States Meeting Transcript - 19th November 2013

STATES OF JERSEY OFFICIAL REPORT

TUESDAY, 19thNOVEMBER 2013

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

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

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

2. Written Questions........................................................................8

1. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING TAMIFLU:......................8

2. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE ENERGY FROM WASTE PLANT:.................................................................8

3. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING GARDASIL VACCINES: ....10
4. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE CHAIRMAN OF THE PRIVILEGES AND PROCEDURES COMMITTEE REGARDING ACCESS TO THE 2006 MORI POLL RESULTS:....................................................12

5. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING THE TREATMENT BY THE POLICE AND THE COURT OF THE WOMAN KNOWN AS H.G:..................................................12

6. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING A REVIEW OF THE H.G. CASE:.....................................13
7. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING H.G. AND HER DEPARTURE FROM THE ISLAND:...14
8. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING CIVIL SERVICES AND PUBLIC SECTOR CODES:................15
9. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE IMPACT OF BULGARIAN AND ROMANIAN IMMIGRATION TO THE ISLAND: ..................................................15

10. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING THE INVESTIGATIONS INTO THE STARTING PISTOL INCIDENT AT A SECONDARY SCHOOL:..................16

11. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE NUMBER OF RESIDENTS IN JERSEY WITH ENTITLED STATUS (FORMER (1)(1)(K) STATUS) WHO ARE ALSO FRENCH NATIONALS:................................................................17

12. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR HOME AFFAIRS REGARDING THE PROGRESS ON THE INTRODUCTION OF PENALTIES FOR LITTERING AND DOG FOULING:..............................18

13. DEPUTY J.H. YOUNG OF ST. BRELADE OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING PROCEDURES USED BY INCOME TAX TO ADMINISTER ITIS RATES:...........................................................18

14. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE CHIEF MINISTER REGARDING THE INDEPENDENT JUDICIAL APPOINTMENTS COMMISSION:.........................................................................20

15. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HOUSING REGARDING THE NUMBER OF TENANTS RE-CHARGED FOR REPAIRS:....20

16. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE CHANNEL ISLANDS COMPETITION REGULATORY AUTHORITY'S REVIEW OF HEATING OIL PRICES:.................................................................................21

17. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING A BREAK DOWN OF LONG TERM INCAPACITY ALLOWANCE BENEFITS BY PERCENTAGE:......................................22

18. DEPUTY J.H. YOUNG OF ST. BRELADE OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE CHRONOLOGY OF KEY EVENTS IN RESPECT OF THE PLANNING APPLICATION FOR THE STORAGE OF ASBESTOS:............................................................22

19. DEPUTY J.H. YOUNG OF ST. BRELADE OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE CHRONOLOGY OF KEY EVENTS IN RESPECT OF AN APPLICATION FOR THE SOTRAGE OF ASBESTOS:........26

3. Oral Questions: ..........................................................................31

1. Deputy T.A. Vallois of St. Saviour of the Chief Minister regarding the implementation of the Chapman Report of 2009 and employment policies in respect of bullying and harassment:.............................................................................31 Senator I.J. Gorst (The Chief Minister):......................................................31

1. Deputy T.A. Vallois: ...................................................................31
2. Senator S.C. Ferguson:.................................................................32
3. Senator S.C. Ferguson:.................................................................32
4. Deputy M.R. Higgins of St. Helier:.....................................................32
5. Deputy M.R.Higgins:..................................................................32
6. Deputy T.A. Vallois: ...................................................................33

2. Deputy M. Tadier of St. Brelade of the Minister for Education, Sport and Culture regarding the reinstatement of the Les Quennevais Playing Fields playground:.........33 Deputy P.J.D. Ryan of St. John (The Minister for Education, Sport and Culture):............33

1. Deputy M. Tadier :......................................................................33
2. Deputy J.H. Young of St. Brelade:......................................................34
3. Deputy M. Tadier :......................................................................34
4. Deputy M. Tadier :......................................................................34

3. Deputy T.M. Pitman of St. Helier of the Minister for Home Affairs regarding the "binding over" of convicted persons from Jersey to the U.K and the removal of the woman known as H.G. from the Island:................................................35

Senator B.I. Le Marquand (The Minister for Home Affairs): .................................35

1. Deputy T.M.Pitman:...................................................................35
2. Deputy M.R.Higgins:..................................................................35
3. Deputy M.R.Higgins:..................................................................36
4. Deputy M.R.Higgins:..................................................................36
5. Deputy R.G. Le Hérissier of St. Saviour:...............................................36
6. Deputy R.G. Le Hérissier: ..............................................................36
7. Deputy M. Tadier :......................................................................37
8. Deputy T.M.Pitman:...................................................................37

9. Deputy T.M.Pitman:...................................................................37

4. Deputy G.P. Southern of St. Helier of the Minister for Social Security regarding benefits and allowances available to carers: .....................................................38 Senator F. du H. Le Gresley (The Minister for Social Security): ..............................38

1. Deputy G.P. Southern :..................................................................38
2. Deputy M. Tadier :......................................................................39
3. Deputy M. Tadier :......................................................................39
4. Deputy J.G. Reed of St. Ouen:..........................................................39
5. The Deputy of St. Ouen:................................................................40
6. Senator S.C. Ferguson:.................................................................40
7. Senator S.C. Ferguson:.................................................................41
8. Deputy G.P. Southern :..................................................................41
9. Deputy G.P. Southern :..................................................................41

5. Connétable A.S. Crowcroft of St. Helier of the Minister for Transport and Technical Services regarding the completion of works and delivery of car parking at Ann Court:.41 Deputy K.C. Lewis of St. Saviour (The Minister for Transport and Technical Services): .....42

3.5.1 The Deputy of St. Ouen:................................................................42

6. Deputy J.H. Young of the Minister for Planning and Environment regarding the appointment of a Planning Inspector to conduct an inquiry into the review of the Island Plan:....................................................................................42 Deputy R.C. Duhamel of St. Saviour (The Minister for Planning and Environment):.........42

1. Deputy J.H. Young:....................................................................43
2. Deputy J.H. Young:....................................................................43

7. Deputy G.C.L. Baudains of St. Clement of the Chief Minister regarding the Chief Minister's support for all Ministers:....................................................43 Senator I.J. Gorst (The Chief Minister):......................................................44

1. Deputy G.C.L. Baudains:...............................................................44
2. The Connétable of St. Helier:...........................................................44
3. Deputy R.G. Le Hérissier: ..............................................................44
4. Deputy J.M. Maçon of St. Saviour:.....................................................44
5. Deputy T.M.Pitman:...................................................................45
6. Deputy M. Tadier :......................................................................45
7. Deputy G.C.L. Baudains:...............................................................45
   8. Deputy M.R. Higgins of the Chief Minister regarding calls in the U.K. to create a criminal offence of failure to report suspected child abuse:.............................46 Senator P.F. Routier (Assistant Chief Minister - rapporteur):.................................46

1. Deputy M.R.Higgins:..................................................................46
2. Deputy T.M.Pitman:...................................................................46
3. Deputy R.G. Le Hérissier: ..............................................................47
4. Deputy S. Pitman of St. Helier:.........................................................47
5. Deputy M. Tadier :......................................................................47

6. Deputy M. Tadier :......................................................................47
7. Deputy M.R.Higgins:..................................................................48
8. Deputy M.R.Higgins:..................................................................48
   9. Deputy J.M. Maçon of the Minister for Education, Sport and Culture regarding an internal review into the starting pistol incident at a secondary school:..................49 The Deputy of St. John (The Minister for Education, Sport and Culture): ....................49

1. Deputy J.M. Maçon:....................................................................49
2. Deputy T.M.Pitman:...................................................................49
3. Deputy T.M.Pitman:...................................................................49
4. Deputy J.M. Maçon:....................................................................50

10. Deputy M.R. Higgins of the Attorney General regarding new Crown Prosecution Service guidelines relating to prosecution of child abuse cases:.................................50 Mr. H. Sharp Q.C., H.M. Solicitor General:..................................................50

1. Deputy M.R.Higgins:...............................................................51
2. Deputy R.G. Le Hérissier:...........................................................52
3. Deputy M. Tadier :...................................................................52
4. Deputy T.M.Pitman:................................................................52
5. Deputy M.R.Higgins:...............................................................53
6. Deputy M.R.Higgins:...............................................................53

11. Deputy T.M. Pitman of the Minister for External Relations regarding the challenging of the Chinese Government in relation to alleged human rights abuses:....................53 Senator P.M. Bailhache (The Minister for External Relations):...............................54

1. Deputy T.M.Pitman:................................................................54
2. Deputy R.G. Le Hérissier:...........................................................54
3. Deputy M. Tadier :...................................................................54
4. Deputy T.M.Pitman:................................................................55

12. Deputy J.H. Young of the Minister for Planning and Environment regarding applications for the development of the Esplanade car park site:.....................................55 Deputy R.C. Duhamel (The Minister for Planning and Environment): ........................55

1. Deputy J.H. Young: .................................................................56
2. The Connétable of St. Helier:........................................................56
3. Deputy J.H. Young: .................................................................56

13. Deputy M. Tadier of the Minister for Transport and Technical Services regarding the possibility of Liberty Bus introducing a transfer fee:....................................56 Deputy K.C. Lewis (The Minister for Transport and Technical Services):....................56

1. Deputy M. Tadier :...................................................................57
2. Connétable D.W. Mezbourian of St. Lawrence:......................................57
3. Deputy G.P. Southern : ..............................................................57
4. Deputy M. Tadier :...................................................................58

14. Deputy G.P. Southern of the Minister for Economic Development regarding pricing of domestic heatingoil:....................................................................58 Senator A.J.H. Maclean (The Minister for Economic Development):.........................58

1. Deputy G.P. Southern : ..............................................................58
2. Deputy G.P. Southern : ..............................................................59
3. Senator S.C. Ferguson:..............................................................59
4. Senator S.C. Ferguson:..............................................................59
5. Deputy G.P. Southern : ..............................................................59
6. Deputy G.P. Southern : ..............................................................59

15. The Connétable of St. Helier of the Minister for Treasury and Resources regarding the future of the Central and Beresford markets:............................................60

Deputy E.J. Noel of St. Lawrence (Assistant Minister for Treasury and Resources -

rapporteur):.............................................................................60

1. The Connétable of St. Helier:........................................................60
2. Deputy G.P. Southern : ..............................................................60
3. Deputy G.P. Southern : ..............................................................61
4. Deputy M. Tadier :...................................................................61
5. Deputy M. Tadier :...................................................................61
6. Deputy J.A. Martin of St. Helier:....................................................61
7. Deputy J.A. Martin: .................................................................61
8. The Connétable of St. Helier:........................................................62

4. Questions to Ministers without notice - The Minister for Economic Development....62

1. The Connétable of St. Helier:...........................................................62 Senator A.J.H. Maclean (The Minster for Economic Development):..........................62

1. The Connétable of St. Helier:...........................................................62
   2. Deputy M. Tadier :......................................................................63
   3. Deputy J.A. Martin:....................................................................63
   4. Connétable P.J. Rondel of St. John : ....................................................63
   5. Deputy J.H. Young:....................................................................64
   6. Deputy J.A. Martin:....................................................................64
   7. The Connétable of St. Helier:...........................................................64
   8. The Connétable of St. Lawrence:.......................................................65
   9. Deputy M. Tadier :......................................................................65

4.9.1 Deputy M. Tadier :......................................................................65

10. Deputy G.P. Southern :..................................................................66
11. Connétable M.J. Paddock of St. Ouen:..................................................66
12. Connétable J.E. Le Maistre of Grouville :...............................................66
13. Deputy J.H. Young:....................................................................66
14. The Connétable of St. John:............................................................67

5. Questions to Ministers without notice - The Minister for Planning and Environment ...........................................................................................67

1. The Connétable of St. John:............................................................67 Deputy R.C. Duhamel (The Minister for Planning and Environment): ........................67
2. Deputy R.J. Rondel ofSt.Helier:.......................................................67
3. Deputy T.M.Pitman:...................................................................68
4. Deputy M. Tadier :......................................................................68
5. Deputy J.H. Young:....................................................................69
6. Deputy J.M. Le Bailly of St. Mary:.....................................................69
7. Deputy J.A. Hilton of St. Helier:........................................................69
8. Senator L.J. Farnham :..................................................................70
9. Deputy J.A. Martin:....................................................................70
10. The Connétable of St. Ouen:............................................................70
11. Deputy T.M.Pitman:...................................................................70

6. Urgent Oral Question....................................................................71

6.1 Deputy G.P. Southern of the Minister for Economic Development regarding ..........71 Senator A.J.H. Maclean (The Minister for Economic Development):.........................71

1. Deputy G.P. Southern :..................................................................72
2. The Connétable of St. Lawrence:.......................................................72

3. The Connétable of St. Lawrence:.......................................................72
4. Deputy J.H. Young:....................................................................72
5. Deputy G.C.L. Baudains:...............................................................73
6. The Deputy of St. Ouen:................................................................73
7. The Deputy of St. Ouen:................................................................73
8. Deputy M.R.Higgins:..................................................................73
9. Deputy G.P. Southern :..................................................................74

STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY........................74

7. The Chief Minister made a statement about public sector pay........................74

7.1 Senator I.J. Gorst (The Chief Minister):................................................74

1. Deputy G.P. Southern :..................................................................75
2. Senator S.C. Ferguson:.................................................................75
3. Senator S.C. Ferguson:.................................................................76
4. Deputy M. Tadier :......................................................................76
5. Deputy M. Tadier :......................................................................76
6. Deputy M. Tadier :......................................................................76
7. The Deputy of St. Ouen:................................................................77
8. The Deputy of St. Ouen:................................................................77
9. Deputy G.C.L. Baudains:...............................................................77
10. Deputy G.P. Southern : ..............................................................77

LUNCHEON ADJOURNMENT PROPOSED..................................................78 LUNCHEON ADJOURNMENT................................................................78 PUBLIC BUSINESS.............................................................................78

8. Public Sector Reform (P.91/2013).......................................................78

8.1 Deputy G.C.L. Baudains:...............................................................78

1. Deputy M.R.Higgins:..................................................................80
2. Senator S.C. Ferguson:.................................................................81
3. Deputy R.G. Le Hérissier: ..............................................................81
4. Deputy J.H. Young:....................................................................82
5. Senator A.J.H. Maclean:................................................................84
6. Deputy T.A. Vallois: ...................................................................87
7. The Connétable of St. Lawrence:.......................................................88
8. Deputy R.G. Bryans of St. Helier:......................................................88
9. Deputy A.K.F. Green of St. Helier:.....................................................89
10. Senator I.J. Gorst : ...................................................................90
11. Deputy M. Tadier :...................................................................92
12. Deputy G.C.L Baudains: ............................................................93

9. The Law Society of Jersey Disciplinary Panel: appointment of lay members (P.103/2013)..............................................................................95

9.1 Senator I.J. Gorst (The Chief Minister):................................................95

1. Deputy J.H. Young:....................................................................96
2. Deputy T.M.Pitman:...................................................................96
3. Deputy M.R.Higgins:..................................................................96
4. Deputy R.G. Le Hérissier: ..............................................................96
5. Deputy M. Tadier :......................................................................97
6. The Connétable of St. John:............................................................97

7. The Connétable of St. Helier:...........................................................97
8. Senator I.J. Gorst :......................................................................97

10. Commissioner for Standards: establishment (P.107/2013).............................99

10.1 Deputy J.M. Maçon (Chairman, Privileges and Procedures Committee): ...............99

1. The Deputy of St. Ouen:............................................................101
2. Deputy S.Pitman:..................................................................102
3. Deputy M. Tadier :..................................................................102
4. Senator L.J. Farnham : ..............................................................102
5. The Deputy of St. Martin : ..........................................................103
6. Senator B.I. Le Marquand:.........................................................103
7. Deputy G.P. Southern : .............................................................104
8. Deputy T.M.Pitman:...............................................................104
9. Deputy T.A. Vallois:...............................................................105
10. Deputy J.M. Maçon:.............................................................105

11. Draft Shipping (Safety Code - Yachts and Small Ships) (Jersey) Regulations 201- (P.118/2013)............................................................................107

1. Deputy J.P.G. Baker of St. Helier (Assistant Minister for Economic Development - rapporteur):............................................................................107

1. Senator S.C. Ferguson:.............................................................108
2. Deputy J.P.G. Baker:...............................................................108

2. Deputy J.P.G. Baker:..................................................................109

1. Senator L.J. Farnham : ..............................................................109
2. Deputy J.P.G. Baker:...............................................................109
   3. Deputy J.P.G. Baker:..................................................................109

11.3.1 The Connétable of St. John : ........................................................109

12. Jersey Heritage Trust: amendments to Constitution (P.119/2013) ...................110

12.1 Deputy R.G. Bryans (Assistant Minister for Education, Sport and Culture - rapporteur): 111

1. The Deputy of St. Ouen:............................................................111
2. Deputy J.H. Young: ................................................................111
3. Deputy R.G.Bryans:...............................................................111

13. Lord Portsea Gift Fund: revised rules and conditions (P.126/2013)..................112

13.1 Deputy R.G. Le Hérissier (Assistant Minister for Education, Sport and Culture - rapporteur):............................................................................112

1. The Deputy of St. Ouen:............................................................113
2. Deputy R.G. Le Hérissier:..........................................................113

14. Dental Health Services: improvements (P.127/2013)..................................113

14.1 Deputy G.P. Southern :................................................................114

14.1.1 Deputy R.G. Bryans:...............................................................117

ADJOURNMENT..............................................................................118

[9:33]

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

1. The Bailiff :

On behalf of Members may I welcome His Excellency.  [Approbation] Also, can I just say to Members, the Channel Television have approached us and they would like to get an updated archive picture to reflect the fact that we have the Connétable of Grouville now with us. So, at a suitable meeting, do Members agree they may take an archive picture just at the beginning of the sitting? Thank you very much. No other matters under A.

QUESTIONS

2. Written Questions

1. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING TAMIFLU:

Question

With regard to Tamiflu, would the Minister advise how much has been spent on the drug to date, whether stocks are still kept and, if so, how much?

Answer

To date, the Health and Social Services Department has purchased 100,000 courses of the antiviral Tamiflu in order to keep a stockpile in the Island. The price paid was £10.34 per pack making the total cost £1,034,000. This was purchased in 2006 and early 2007 when preparing for a possible pandemic relating to Avian Flu (H5N1). At that time it was considered prudent to stockpile one course of treatment for each individual in Jersey given the known virulence of the H5N1 virus.

The Tamiflu stock remaining after the H1N1 pandemic of 2009 has just expired.

The Health and Social Services Department is now in the process of replacing the stockpile with 25,000 courses of Tamiflu at a cost of 15 per pack. This price is the standard fixed price for governments of developed countries wishing to maintain a stockpile. It represents a discount to the normal retail price and represents best value to the island to achieve the aims of the Pandemic Strategy.

There was significant learning from the 2009 pandemic, both within Jersey and on a more global scale. That learning has been incorporated into the Channel Islands Pandemic Flu Strategy, which has been developed in collaboration with Guernsey colleagues and its principles and recommendations were recently approved by the Council of Ministers.

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

Question

With regard to the Energy From Waste Plant, would the Minister advise –

1. how many tonsof waste are currently stockpiled, and why;
2. the longest period the Plant has run continuously without breakdown at full load;

3. how many faults the Plant currently has;
4. why, given the States were persuaded to buy a Plant with excess capacity in orderto cover issues such as an increase in waste arising and breakdowns, it has not been possible to cope with our present amount of waste notwithstanding those breakdowns;
5. whether the crane is automatically operated, how often it has broken down, and why;
6. why 95% of the contract price has been paid before the Plant has proven to be reliable;
7. whether he is prepared toacceptthe Plant from the contractor in its present condition and, if so, whether he will resign should it continue to suffer the unreliability problems that have occurred;
8. how much the Department has spent (including expenses and man-hours) discussing the possibility of burning Guernsey's waste and whether it is still considering the possibility and, if so, what contingency exists for stockpiling Guernsey's waste during periods of Plant breakdown?

Answer

1. There is approximately 6000 tonnes ofwaste stockpiled awaiting processing. Partof this stockpile is old waste that is being slowly fed back into the plant when required and some of this waste is excess waste accumulated due to maintenance shutdowns and defect repair shutdowns. This waste must be blended withthe fresh putrescible waste in the bunker at a controlled rate to ensure that it can be processed within the plants operating parameters.
2. The plant has run on full load on many occasions and the reason for reducing load or dropping down toone stream is normally due to bunker management, notto plant reliability. At full load the waste processed is more than the waste delivered thus the bunker level falls quite rapidly. When the bunker levels decrease the load is reduced to match the waste input to the waste delivery rates.
3. There are 51 defects that remain on the defect register and are being attended to by the contractor. Not all of these defects have been in existence since the plant takeover as there was a two year period following takeover where defects could still be identified and passed back to the contractor for remedy.
4. It is important to properly manage the throughput and type ofwaste that is processed in the plant. Non putrescible waste is stockpiled fromtimeto time to make space in the bunker for the build-up of putrescible waste due to shutdowns or plant maintenance. This waste is then metered back and mixed with theputresciblewaste.This is to ensure that the non-putrescible wastes, containing higher levels of chemical contamination, are not fed into the plant too quickly as doing this would unduly strain the abatement control equipment.
5. The crane can and does, operate in fully automatic, semi-automatic or fully manual modes. The mode ofoperation is chosen depending on the quantity of deliveries and the level ofthe bunker. The crane has had minor breakdowns and these have been mainly due tothe failure ofcontrol position sensingdevices.Therearetwocraneswhichenablestheplanttocontinue running whilst one crane is outof service for maintenance or repair. The most significant problem with the cranes was due to cabling and cable installation. This cabling has been re- routed and replaced by the contractor at the contractors cost.
6. Payments are specified in the contract and are made against defined tasks known as milestones. The milestones are certified by an appointed independent expert to ensure that the relevant contractual criteria have been met. This is a standard practice for this scale of contract and ensures that the value ofthe works delivered tothe client is proportional tothe sums of money paid. This method also ensures thatthecontractor is not placed under undue financial strain which could be a risk to both contractor and client.

The remaining money will be paid when the requisite certificates and approvals have been issued by the independent Project Manager.

7. As has been explained in several previous answers, the Energy from Waste plant was achieved takeover and was accepted by the States of Jersey on the 29th July 2011. There are still robust warrantees and guarantees in place against plant equipment and the contractors are still fulfilling their commitment to resolve defects. The Minister has no intention of tendering his resignation on the basis of the Deputy 's interpretation of reliability.
8. The matterofwhat is happening with Guernsey waste presently rests with Guernsey. Jersey hasadvisedthat it is technicallypossibletoutilise some excess plant capacity for a periodof time. However, in order for Waste to be imported the principle ofwaste importation would have to be approvedby the States of Jersey and the regulatory requirements for waste importation would have to be satisfied.

With regard to the stockpiling of Guernsey's waste during periods of breakdown there is no intention to offer an open ended commitment to this.

Excluding senior officer time, the department has spent £710 on expenses including travel and meetings, and £4,102 on financial modelling.

3. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING GARDASIL VACCINES:

Question

Further to my recent question of 5th November 2013, regarding the Gardasil vaccine and its known side effects, would the Minister advise –

1. how many strains ofHPV exist and how many of those the vaccine is supposed to protect women from;
2. whether she is aware ofthe reputation ofthe vaccine's manufacturer Merck in relation to another drug Vioxx;
3. what research, if any, was undertaken by the Health and Social Services Department into the alleged fast-tracking' of Gardasil and reports made to the Vaccine Adverse Events Reporting System within two years of its release claiming incidents of death and serious health problems such as strokes, blood clots, cardic arrests, seizures, fainting, and lupus and, if none, why;
4. what research, if any, was undertaken by the Health and Social Services Department into the accuracy of the trials of Gardasil and was the Department made aware whether the trials were financed by Merck; and,
5. whether she is aware of and has studied research into Gardasil safety, such as that by the University of Columbia and, if not, why not?

Answer

1. There are at least 140 HPV types. Of these, some 13causecervical cancer and these are known as high risk HPV' types. Two high risk types cause 75% ofall cervical cancers. The vaccine is over 99% effective at protecting women against these two high risk HPV types.

2. The Minister is aware that a medicine used totreat arthritis, called Vioxx, was withdrawn from use almost a decade ago by the American pharmaceutical manufacturer called Merck.

The Health and Social Services Department does not purchase its HPV vaccine from the US company, Merck.

The Health and Social Services Department purchases its HPV vaccine from the UK Department of Health Vaccine Supply Team, who in turn are supplied by Sanofi Pasteur, only company in the UK totally dedicated to the manufacture of vaccines.

Merck (USA) is one of the companies which form the Sanofi Pasteur MSD conglomerate. However, it is not involved in the supply of vaccines to the Health and Social Services Department.

The Health and Social Services Department is aware of internet-based allegations of fast- tracking against the American Food and Drug Administration (FDA). The Health and Social Services Department is not, however, the UK medicines/vaccine Regulator. It is not, therefore, engaged in researching allegations, nor investigating reports, made to the American Vaccine Adverse Events Reporting System (VAERS), which is a United States database managed by the American Food and Drug Administration (FDA).

The Health and Social Services Department is not a primary research body and, as such, when making decisions about offering vaccines in Jersey, the Department looks to the professional, primary research bodies, including the UK Joint Committee on Vaccination and Immunisation, the UK Department of Health, the European Medicines Agency and to the highly reputable, independent UK Regulator, the Medicines and Healthcare Products Regulatory Agency (MHRA).

All vaccines undergo rigorous testing before being approved for use and the MHRA monitors all medicines and vaccines after they come into widespread use.

Almost 100 million doses of Gardasil have been given safely in over 120 countries, and the MHRA has confirmed there have been no major safety issues with this vaccine.

3. /e) The Health and Social Services Department is neither a regulatory nor an investigatory body in the context of medicine/ vaccine data evaluation. It has not, therefore,undertaken investigation of primary research into the efficacy of Gardasil. Nor has it undertaken investigation into anyresearchthat may have been conducted by the University of Columbia, or indeed, any other academic institute, about this or any other medicine or vaccine

Research, which critically appraises the accuracy of trials of any medicine/ vaccine, forms part of the UK Regulatory role, a function performed by the UK MHRA.

Employing over 900 people, the MRHA independently and impartially examines clinical trial data, assuring itself of the validity of the trials, the quality of the trials data, and the safety and efficacy of the medicine/vaccine, before granting a licence.

It is both reasonable and appropriate, therefore, that the Health and Social Services Department seeks its expert guidance on approved medicines/vaccine from the official, independent regulator, and not via Google search.

As it has no role in the regulation of vaccine trials, there is no reason why the Health and Social Services Department would know, or need to know, how or where the funding for conducting clinical trials is sourced. Nevertheless, medical academia is well used to contractual collaboration which ensures independence of research findings and few, if any, professional experts would believe that the UK medicines regulator fails to reassure itself of the integrity of research data.

The MHRA advises that Gardasil is a highly effective anti-cancer vaccine.

Fully satisfied by the expert guidance of the MRHA, it is the duty and responsibility of health services to offer the cervical cancer vaccine to girls and young women in the island.

But Jersey doesn't have compulsory vaccination and it is for the individual, together with their  parents  or  guardians, to  decide whether they are prepared  to take  up the offer  of protection against two virulent, and potentially fatal, HPVs.

These HPVs are responsible for over 75% of all cervical cancer cases, tragically claiming the lives of women every year.

4. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE CHAIRMAN OF THE PRIVILEGES AND PROCEDURES COMMITTEE REGARDING ACCESS TO THE 2006 MORI POLL RESULTS:

Question

Given the States recent decision to hold a Referendum relating to the Constables position in the States, could the Chairman advise where the information relating to the result of the Mori poll commissioned by a previous Privileges and Procedures Committee, can be found?

Answer

The results of the Mori poll can be found in the following reports, which are available to view on the States Assembly website:

R.19/2007: Composition and Election of the States - Summary of Responses to Consultation R.20/2007: Survey on Electoral Reform in Jersey, 2007

5. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING THE TREATMENT BY THE POLICE AND THE COURT OF THE WOMAN KNOWN AS H.G:

Question

Further to answers given on 5th November 2013, will the Minister inform Members –

1. When and what time the States Police received an allegation of harassment which led to the arrest of a woman known as H.G.?
2. Whether a female officer was present when H.G. was arrested at her flat and, if not why?
3. Was H.G. given timeto change from her night attire and into appropriate day clothes and, if not, why not?
4. Was H.G. placed in a police car whilst her flat was searched and, if so, why?
5. Was H.G. charged 11 hours after her arrest and, if so, what was the reason for the delay?
6. Why, given that H.G. was ofgood character, employed and had a fixed abode, was bail denied after she was charged?

Answer

1. The States of Jersey Police received the allegation of harassment at 09.34 hours on 26 September 2010.

2. No female was present during arrest. There is no requirement for a female officer to be present when a female is arrested; only for search purposes.
3. Both arresting officers and the custody officer have been spoken to and cannot recollect what she was wearing. There is no custody photo from the date of arrest. CCTV in custody is kept only for 90 days. The Statesof Jersey Police say that it is inconceivable that either they or the Court would have allowed her toappear in Courton 27 September 2010, for the remand hearing wearingnight attire. When she arrived at the Prison on 27 September she was wearing a navy blue sweat shirt, a navy blue polo shirt, blue tracksuit bottoms and training shoes. Furthermore, the custody photo taken when H.G. returned from Court awaiting her departure from Jerseyon 11 October 2010, shows that she was wearing appropriate clothing including a blue sweat shirt and blue polo shirt.
4. Yes, she was placed in a police car, guarded by a Police Officer, whilst another Police Officer searched for evidence relating to the alleged offence.
5. No. H.G. was in police custody for 9 hours and 25 minutes prior to charge. She arrived at the police station at 10.22 hours and was charged at 19.47 hours. Delays were due to the need for a mental health assessment by a doctor (Force Medical Examiner) in consultation with a consultant psychiatrist and the need to obtain an appropriate adult to support her at interview.
6. Decisions as to whether or not a person should be retained in custody prior to presentation before a court and as to whether bail should be opposed in Court are made by prosecutors and notby the Police. Bailwas opposed in Courton27September2010by a Centenieruponthe basis of the risk of re-offending and upon the basis of the protection of H.G. herself.

The Magistrate indicated that the reasons for the refusal of bail were the risk of further offending and also for H.G.'s own protection and he was influenced by information that H.G.'s landlady did not want her to reside at her former accommodation.

6. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING A REVIEW OF THE H.G. CASE:

Question

Further to the response given on 5th November 2013 by the Home Affairs Minister that the Chief Minister had commissioned a report from the Jersey Independent Safeguarding Chair into the circumstances leading to the arrest of a woman known as H.G., will the Chief Minister advise –

1. whether a review Board has yet been appointed?
2. whether the review has begun?
3. who has been appointed?
4. is anyone assisting and, if so, who?
5. what are the review's Terms of Reference?
6. has H.G. been interviewed?
7. when will the review be completed?
8. how much has it cost?
9. will the Report be made public?

Answer

Jersey's Independent Safeguarding Chair commenced, in April 2013, a review of the involvement of Jersey agencies with H.G., covering the period from her arrest to her departure from the Island.

In considering whether to commission a Serious Case Review under the Safeguarding  Adults Partnership Board, the Chair made initial requests for information from agencies that had been involved with H.G..

Agencies who contributed information were the States of Jersey Police, States of Jersey Prison Service, Autism Jersey and Adult Social Services Department. The Chair also had access to court records (that were in the public domain), spoke to senior officials from the Law Officers' Department and received information from the mental health Advocate.

It was requested that the initial reports include a chronology of events, and address whether appropriate steps were taken to ensure that the individual was appropriately supported and safeguarded. Also, to identify any lessons learned about practice (single or multi-agency) and any recommendations for future practice.

The final decision rests with the Independent Chair, with the advice of the SCR sub-group, as to whether to conduct a Serious Case Review. In this case the decision was made that the case was not appropriate for a Serious Case Review and Terms of Reference were therefore not produced. However, the Independent Chair undertook to prepare a report summarising the key issues and learning arising from this case.

The final report by the Independent Chair will be made public. Before it is published the Independent Chair will ensure that H.G. is provided with the opportunity to meet her, if she so wishes, and to review the report. No date for publication has been set.

The review forms part of the core activity of the Safeguarding Partnership Board; as such, it has not incurred any additional costs.

7. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING H.G. AND HER DEPARTURE FROM THE ISLAND:

Question

Would the Minister advise whether the woman known as H.G. within the Korris report appeared at the Magistrates Court on Monday 11th October 2010, in the night attire she was wearing when arrested at her flat two weeks earlier despite having been held in custody in La Moye Prison for two weeks?

Further to the response given on 5th November 2013, that H.G. was dressed in appropriate clothing when being deposited at Jersey Airport for onward journey to the UK, will the Minister inform members what the appropriate clothing was?

Will the Minister inform Members whether any provision was made for H.G. to collect her personal effects and clothing from her home before being put on the aircraft?

Will the Minister inform Members whether, when agreeing to H.G.'s request to call at her flat to collect some clothing and personal effects, the officers did not allow her out of the police car to collect them herself and, if so, why?

Answer

As I advised Deputy Higgins in my response to his oral question on 5 November 2013, I can confirm, again, that the woman known as H.G. was not wearing night attire when she appeared in Court on 11 October 2010. I have personally seen a custody photograph taken of her on that day after court and she can clearly be seen to be wearing a navy blue sweat shirt and a navy blue polo shirt. Further, I am advised by the Prison Governor that on H.G.'s arrival at the Prison on 27 September 2010 she was wearing a blue polo shirt, blue sweat shirt, blue tracksuit bottoms and training shoes. These clothes were removed from her on arrival for laundering and placed in her personal property. She was given prison clothes to wear whilst in prison. On exit to attend court, on 11 October 2010 the Prison records confirm that her own clothes were returned to her. Whilst the Prison do not record the fact that she was actually wearing these clothes on departure from the Prison, the custom and practice is for prisoners to change into their own clothes, in the reception area, prior to departure for Court. H.G. did not have any night clothes in her property and prison staff would not have permitted her to leave the prison in night attire in any case.

I am unable to say precisely what H.G. was wearing upon leaving Jersey, although it is reasonable to assume that this included the navy blue sweat shirt, navy blue polo shirt, blue tracksuit bottoms and training shoes.

At H.G.'s request, post sentence, and en route for the airport, the escorting officers called at a St Brelade address in order to collect some of H.G.'s personal property, including clothing. H.G. remained in the car whilst the property was collected for the purposes of police security and in accord with the Court decision that she stay in custody until she left the Island.

8. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING CIVIL SERVICES AND PUBLIC SECTOR CODES:

Question

Will the Chief Minister publish the Civil Service and Public Sector Codes that all public sector employees are expected to observe?

Will he explain whether he thinks they are still adequate in relation to current employment practices?

Does he consider that the Codes need to be updated and, if so, what changes, if any, does he proposes to make?

Answer

The States of Jersey Code of Conduct and Disciplinary Rules are being reviewed as part of Policy Terms and Conditions work stream of the Workforce Modernisation programme, in full consultation with Trades Unions.

The main thrust of the policies review has been to ensure that all policies and associated procedures not only reflect current employment practices, but also comply with legislation, statutory codes and employment guidelines endorsed by JACS. The Disciplinary Policy and associated guidelines and codes of conduct are nearing the end of this consultation process and will cover all employee pay groups in the States of Jersey. Any changes are subject to the completion of this process

The revised code of conduct will be made publicly available on completion of the consultation process. The existing code is now available on gov.je

9. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE IMPACT OF BULGARIAN AND ROMANIAN IMMIGRATION TO THE ISLAND:

Question

Will the Chief Minister advise members what impact, if any, he considers the free movement of workers from Bulgaria and Romania into the British Isles from January 2014 will have on immigration into Jersey?

Will he also explain what steps, if any, he proposes to take if large numbers of unqualified workers come to the Island at a time when we already have very large numbers of unemployed unqualified workers actively seeking work?

Answer

Jersey has legislation which governs where migrants are able to live and work, namely the Control of Housing and Work (Jersey) Law, 2012.

This legislation applies to anyone wanting to live and work in Jersey and is not focused specifically on any nationality. The law is being used to support the policy agreed in the Strategic Plan: to prioritise established residents for available employment and to permit immigration only where it delivers high economic or social benefits to Jersey.

The compliance team at the Population Office has been strengthened to enforce the new law and to help achieve these objectives.

10. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING THE INVESTIGATIONS INTO THE STARTING PISTOL INCIDENT AT A SECONDARY SCHOOL:

Question

Will the Minister advise –

1. how many investigations have taken place in relation to the starting pistol incident at Le Rocquier school;
2. what these were;
3. who conducted them;
4. how many have been concluded and how many are ongoing;
5. what the conclusions were?

Will the Minister be publishing these reports, and if not, why not?

Answer

There are five investigations into the incident as follows:

1. An investigation was carried out by Statesof Jersey Police immediately after the incident. The outcome of that is a matter of public record.
2. An internal disciplinary procedure was then followed inrespectof the teacher.This involved an investigation by officersfrom the Education, Sport and Culture Department and a disciplinary panel hearing chaired by the Director of Education. The Department can confirm appropriate action has been taken.

All matters relating to internal disciplinary proceedings for States of Jersey staff are treated as confidential.

Information was provided to the disciplinary panel on the basis of confidentiality and is therefore exempt under Article 3.2 (b) of the Code of Practice on Public Access to Official Information. In addition, publication is exempt under Article 3a (xiii) of the Code on the grounds that that it would prejudice employer/employee relationships or the effective conduct of personnel management.

The documents produced for the disciplinary hearing refer directly to the employee so the Data Protection (Jersey) Law 2005 also applies. There is a presumption against disclosure of sensitive personal information.

3. A separate investigation was carried out into health and safety issues and accident reporting processes relating to this incident. This was conducted by an officer from the ESC Department. It was concluded that school sports activities could continue without starting pistols and the firearms were removed fromall States schools as a result. Other actions resulting from this review have not yet been concluded.

This is an internal report that contains confidential information relating to a number of individuals and there are no plans for publication.

4. To assist the governing body of the schooltheESC Director has commissioned a health and safety reviewoftheschool by independent external advisers. This will provide the school with anassessmentof specific issues that might need to be addressed in terms of day-to-day policy and practice. There are no plans to publish this review as public disclosure was not part of the remit when it was commissioned.
5. The Health and Safety Inspectorate were informed by the Law Officers ofthe incident and are reviewing the case with respect to the legal requirements under the Health and Safetyat Work (Jersey) Law 1989. Disclosure of information is restricted under this law. A copyof their report will be forwarded to the Attorney General.

11. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE NUMBER OF RESIDENTS IN JERSEY WITH ENTITLED STATUS (FORMER (1)(1)(K) STATUS) WHO ARE ALSO FRENCH NATIONALS:

Question

What is the current number of residents with Entitled status under Regulation 2(1)(e) of the Control of Housing and Work (Residential and Employment Status) (Jersey) Regulations 2013 (formerly known as 1(1)(k) category residents) of French nationality in the Island and, if the Minister does not have this information, will he explain why?

Answer

The Taxes Office does not maintain information on the nationality of individuals who have entitled status under paragraph 2(1)(e) of Control of Housing and Work (Residential and Employment Status) (Jersey) Regulations 2013 (formerly known as 1(1)(k) category residents).

An individual's liability to Jersey income tax is primarily determined by whether that individual is "tax resident" in the Island. Under Jersey tax law when determining whether an individual is tax resident in the Island it is necessary to look at factors such as: the amount of time that the individual spends in the Island, whether they have a place of abode in the Island, etc. An individual's nationality is irrelevant to this analysis and hence the Taxes Office does not collect information regarding nationality.

12. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR HOME AFFAIRS REGARDING THE PROGRESS ON THE INTRODUCTIONOF PENALTIES FOR LITTERING AND DOG FOULING:

Question

Further to the 2011 Education and Home Affairs Scrutiny Panel report on Policing of Beaches and Parks and its recommendation to introduce fixed penalties for littering and dog fouling, will the Minister advise what progress, if any, he has made on this front, whether he intends to introduce fixed penalties and, if so, when and, if not, why not?

Answer

The issue of the possible introduction of a fixed penalty system does not strictly lie within my area of responsibility.

In response to the Scrutiny Panel report SR 10/2011, I accepted that there could be merit in taking the fixed penalty notice system forward in tandem with the Honorary Police, whilst emphasising how fortunate Jersey is to have an honorary system which filters out most minor offending and enables people to be dealt with outside the court system.

When I met with the Education and Home Affairs Scrutiny Panel in February this year, I suggested to the Connétable of St Brelade, who was, at that time a member of the Panel, that he should take the matter of enforcement in respect of littering and dog fouling to the Comité des Connétable s so that they could take a view on the Centeniers' powers. I suggested that the Comité could write to me and the Attorney General for the matter to be tabled at a Criminal Justice System Board meeting.

It was suggested at that time that the issue could be dealt with by civil penalty notice which could give rise to a criminal sanction if not paid in line with changes which were envisaged to the branchage Law.

Once the Comité des Connétable s have had the opportunity to consider this issue, I would be happy to table the matter at a meeting of the Criminal Justice System Board.

13. DEPUTY J.H. YOUNG OF ST. BRELADE OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING PROCEDURES USED BY INCOME TAX TO ADMINISTER ITIS RATES:

Question

In view of the Minister's stated intention in his Budget Statement for 2013 (page 14) to consider the current year basis as part of his plan for the modernisation and simplification of the personal tax regime, will he explain the processes used by the Income Tax Department to adMinister the ITIS rates applied to individual taxpayers whose tax is assessed on a current year basis; in particular –

1. how the basis of the ITIS rate is set ;
2. whether this is always based on information supplied by the taxpayer;
3. whether the option of individual assessment of married persons is available to this groupof taxpayers and whether personal and child allowances are fairly apportioned;
4. whether controls are in place in the department to ensure the ITIS rate is calculated fairly and accurately;
5. the process for dealing with taxpayers' appeals;

6. whether refunds of tax are promptly made when mistakes are identified;
7. whether there is an independent taxpayer complaints system in place;

viii) whether the complaints procedure includes power to report common procedural problems

underlying taxpayer complaints; and,

ix) whether there is any intention to move all previous year's taxpayers to current year? Answer

1. how the basis of the ITIS rate is set;

A provisional ITIS effective rate notice is issued in November each year. The effective rate notices for 2014 are currently being issued. These are valid from 1st January 2014.

For the majority of current year basis taxpayers, the provisional ITIS effective rate is based on the latest provisional income tax assessment or the last ITIS effective rate issued.

The ITIS effective rate can be adjusted on receipt of a completed income tax return i.e. when a 2013 completed income tax return is received in 2014. It can also be adjusted at any time if a taxpayer advises of a change in circumstance or if other information which the Taxes Office receives indicates that the ITIS effective rate needs to be amended.

For new taxpayers registering, the ITIS effective rate is based on their completed registration form. If a taxpayer does not register, or hand in their ITIS effective rate notice, their employer is under a legal obligation to apply the default ITIS effective rate of 20%.

2. whether this is always based on information supplied by the taxpayer;

The effective rate is not always based solely on information supplied by the taxpayer. If data received from the employer is more up to date or accurate, this information would be used to calculate the ITIS effective rate.

3. whether the option of individual assessment of married persons is available to this groupof taxpayers and whether personal and child allowances are fairly apportioned;

An election for separate assessments is available for married persons and civil partners, whether they are taxed on a current year basis or previous year basis. Any relevant allowances and reliefs are apportioned in accordance with their respective incomes unless the married couple or civil partnership requests that the allowances are apportioned differently.

4. whether controls are in place in the department to ensure the ITIS rate is calculated fairly and accurately;

Internal controls are in place to ensure that the ITIS effective rates notices that are issued adhere to the relevant provisions in the Income Tax Law. These controls are subject to internal and external audit on an annual basis.

5. the process for dealing with taxpayers' appeals;

A taxpayer who is aggrieved by their ITIS effective rate notice, or a notice of assessment, issued by the Taxes Office, may appeal to the Commissioners of Appeal within 40 days from the date when the notice(s) was issued.

The majority of appeals, to date, have been settled between the Case Officer from the Taxes Office and the taxpayer. Where an appeal cannot be resolved, the case will be reviewed by a Senior Officer and if the appeal cannot be settled, the case will be listed for hearing by the Commissioners of Appeal.

6. whether refunds of tax are promptly made when mistakes are identified Where an error has arisen regarding the calculation or application ofanITIS effective rate, any overpayment of tax may be promptly repaid. Alternatively the overpayment may be usedtoreduce the taxpayer's current ITIS effective rate or it can be carried  forward as a credit against the following year's income tax liability.

7. whether there is an independent taxpayer complaints system in place

Yes. Any formal complaint made by a taxpayer is investigated and dealt with promptly by the Taxes Office. Such complaints can cover a very wide range of issues - the nature of which will determine how the complaints are investigated and resolved.

Any person may take a complaint to the States of Jersey Complaints Board regarding an administrative process or a decision made by the Taxes Office.

viii) whether the complaints procedure includes power to report common procedural problems underlying complaints

Should a common procedural problem come to light, the issues are investigated by a Director at the Taxes Office. Procedures will be reviewed to ensure those underlying problems are addressed appropriately.

ix) whether there is any intention to move all previous year's taxpayers to current year?

In the 2014 Budget Statement the Treasury & Resources Minister confirmed that a long term tax programme would be published alongside the 2015 Budget. The intention is to modernise and simplify Jersey's tax system and indeed a review of the previous year basis / current year basis of assessment is likely to be one of the areas of the current tax system which is considered as part of this longer term programme.

14. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE CHIEF MINISTER REGARDING THE INDEPENDENT JUDICIAL APPOINTMENTS COMMISSION:

Question

Given the recommendation of the Second Interim Report of the Constitution Review Group calling for a Judicial Appointments Commission (R.64/2013 paragraph 74 refers) and public disquiet over the procedures that applied to the suspension of the former Assistant Magistrate, would the Chief Minister state whether he agrees with the principle of an independent Judicial Appointments Commission and, if so, indicate what steps, if any, he is taking to pursue this?

Answer

As stated in the written answer provided on 23rd October 2012, whilst I have confidence in our system of justice, I am not closed to the system of judicial appointments being considered. The Second Interim Report of the Constitution Review Group (R.64/2008), presented to the States Assembly on 27th June 2008, recommended that consideration should be given to the creation of a Judicial Appointments Commission. Now that responsibility for justice policy and resources within the executive branch of government has been clarified, this recommendation can be taken forward, having due regard for the Latimer House Guidelines regarding judicial appointments. I would expect to be in a position to bring forward a green paper on the possible establishment of a Judicial Services Commission during the first half of 2014.

15. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HOUSING REGARDING THE NUMBER OF TENANTS RE-CHARGED FOR REPAIRS:

Question

Further to his answer of 5th November 2013, which revealed that the Department recharged tenants £14,294.88 in 2012 for repairs to void properties above and beyond fair wear and tear, will the Minister inform members how many tenants faced these re-charges, what length of tenancy was involved, how much they were charged including the mean or median charge and what proportion of these end of let repair costs were thus recharged?

Answer

The  £14,294.88  recharged  in  2012  reflects  9  ending  tenancies  of  the  363  managed  by  the Department. This represents a proportion of only 2.5%.

16. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING  THE  CHANNEL ISLANDS  COMPETITION REGULATORY AUTHORITY'S REVIEW OF HEATING OIL PRICES:

Question

What actions,  if any,  has the Minister taken to  implement the recommendation  made  by the Channel Island Competition Regulatory Authority in 2012 that he should request that Authority to regularly collect heating oil prices and to monitor the operation of the market, pursuant to a formal request under Article 6(4) of the Competition Regulatory Authority (Jersey) Law 2001?

What conclusions, if any, has the Minister come to concerning the operation of the market in domestic heating oil?

Answer

In February 2012, the Channel Islands Competition and Regulatory Authorities (CICRA) published a report entitled Review of the supply of heating oil in Jersey' which analysed the market for the supply of heating oil in the Island. One of the recommendations in that report was that the Minister should consider directing CICRA to collect and publish prices of heating oil in Jersey from various suppliers, and to compare them with prices charged by heating oil suppliers in the United Kingdom.

After discussions with the Minister, CICRA began to collect heating oil prices from the Jersey distributors on a quarterly basis in order to monitor the operation of the market, pursuant to a formal request  from the Minister under  Article 6(4) of the Competition Regulatory Authority (Jersey)  Law  2001.  The  request  did  not  include  publication  of  prices,  as  it  was  considered premature to do so until the basis for the differences in price were better understood. Collection of price data continued until March 2013, when CICRA commissioned further work into the operation of the market, having identified that the price differential between Jersey and the UK could still not be fully explained.

CICRA's investigation in this area is on-going, currently focusing on the operating fees charged by the fuel consortium managing the La Collette fuel terminal. The Minister will draw conclusions once he has been provided with the results of CICRA's monitoring and further review.

17. DEPUTY  G.P.  SOUTHERN  OF  ST.  HELIER  OF  THE  MINISTER  FOR SOCIAL  SECURITY REGARDING  A  BREAK DOWN  OF  LONG  TERM INCAPACITY ALLOWANCE BENEFITS BY PERCENTAGE:

Question

Following the publication of the  breakdown of  Long Term  Incapacity  Allowance  benefits  by percentage award in Figure 16 of R.134/2013, will the Minister produce for members figures to show the change, if any, in high percentage awards (for example greater than 70%) over the 5 year period 2008 – 2012?

Answer

The number of Long-Term Incapacity Allowance (LTIA) claims with a 70% or higher payment rate is shown in the table below. Across the five year period the total has remained relatively static, with a small decline of 5 claims (1%) between 31 December 2008 and 31 December 2012.

18. DEPUTY J.H. YOUNG OF ST. BRELADE OF THE MINISTER FOR TRANSPORT AND  TECHNICAL  SERVICES  REGARDING  THE  CHRONOLOGY  OF KEY EVENTS IN RESPECT OF THE PLANNING APPLICATION FOR THE STORAGE OF ASBESTOS:

Question

Will the Minister provide a detailed written chronology of the key events and processes carried out by  his  Department  in  responding  to  the  Planning  and  Environment  Department  in  their consideration of his application relating to the storage of asbestos containing material in engineered pits at la Collette (from the time of the first submission of the application) such chronology to include his own interventions, if any?

Answer

The chronology of the key events and processes between the Ministers for Transport and Technical Services  and  Planning  and  Environment  since  the  date  of  the  planning  application  (No. P2010/1861), in December 2010 are:

In December 2012 at a meeting with the Chief Minister and Environment Minister, the relevant Senior Civil Servants were asked to visit a vitrification plant in France and assess the viability of this solution for Jersey.

This visit and visits to alternative suppliers resulted in the Report, "Potential solutions for the treatment of Jersey's asbestos waste" 12 September 2013.

On 4th October 2013 the Transport and Technical Services Minister wrote to the Environment Minister reiterating the conclusions to the latest report and urging the Environment Minister to deal with this planning application as soon as possible.

19. DEPUTY  J.H. YOUNG  OF  ST.  BRELADE  OF  THE  MINISTER  FOR PLANNING AND ENVIRONMENT REGARDING THE CHRONOLOGY OFKEY EVENTS  IN  RESPECT  OF AN  APPLICATION  FOR  THE  SOTRAGE  OF ASBESTOS:

Question

Will the Minister provide a detailed written chronology of the key events and processes carried out by  both  sections  of  the  Planning  and  Environment  Department  in  considering  the  Planning application made by the Transport and Technical Services Minister for the storage of asbestos containing material in engineered pits at la Collette (from the time of first submission of the application) such chronology to include his own interventions in considering the application, if any?

Answer

The  table  below  provides  a  chronology  of  the  key  events  relating  to  the  asbestos  planning application submitted by the Transport and Technical Services Department.