. 45 Deputy E.J. Noel (Assistant Minister for Treasury and Resources - rapporteur):.............. 46

1. The Deputy of St. Peter:................................................................ 46
2. Deputy R.G. Le Hérissier:.............................................................. 46

3. Deputy R.G. Le Hérissier:.............................................................. 46
4. Deputy J.H. Young:.................................................................... 47
5. Senator S.C. Ferguson:................................................................. 47
6. Deputy R.G. Le Hérissier:.............................................................. 47

9. Connétable M.P.S. Le Troquer of St. Martin of the Minister for Transport and Technical Services regarding the use of domestic type wheelie bins at sites of special interest. ... 47 Deputy K.C. Lewis (The Minister for Transport and Technical Services):.................... 48

1. The Connétable of St. Martin:.......................................................... 48
2. The Connétable of St. John:............................................................ 48
3. Deputy J.H. Young:.................................................................... 48

10. Connétable J.M. Refault of St. Peter of the Minister for Transport and Technical Services regarding residential parking spaces and the annual parking income which could be derived where Residential Permits not in place......................................... 48 Deputy K.C. Lewis (The Minister for Transport and Technical Services):.................... 49

1. The Connétable of St. Peter:........................................................ 49
2. Deputy R.G. Le Hérissier: .......................................................... 49
3. Deputy J.A. Martin:................................................................. 49
4. The Connétable of St. John:......................................................... 50
5. Deputy G.P. Southern :.............................................................. 50
6. The Connétable of St. Martin:....................................................... 50

7. The Connétable of St. Helier : ....................................................... 50
8. Deputy J.A. Hilton of St. Helier:.................................................... 50
9. The Connétable of St. Peter:........................................................ 51

11. Deputy R.G. Le Hérissier of the Solicitor General regarding the appointment and day today management of the Dean of Jersey. ................................................ 51 The Solicitor General:........................................................................ 51

1. Deputy R.G. Le Hérissier: .......................................................... 51
2. Deputy T.M.Pitman:................................................................ 52
3. Deputy M. Tadier :.................................................................. 52
4. Deputy M. Tadier :.................................................................. 52
5. The Connétable of St. John:......................................................... 52
6. Deputy J.H. Young:................................................................. 52
7. Deputy M. Tadier :.................................................................. 53
8. Deputy M.R. Higgins: .............................................................. 53
9. Deputy R.G. Le Hérissier: .......................................................... 53

12. Deputy J.H. Young of the Minister for Planning and Environment regarding re-opening the Planning Inquiry for Plémont Holiday Village...................................... 53 Deputy R.C. Duhamel (The Minister for Planning and Environment):........................ 53

1. Deputy J.H. Young:................................................................. 54
2. Deputy J.H. Young:................................................................. 54

13. Deputy G.P. Southern of the Minister for Housing regarding the assumptions within the summary financial projection of £240 million for the proposed new Housing Company for rental incomes in years 1 to 5....................................................... 54 Deputy A.K.F. Green (The Minister for Housing):........................................... 54

1. Deputy G.P. Southern :.............................................................. 55
2. Senator A. Breckon:................................................................ 55
3. Deputy M.R. Higgins: .............................................................. 55
4. Senator S.C. Ferguson:.............................................................. 55
5. Deputy J.A. Martin:................................................................. 56
6. Deputy M. Tadier :.................................................................. 56
7. Senator A. Breckon:................................................................ 57
8. Deputy M.R. Higgins: .............................................................. 57
9. Deputy G.P. Southern :.............................................................. 57

14. Deputy J.A. Martin of the Minister for Treasury and Resources regarding ............. 57 Deputy E.J. Noel (Assistant Minister for Treasury and Resources - rapporteur):.............. 58

1. Deputy J.A. Martin:................................................................. 58
2. Deputy J.A. Martin:................................................................. 58

15. Deputy M.R. Higgins of the Minister for Home Affairs regarding Data Protection Breaches by Police Officers. ........................................................... 58 Senator B.I. Le Marquand (The Minister for Home Affairs):................................. 58

1. Deputy M.R. Higgins: .............................................................. 59
2. Deputy T.M.Pitman:................................................................ 59
3. Deputy T.M.Pitman:................................................................ 60
4. Deputy M.R. Higgins: .............................................................. 60
5. Deputy M.R. Higgins: .............................................................. 60

16. Deputy T.M. Pitman of the Solicitor General regarding allegations of fraud against lawyers. ................................................................................ 60 The Solicitor General:........................................................................ 61

3. Questions to Ministers Without Notice - The Minister for Economic Development .. 61

1. Deputy G.C.L. Baudains:.............................................................. 61 Senator A.J.H. Maclean (The Minister for Economic Development):........................ 61

2. Deputy M.R.Higgins:.................................................................. 61
3. Deputy T.M. Pitman: .................................................................. 61
4. Deputy G.C.L. Baudains:.............................................................. 62
5. The Connétable of St. John:............................................................ 62
6. Deputy J.M. Maçon of St. Saviour:.................................................... 62

3.6.1 Deputy J.M. Macon: ................................................................... 62

7. Deputy M.R.Higgins:.................................................................. 63

3.7.1 Deputy M.R. Higgins:.................................................................. 63

8. Connétable J. Gallichan of St. Mary.................................................... 63
9. Deputy J.H. Young:.................................................................... 64
10. Deputy J.H. Young:.................................................................... 64

4. Questions to Ministers Without Notice - The Chief Minister.......................... 64

1. The Connétable of St. John:............................................................ 64 Senator I.J. Gorst (The Chief Minister): ...................................................... 65

1. The Connétable of St. John:............................................................ 65
   2. Deputy T.M. Pitman: .................................................................. 65
   3. Senator S.C. Ferguson:................................................................. 66
   4. Deputy J.H. Young:.................................................................... 66

4.4.1 Deputy J.H. Young:.................................................................... 66

5. The Deputy of St. Peter:................................................................ 66
6. Deputy S. Pinel of St. Clement:........................................................ 67
7. Deputy R.G. Le Hérissier:.............................................................. 67
8. Deputy M.R.Higgins:.................................................................. 67

STATEMENT ON A MATTER OF OFFICIAL RESPONSIBILITY...................... 68

5. Chairman of the Comité des Connétable s will make a statement regarding those who helped during recent blizzard conditions in the Island................................ 68

5.1 Connétable J.L.S. Gallichan of Trinity (Chairman, Comité des Connétable s):.......... 68

1. Senator I.J. Gorst :...................................................................... 68
2. Senator S.C. Ferguson:................................................................. 68
3. Senator S.C. Ferguson:................................................................. 69
4. Senator L.J. Farnham :.................................................................. 69
5. Deputy J.H. Young:.................................................................... 69
6. Deputy J.M. Macon: ................................................................... 70
7. Deputy K.C. Lewis : .................................................................... 70

PUBLIC BUSINESS ............................................................................ 71

6. Green Initiative Fund: establishment (P.12/2013)...................................... 71

6.1 Deputy G.P. Southern :................................................................. 71

1. Deputy R.C. Duhamel:................................................................. 74
2. Deputy E.J. Noel:...................................................................... 75
3. Senator A. Breckon:.................................................................... 76
4. Senator S.C. Ferguson:................................................................. 77
5. Connétable D.J. Murphy of Grouville : ................................................. 78

LUNCHEON ADJOURNMENT PROPOSED................................................. 78 LUNCHEON ADJOURNMENT................................................................ 78

Deputy G.P. Southern : ....................................................................... 78

6. Deputy M.R.Higgins:.................................................................. 79
7. Deputy J.H. Young:.................................................................... 79

8. The Connétable of St. John:............................................................ 80
9. Deputy J.M. Maçon: ................................................................... 80
10. Senator A.J.H. Maclean:............................................................ 80
11. The Deputy of St. Peter:............................................................ 81
12. The Connétable of St. Helier : ....................................................... 81
13. Senator P.F. Routier: ................................................................ 82
14. Deputy M. Tadier :.................................................................. 83
15. Senator F. du H. Le Gresley: ........................................................ 84
16. Deputy T.M.Pitman:................................................................ 84
17. Senator I.J. Gorst :................................................................... 85
18. Deputy J.A. Martin:................................................................. 85
19. Deputy G.P. Southern :.............................................................. 86

7. Minimum Wage: revised hourly rate from 1st April 2013 (P.25/2013)................ 87

7.1 Deputy G.P. Southern :................................................................. 88

1. Senator P.F. Routier:................................................................... 90
2. Senator F. du H. Le Gresley:........................................................... 90
3. Deputy M. Tadier :...................................................................... 92
4. The Connétable of Trinity :............................................................. 93
5. Senator P.M. Bailhache :................................................................ 94
6. Senator A.J.H. Maclean: ............................................................... 95
7. Deputy M.R.Higgins:.................................................................. 95
8. Deputy S. Pinel:........................................................................ 96
9. Connétable S.W. Pallett of St. Brelade:................................................ 97
10. Deputy G.P. Southern :.............................................................. 97

8. Draft Employment (Minimum Wage) (Amendment No. 9) (Jersey) Regulations (P.13/2013) .............................................................................. 99

1. Senator F. du H. Le Gresley (The Minister for Social Security):........................ 99

1. Deputy J.H. Young:.................................................................. 100
2. Senator P.F. Routier:.................................................................. 100
3. Deputy G.P. Southern :................................................................ 101
4. Deputy M. Tadier :.................................................................... 101
5. Deputy M.R.Higgins:................................................................ 102
6. Senator F. du H. Le Gresley:.......................................................... 102 The Deputy of St. Peter (Chairman, Health, Social Security and Housing Scrutiny Panel):.. 104

2. Senator F. Du H. Le Gresley:......................................................... 105

9. Draft Social Security (Amendment of Law No. 5) (Jersey) Regulations 201- (P.15/2013) ............................................................................. 106

1. Senator F. Du H. Le Gresley (The Minister for Social Security):...................... 107

1. Deputy G.P. Southern :................................................................ 108
2. Senator F. Du H. Le Gresley:......................................................... 109

2. Senator F. Du H. Le Gresley:......................................................... 110

3. Draft Social Security (Amendment of Law No. 5) (Jersey) Regulations 201- (P.15/2013) - amendment (P.15/2013 Amd.).......................................... 110

1. Deputy G.P. Southern :................................................................ 110
2. Senator F. Du H. Le Gresley:......................................................... 111
3. Deputy G.P. Southern :................................................................ 113

10. Beach House, Green Island, St. Clement : grant of a right to access through the sea wall (P.16/2013) ........................................................................ 116

10.1 Deputy E.J. Noel (Assistant Minister for Treasury and Resources - rapporteur): ...... 116

1. Senator F. Du H. Le Gresley:...................................................... 119
2. Connétable L. Norman of St. Clement:............................................ 120

ADJOURNMENT............................................................................ 123

[9:30]

The Roll was called and the Assistant Greffier of the States led the Assembly in Prayer. QUESTIONS 1. Written Questions

1.1. SENATOR A. BRECKON TO THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE EMPLOYMENT OF PUBLIC RELATIONS CONSULTANTS DURING 2011 AND 2012:

Question

Would the Minister advise members if Public Relations Consultants were employed by the department during 2011 and 2012 and, if so, identify -

1. who they were and why they were used; and,
2. how much they were paid in 2011 and 2012?

Answer

1. Economic Development delivers a significant number ofproducts and services across a diverse number of sectors to support the local economy stimulate economic growth and create job opportunities.

Jersey Tourism's marketing and PR campaigns are designed to attract visitors to the Island through a combination of communications which include TV, press, digital and social media which are used in all source markets including the UK, France and Germany where local public relations companies are contracted to handle media coverage and organise visits for appropriate journalists. Contracting with Public Relations agencies in the target markets is critical to maximising the investment made in marketing Jersey as a destination. The benefits include, for example, working with local journalists within the target markets to make sure Jersey is properly and effectively represented. The value created is measured by the additional media coverage and interest generated in all of our existing source market as well as opening up new ones. In the 2011 and 2012 the total spend to tourism PR agencies, based outside Jersey, totalled £280,041.

Locate Jersey operates in targeted overseas markets, in conjunction with partner agencies such as Jersey Finance, Digital Jersey and the Jersey Financial Services Commission to raise awareness of the Island and the business opportunities it can provide.

Developing Jersey's international profile, international networks and local partnership is critical to the success of Economic Development and the local economy. In Europe alone there is over 800 development agencies each trying to attract new investment. For Jersey to compete in this highly competitive market using PR and Press Management professionals is a key to generating new foreign investment in Jersey. The advice received has included developing literature, marketing, research, and communication strategies in the target markets.

In addition to these source market based agencies for tourism, inward investment and international trade, Economic Development has also used professional agencies to make sure the local business community is fully aware of the programmes and support available. The advice received has included developing new brands such as Jersey Business Ltd and Digital  Jersey,  literature  development, advice on  social  media, digital communications, event management and market research.

2. Thetotalamount paid toPR Consultants in Jersey for 2011and2012 is detailed inthetable below:

All Public Relation agencies have been selected via competitive tendering in line with States Financial Directions, and have signed service levels agreement in accordance with Financial Directions. These agreements are reviewed on a regular basis.

2. DEPUTY  J.A. MARTIN  OF ST.  HELIER  TO THE  MINISTER  FOR  HOUSING REGARDING THE GENERATION OF 150 TWO BEDROOM RENTAL HOMESON THE SUMMERLAND AND AMBULANCE STATION SITES:

Question

Given that in his written comments to P.92/2012 (Police Station Relocation: review of decision' (P.92/2012) the Minister  for  Housing stated that the Summerland  and  Ambulance site  could generate some 150 two bedroom rental homes', would he advise -

1. from where the budget is coming for these units?
2. who will develop the site (the States, a housing trust or another)?
3. what assurances, if any, have been given that, should the site be sold, all development on the site will be category A' homes for social rental?

Now that Green Street has been selected as the preferred site for the new Police Headquarters, can the Minister give an indication as to when these social rental homes will be delivered?

Answer

These two sites could indeed generate at least 150 social rented homes, as detailed in the Minister for Planning & Environment's annual report on Residential Land Availability.

1. Funding for these sites is included in the borrowing arrangements, as described in R15/2013, the Full Business Case which supports my Report and Proposition for the Reform of Social Housing.

The Business Case recognised that the new Housing Company requires external finance in order to meet its objectives. The States of Jersey may, for major investments such as social housing, which have long term benefits, decide to borrow in order to finance the project. The States of Jersey are presently exploring a range of options.

The Treasury Department have estimated that borrowing of up to £200m over a 20 year period is proposed to be made available to the Housing Company at a fixed interest rate of 5% per annum.

2. The Housing Department – proposed tobe a wholly States-owned Housing Company at that time – will develop these sites.
3. The sites will not be sold, but retained by the proposed new wholly States-owned Housing Company for affordable housing.

The release of these sites for development is not within my remit. However, it is my understanding that the Summerland site will be released in 2016 – making it possible for new homes to be delivered in 2018/2019. I understand that the Ambulance site will be released in 2017, with new homes being delivered in 2019/2020.

3. DEPUTY J.A. MARTIN TO THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE AVAILABLE BUDGET FOR THE DEVELOPMENT OF 150 CATEGORY A' RESIDENTIAL UNITS ON THE SUMMERLAND SITE:

Question

Can the Minister advise whether there is an existing budget or an identified funding source for the development of 150 category A' residential units on the Summerland site and, if not, would he explain how the units could be built on the site, as stated by the Minister for Housing in his written comments on P.92/2013 (Police Station Relocation: review of decision' (P.92/2012)?

Answer

The funding for these sites is included in the borrowing arrangements, as described in R15/2013, the Full Business Case which supports the Report and Proposition for the Reform of Social Housing.

The Business Case recognised that the new Housing Company requires new sources of finance beyond the traditional capital programme in order to meet its objectives.

The States of Jersey may, for major investments such as social housing, which have long term benefits, decide to borrow in order to finance the project.

The Treasury is presently exploring a range of financing options. These include the use of infrastructure investment and external borrowing against the rental income stream.

It is proposed that the Housing Department, in its future form as a wholly States-owned Housing Company, will develop these sites.

It is planned that the sites will not be sold, but retained by the proposed new wholly States-owned Housing Company for affordable housing.

If for any reason the Housing Company did not develop the sites, they could be developed by another social housing provider as Category A housing and financed through equity, commercial borrowing or a combination of both.

4. THE CONNÉTABLE OF ST. LAWRENCE TO THE CHAIRMAN OF THE PRIVILEGES AND PROCEDURES COMMITTEE REGARDING THE USE OF MEMBERS FACILITIES IN THE STATES BUILDING TO PROMOTE ANY OF THE REFERENDUM OPTIONS :

Question

How is the Committee ensuring that Members' facilities in the States building are not and will not be used by individual politicians or pressure groups to promote any of Options A, B or C of the referendum?

Answer

PPC agreed a set of rules regarding the use of Members; facilities which it presented to the States, and which were appended to R.112/2007. These set out conditions of use all members are expected to comply with them. The facilities in the States Building are provided at public expense for all States members and are made available to assist members to undertake their political duties. It is, therefore, essential that they are not used for other purposes or in a way that interferes with the ability of all members to use the facilities for their intended purpose. PPC would not expect that members would use the meeting rooms or States' members' facilities for the holding of meetings for lobby groups supporting one or other of the Reform Options in the Referendum, nor should members use the photocopying facilities for this purpose.

If the inadvertent misuse of the members' facilities should occur, and this is brought to the attention of the Ushers or the Greffier and his staff, appropriate advice is given. For the avoidance of doubt, the conditions of use of the Members' Facilities are appended for members' guidance.

Appendix

CONDITIONS OF USE FOR MEMBERS' AREAS AND FACILITIES WITHIN THE STATES BUILDING

1.  Introduction

The facilities in the States Building that are provided at public expense for all States members are made available to assist members undertake their political duties. It is, therefore, essential that they are not used for other purposes or in a way that interferes with the ability of all members to use the facilities for their intended purpose.

2 General

Subject to the exceptions set out below, the facilities must only be used for purposes directly related to members' individual political duties. They must not be used at any time for meetings of outside organisations such as interest groups, charities or political lobbying groups/parties where it would be inappropriate for public money to be used to support the activities.

Members must ensure that all exterior doors into the States Building are securely closed after entering or leaving the building. Under no circumstances must any exterior door be left open to allow access. Members who introduce constituents or other visitors into the building must make appropriate arrangements to meet them at the external door and then escort them back to the door to ensure that they leave the building and that the doors are secure. Members are responsible for any guests that they allow into the building and must take care to ensure that no guests enter other parts of the building alone.

3. Small interview rooms

The 2 small interview rooms are provided for members to hold meetings with a small number of colleagues, constituents  or other  members of the public. The meeting rooms have a capacity  of between 6 to 8 people and this capacity must not be exceeded at any time. Members should take care in relation to their own security, particularly out of hours, when meeting constituents or members of the public in these rooms.

4. Members' Communication Room and Locker Room

These 2 rooms that contain computers and other equipment and members' lockers are exclusively for use by States members. No-one else is permitted to enter the facilities or use them at any time, even if accompanied by a member. The facilities are provided for shared use by all members and members must not therefore purport to have exclusive use of a desk or workstation in this area. Lockers are available to members who wish to leave papers and other personal belongings in the members' area. Members are expected to keep the facilities tidy and should ensure that they are left in a clean and orderly state when leaving the room.

5. Large 'Lunch' Room

This room is normally for the exclusive use of States members and will occasionally be booked for meetings of members when no other large enough room is available. In these circumstances members will be notified that the room is to be used for a meeting so that those wishing to access the Communications Room are aware. No use will be allowed of the meeting room that in any way prevents or inhibits free access to and from the Communications Room for members.

No meetings involving persons who are not members of the States must be held in the "Lunch" Room without the prior consent of PPC (this can be sought through the intermediary of the States Greffe). Approval may be given for meetings related to a voluntary or charitable purpose, but permission will not be given for the room to be used for any political lobbying/party purpose. In addition, before giving approval, PPC will need to be satisfied that appropriate arrangements for access and security have been put in place and that the meeting will not in any way prevent use of other facilities by members. If the presence of an usher is considered necessary to ensure adequate security a charge may be levied.

6. 'Quiet' common room

This room containing comfortable chairs is for the exclusive use of members although members may introduce a small number of constituents or other members of the public for informal meetings. The normal rules on use of the facilities solely for purposes associated with a member's States duties apply. As the room is available equally to all members at all times the 2 interview rooms will normally be more appropriate to use for meetings with constituents, etc. Members may allow a small number of family members or close friends to remain in the room if, for example, they are waiting for a member who is working in the Communications Room.

7. Photocopier and other equipment

In accordance with the general principles of usage, the photocopier and other equipment must only be used for purposes directly related to members' States duties. The photocopier is provided to assist members with small quantities of printing and copying and is not designed for very large volumes of copying. Members who have a genuine need for large numbers of photocopies (for example background documents to distribute during a debate) should contact the States Greffe so that appropriate arrangements can be made. The photocopier must never be used for copying election material for a member himself or herself or for any other candidate.

5. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT TO THE MINISTER FOR HOME AFFAIRS REGARDING THE CREATION OF LEGISLATION ADDRESSING DEATH BY CARELESS DRIVING':

Question

Would the Minister advise when he will be giving his recommendations to the Minister for Transport and Technical Services regarding the creation of legislation addressing 'death by careless driving', so that the latter may bring draft legislation to the States for debate?

Answer

I have recently established a working party to examine the current penalties for a variety of motoring offences. The working party comprises representatives from the Law Officers' Department, the Courts, the States of Jersey Police, the Honorary Police, the Home Affairs Department and the Transport and Technical Services Department. At our first meeting we discussed the introduction of a new offence of causing death by careless driving and were in agreement that there is a current lacuna within legislation and that this offence should be introduced in Jersey with penalties aligning with those for this type of offence in the UK.

The offence in the UK carries a maximum penalty of an unlimited fine and five years' imprisonment with mandatory disqualification in the absence of any special reason of 1 year.

The working party's work on penalties is continuing and a further meeting will be necessary in order to finalise the work on that. It is likely that the recommendation to the Minster for Transport and Technical Services in relation to a new offence of causing death by careless driving' will await the recommendations on the wider issues.

6. DEPUTY G.P. SOUTHERN OF ST. HELIER TO THE MINISTER FOR HOUSING REGARDING CHANGES TO THE ELIGIBILITY RULES FOR STATES HOUSING AND RENTAL PAYMENTS:

Question

Will the Minister explain why the Housing Transformation Programme proposals have not addressed the advice from Professor Whitehead regarding Social Housing on pages 44 -45 of her Report that the "current eligibility criteria are very constraining" such that "the waiting list is restricted to match the vacancies" and that to meet the unmet need for "those in long term housing need, the appropriate size of the sector would be 20% or 25% (higher)"?

In particular will he advise why

1. no changes to eligibility rules for States housing have been proposed, and
2. the overall growth of the social housing sector proposed amounts only to 2% (84 additional properties) over 20 years?

Will he confirm that the additional rental income produced from those in receipt of Income Support (IS) will be as indicated on page 52 and will he produce similar figures for the additional rental income for those not in receipt of IS?

Will the Minister agree to circulate to States and private tenants a calculator to enable tenants to understand what the Minister's proposals will mean to their rental payments in the short (1 year), medium (5 year) and long term (10 year)?

Answer

The proposals set out have been put  forward with the aim of addressing the advice given in Professor Whitehead's Review of Social Housing in Jersey.

I feel that her comments still stand and that the waiting list is restrictive in its current state and agree the sector needs to grow to meet the real demand for social housing in the Island.

However,

1. Widening the qualifying criteria for social housing is something I am determined to do. I could widen it today, by Ministerial Decision, but I believe it would be dishonest to do that now, when demand is already far outweighing the supply of affordable homes.

I have included in my proposals the establishment of a Strategic Housing Unit which will see the delivery of an island-wide housing strategy. I will expect that strategy to properly investigate the criteria for social housing and make recommendations for how it should be widened – and indeed how supply can be increased to reflect and deal with the increased demand.

The Strategic Housing Unit will be responsible for the management and further development of the Affordable Housing Gateway and associated criteria, having the ability to widen the qualifying criteria but also to champion the delivery of additional affordable homes to meet that increased demand.

2. My proposals aim to deliver far more benefits than an increase in the social housing stock of only 1.8% over the 30 year period. They will also see the existing stock brought up to Decent Homes Standard within a 10 year period, will see an additional 300 affordable homes delivered and provide the Housing Trusts with the ability to deliver an additional 203 social rented homes. They will also create a new housing company, one which is more commercially agile and flexible to respond quickly to the changing housing needs ofthe Island.

The business case allows for all sites currently in States ownership and designated for social housing to be developed. However, the new company can and will deliver further social housing for viable schemes if further sites are identified and borrowing is made available. I am delighted that the Treasury & Resources Minister has indicated that this will be the case.

The penultimate column in the table on page 52 of the Report & Proposition shows, in real terms, the modelled additional rental income from the proposed rent policy compared with the existing rent policy, which is constrained to the levels set within the Income Support regulations. This additional rental income is from all tenants regardless of whether they are in receipt of Income Support. The amount of this additional rent expected to be paid by Income Support is shown in the final column.

As I have made clear in my proposals, existing social housing tenants will not be affected by the proposed rents policy whilst they remain in their existing homes and will only see annual inflation based increases, as has been the case in most years to date.

Tenants moving within the stock will move to the 90% of market rental for their new property. The level of this new rental will vary significantly depending upon the individual property and its current rental.

On average only 7% of the social housing stock become vacant in any one year, so it will take many years for the policy to be fully implemented. Tenants move for a variety of reasons, with some moving to larger accommodation as their family grows, whilst the majority move to smaller accommodation as their family reduces in size.

It is, therefore, not possible to create a calculator which will serve all tenants adequately or even give an approximation of the likely effect, given the many variables identified above and individual circumstances.

It is important to remember that under my proposals, all tenants on Income Support will be fully protected from the proposed rents policy. In addition, in future, all tenants will be offered homes that will meet the decent homes standard and will be more economical to run. Crucially, all tenants will be fully aware of the cost of the rental payments before they accept their new property.

7. DEPUTY G.P. SOUTHERN TO THE MINISTER FOR SOCIAL SECURITY REGARDING THE RELEASE TO MEMBERS OF THE WILCOX REPORT AND OTHER RESEARCH DOCUMENTATION INTO THE SOCIAL ASPECT OF THE HOUSING TRANSFORMATION PROGRAMME:

Question

Following the lodging of P.33/2013 and the presentation of R.15/2013, will the Minister release to members the Wilcox Report and other research documentation into the social impact of the Housing Transformation Programme previously withheld under exemption 3.2 (a)(xiv) - policy in development?

Given the intention of the Minister for Housing to maintain the payment in real terms of the housing component of Income Support (IS) (currently £26.1 million in 2013), will he give a detailed breakdown of the £67 million paid out in weekly benefit to IS claimants in 2011 in terms of adult, single parent, child, household, and rental (and other) components, giving a further breakdown of the rental component into States, Trust and private sector landlords?

Will he also demonstrate for members how the figures contained on page 52 of P.33/2013 showing a low cost for additional rent to be paid by IS can be related to the figures given in P.33 of overall change of rents from 69% (currently) to 90% of private sector rent levels?

Will the Minister provide for members a similar chart for incomes, given under 5.14 of P.33 (page 54) for those not in receipt of IS, for those who are receiving IS

Answer

As noted at paragraph 2.27 of P.33, the Housing Department  "appointed experienced and respected advisers to assist in the development of policy proposals including financial advisers Sector Treasury Services Ltd, legal advisers Trowers and Hamlins LLP and governance and regulation advisers Cambridge University Technical Services Ltd."

Professor Wilcox produced one draft report on behalf of Sector Treasury Services Ltd. This report was never finalised. Professor Wilcox's draft report relates to proposals that do not form part of the current proposition and it is based on information that is now out of date, in particular the 2001 Census.

I can confirm that I intend to publish a report on possible changes to private sector rental support in parallel with the proposed HTP changes, and subject to the agreement of the Minister for Housing, Sector Treasury Services Limited's draft report, which includes a discussion of some options in respect of support for private sector rentals, can be made available at that time to any States Member that requests it.

Contrary to the wording of the question, the Minister for Housing does not make any payments in respect of the housing component of income support. Since 2008, the Housing Department has made an annual return from its rental income to the States Treasury. There is no specific link between  the  value  of  this  annual  return  and  the  allocation  of  funds  to  the  Social  Security Department in respect of Income Support.

The Income Support report for 2011 (R.126/2012) provides a wide range of information on income support components. For example, table 20 on page 19 provides an analysis of the £24.4 million identified as the cost of accommodation components across the full range of tenure types.

The net expenditure of £66.9 million on Income Support weekly payments in 2011 can be allocated to components and tenure types as follows:

The Housing Department has undertaken the calculations contained in P.33, including the table on page 52. The additional cost shown in that table relates to the change of policy proposed by the HTP. i.e. the move from capping rents at current "fair rent"  levels to capping at 90% of market rental. The costs in that table are quoted excluding inflation and, for example, cannot be compared directly with the table on page 45, which includes the impact of inflation. The figures on page 45 also include the additional income that will be generated from the completion of additional rental units. It should be noted that the proposed policy is to only implement the fair rent level following a change of tenancy. This minimises the increased cost of Income Support in the early years of the HTP.

The table on page 54 of P.33 provides some information on the household income of Housing Department tenants who are not receiving income support. The information in this table has been collated from a range of data sources available to the two departments and it only provides a general and approximate indication of the range of income levels.

Detailed information on income available to income support households is available in the 2011 Income Support report. The table below shows the distribution of the level of total annual income from all sources for Housing Department tenants who are in receipt of Income Support, as at 31st December 2011.  Total income levels include Income Support payments but do not include income from savings and investments.

The information in this table is taken directly from Income Support records and is not directly comparable with the information provided in the table on page 54.

8. DEPUTY  G.P.  SOUTHERN  TO  THE  MINISTER  FOR TRANSPORT  AND TECHNICAL  SERVICES  REGARDING  THE  TRANSFER  OF  STAFF  FROM CONNEX TO CT PLUS:

Question

Further to his statement on 5th March 2013 that "CT Plus, now operating as Liberty Bus offered employment on the same key terms to all Connex staff who were eligible to transfer including in relation to pensions, holiday entitlement, health care, basic working hours, continuity of service entitlement.", does the Minister consider that his use of the words "key terms" is misleading, in that the relevant clause of the Connex contract (18.3) has the words "on the same terms and conditions" and is therefore absolute and not open to the interpretation he has placed on it?

Does he believe that the five terms he refers to are all of the "terms and conditions" required in a bus workers contract which have to be the "same", or are there others?

Will he list for members all the terms and conditions which are in the CT Plus and previous Connex contracts to demonstrate their differences, if any?

Does the Minister consider that he has failed to ensure that bus service tenders were accepted and judged under the terms of article 18.3 of the Connex contract?

Answer

I would refer members to my statement of 5th March 2013 and to my response to Q7152.

As I have said on a number of occasions, there was no obligation to "deliver the transfer of all staff "on the same terms and conditions"".

I would again refer members to the full text of clause 18.3 as set out in my response to Q7152. I do not consider that there is anything misleading about my use of the words "key terms".

The recent transfer of bus service staff took place in accordance with the requirements of clause 18.3. If Deputy Southern is of the view that this is not the case then I would be grateful if he would provide me with full written details of the ways in which he believes we have failed to comply with these requirements.

9. DEPUTY M.R. HIGGINS OF ST. HELIER TO THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING BLOOD SCREENING OF RESIDENTS NEAR TO THE BELLOZANNE FACILITY:

Question

Further to the Minister's responses to a written question on 19th February 2013 and to written and oral questions on 5th March 2013, would the Minister set out all the information the Department possesses reading blood screening of residents close to the Bellozanne facility and, if not, why not?

Answer

HSSD has provided all the information that it holds on file in relation to the screening of residents close to Bellozanne. This information was provided in the answers to question 7429 and 7494.

The screening undertaken in 2006 and 2007 was at the instigation of the then Minister for Health, and as such was not managed by HSSD's Public Health Department as would be the norm for public health screening. As a result, detailed records of the screening process are not available other than blood test result for the 3 residents who chose to participate. These results show no anomalies.

10. DEPUTY M.R. HIGGINS TO THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE HEALTH SCREENING OF EMPLOYEES ATTHE BELLOZANNE FACILITY:

Question

Will the Minister set out for members in detail all health screening of Transport and Technical Services employees who have worked at the Bellozanne facility together with frequency of testing, types of testing and anonymised results?

Answer

In answering this question we are assuming the term Bellozanne facility relates to the Energy from Waste Plant.

The first records of employees at the Bellozanne Energy from Waste Plant undergoing any occupational health surveillance was in 1991. It is understood this was at the suggestion of the current Chief Medical Officer of Health. Subsequently the Department was advised on the biological monitoring by the Occupational Health service provider to the States of Jersey at the time (BMI Health Services and then Capita), with all results being reviewed by a UK Health and Safety Executive approved Occupational physician.

A sampling regime was set up to monitor staff that worked in the EFW plant, maintenance staff who might occasionally work there, or staff that transported incinerator top or bottom ash. The sampling concentrated on the heavy metals lead and cadmium, and the biological sampling carried out was on a voluntary basis and continued until 2006.

The Department followed the requirements of the UK "Control of Lead at Work Regulations 1998 (updated in 2002) Approved Code of Practice". This provided an appropriate protocol for sampling and indicated the actions to be taken by the employer if certain action levels were reached.

The Control of Lead at Work Regulations sets a number of conditions for the employer including an action level of 50 gms/deci liter of blood as the level at which an employer has to check that their safety controls to prevent lead exposure are working. And also an action level of 60 gms/deci liter

where the employee must be withdrawn from working where lead exposure is occurring.

The sampling indicated that none of the action levels set out in the Approved Code of practice had been reached. – Ref Graph and data for lead

Alongside lead, Cadmium was also sampled for and the reference point used to determine high exposures were the average levels determined by the World health Organization as an international average blood level for a smoker.

The levels for Cadmium were within the average levels expected within the international population as a whole, 0-3.0 gms/lt of blood for non-smokers and up to 6.0 gms/ litre for a smoker.

There were no results that indicated that exposure was any higher than could be expected of an average smoker.

After 2006 the biological sampling regime was stopped as the results were low enough that under the Control of Lead at Work requirements the employer was no longer required to carry out any biological monitoring. At the same time the sampling for Cadmium was halted as levels were not indicating any issues. These decisions were taken in conjunction with the Occupational Health physician at the time.

From approximately 1999 to the present day other forms of occupational health surveillance are being been carried out and continue to be carried out based on occupational health risk assessments of the work staff undertake. Groups therefore receive regular appointments for checks such as hearing, lung function, and skin checks, depending on where they work. Information on these results is held by the Occupational health Service provider, AXA.

Graph – 1 - Biological Sampling - Blood Lead Averages Per Sample Group

70 60 50 40 30 20 10 0

Employee must be withdrawn from working with lead

Employer must investigate control measures

Employer must start health surveillance for lead

Action Levels from Control of Lead at Work Regulations Y Axis = Micrograms / Deci Lt Blood

ENERGY FM WASTE ASH HANDLING MECH MAINTAINANCE CONROL GROUP

Energy from Waste Plant Staff - Ranked

Non Energy from Waste Plant Staff - Ranked

Graph – 1 - Biological Sampling - Blood Cadmium Averages Per Sample Group

6 5 4 3 2 1

International average for a smoker

References from World Health Organisation Research

Y Axis + Micrograms / Lt of blood

International average for a non smoker

ENERGY FM WASTE ASH HANDLING

Energy from Waste Plant Staff - Ranked