States Meeting Transcript - 22nd October 2013

STATES OF JERSEY OFFICIAL REPORT

TUESDAY, 22nd OCTOBER 2013

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

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

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

2. Nomination of member for Economic Affairs Scrutiny Panel............................9

2.1 Deputy S.G. Luce of St. Martin :..............................................................9

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

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

1. DEPUTY J.H. YOUNG OF ST. BRELADE OF THE MINISTER FOR

PLANNING AND ENVIRONMENT REGARDING THE LEGAL STATUS

OF THE WATERFRONT PLANNING OBLIGATION AGREEMENT:..............9

2. SENATOR A. BRECKON OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING INCOME AND EXPENDITURE ACCOUNTS FOR THE COMMUNITY SAFETY FUND:..............................10
3. SENATOR A. BRECKON OF THE MINISTER FOR EDUCATION,

SPORT AND CULTURE REGARDING THE USE OF THE SWIMMING

POOL AT LANGFORD:.....................................................................10

4. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER

FOR ECONOMIC DEVELOPMENT REGARDING STAFF TURNOVER

AT THE CHANNEL ISLANDS COMPETITION REGULATORY AUTHORITY:.................................................................................11

5. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER

FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE ACCEPTANCE DATE OF THE INCINERATOR FROM THE SUPPLIER:........12

6. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER

FOR EXTERNAL RELATIONS REGARDING THE PROGRESS ON

TALKS WITH FRENCH AUTHORITIES REGARDING JERSEY'S BLACKLISTING:............................................................................14

7. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER

FOR TREASURY AND RESOURCES REGARDING THE BUSINESS

CASE FOR THE FIBRE OPTIC PROJECT:.............................................15

8. DEPUTY T .M. PITMAN OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE ESTIMATED AMOUNT OF ANNUAL BUDGET

USED FOR THE RECENT SECRET COURT CASE INVOLVING

FORMER SENATOR S. SYVRET:........................................................15

9. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE CHIEF

MINISTER REGARDING DEPARTMENTAL SUCCESSION PLANNING:...................................................................................16

10. DEPUTY J.A. HILTON OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE EMPLOYMENT OF NEW ARRIVALS IN JERSEY:..........17

11. DEPUTY J.A. HILTON OF ST. HELIER OF THE MINISTER FOR

SOCIAL SECURITY REGARDING BENEFIT RECIPIENTS LIVING

OUTSIDE OF THE ISLAND:...............................................................19

12. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER

FOR PLANNING AND ENVIRONMENT REGARDING A

REQUIREMENT TO FIT BATHS WITH TEMPERATURE SENSITIVE VALVES:......................................................................................21

13. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING A LIST OF ALL TREATY OBLIGATIONS AND

LEGISLATION COVERING IMMIGRATION:.........................................22

14. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING A LIST OF COUNTRIES WHOSE RESIDENTS HAVE

FULL RIGHTS TO WORK AND RESIDE IN JERSEY:................................23

15. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE NUMBER OF PEOPLE APPLYING FOR

REGISTRATION CARDS: ..................................................................24

16. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE INTRODUCTION OF WORK PERMITS:........................27

17. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE COUNCIL OF MINISTERS' POPULATION

GROWTH POLICY:.........................................................................28

18. DEPUTY J.H. YOUNG OF ST. BRELADE OF THE CHAIRMAN OF THE COMITÉ DES CONNÉTABLES REGARDING ELECTRONIC

PAYMENT SYSTEMS:......................................................................28

19. DEPUTY J.H. YOUNG OF ST. BRELADE OF THE MINISTER FOR

HEALTH AND SOCIAL SERVICES REGARDING THE FUTURE

PROVISION OF SHELTERED HOUSING:..............................................29

20. DEPUTY J.H. YOUNG OF ST. BRELADE OF THE CHAIRMAN OF THE COMITÉ DES CONNÉTABLES REGARDING SHELTERED HOUSING

IN EACH PARISH:...........................................................................29

21. DEPUTY J.H. YOUNG OF ST. BRELADE OF THE MINISTER FOR

HOUSING REGARDING THE PRESENT NUMBER AND LOCATION

OF STATES SHELTERED HOUSING:...................................................30

22. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HOUSING REGARDING THE SALE OF STATES' RENTAL

PROPERTIES TO STATES' TENANTS:.................................................32

23. DEPUTY G.P. SOUTHERN OF ST. HELIER THE MINISTER FOR

HOUSING REGARDING THE POLICY ON REDECORATION

CHARGES FOR TENANTS:................................................................33

24. SENATOR S.C. FERGUSON OF THE MINISTER FOR HEALTH AND

SOCIAL SERVICES REGARDING ALL SERVICES PROVIDED BY

THAT DEPARTMENT AND SPECIFIED BY STATUTE:.............................33

25. SENATOR S.C. FERGUSON OF THE MINISTER FOR EXTERNAL RELATIONS REGARDING ALL SERVICES PROVIDED BY THAT DEPARTMENT AND SPECIFIED BY STATUTE:......................................34

26. SENATOR S.C. FERGUSON OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING ALL SERVICES PROVIDED BY THAT DEPARTMENT AND SPECIFIED BY STATUTE:......................................40

27. SENATOR S.C. FERGUSON OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING ALL SERVICES PROVIDED BY THAT DEPARTMENT AND SPECIFIED BY STATUTE:......................................63

28. SENATOR S.C. FERGUSON OF THE MINISTER FOR HOUSING

REGARDING ALL SERVICES PROVIDED BY THAT DEPARTMENT

AND SPECIFIED BY STATUTE:..........................................................70

4. Oral Questions.................................................................................70

1. Deputy M. Tadier of St. Brelade of the Minister for Home Affairs regarding

the funding of the Jersey Community Relations Trust:....................................70 Senator B.I. Le Marquand (The Minister for Home Affairs):....................................70

1. Deputy M. Tadier :............................................................................70
2. Senator S.C. Ferguson:......................................................................71
3. Senator S.C. Ferguson:......................................................................71
4. Deputy M. Tadier :............................................................................71

2. Deputy M.R. Higgins of St. Helier of the Minister for Treasury and Resources regarding the Danwood Managed Print Service contract:..................................71 Deputy E.J. Noel of St. Lawrence (Assistant Minister for Treasury and Resources - rapporteur):...................................................................................71

1. Deputy M.R. Higgins:........................................................................72
2. Deputy T.M. Pitman of St. Helier :..........................................................72

3. Deputy T.A. Vallois of St. Saviour :.........................................................73

4. Deputy G.P. Southern of St. Helier :........................................................73
5. Deputy R.G. Le Hérissier of St. Saviour :...................................................73
6. Deputy T.A. Vallois:.........................................................................73
7. Deputy M.R. Higgins:........................................................................73
8. Deputy M.R. Higgins:........................................................................74
9. Deputy M.R. Higgins:........................................................................74

3. Deputy T.M. Pitman of the Minister for Education, Sport and Culture

regarding the internal investigation into the starting-pistol shooting incident at

a secondary school:..........................................................................74 Deputy P.J.D. Ryan of St. John (The Minister for Education, Sport and Culture):.............74

1. Deputy T.M. Pitman:........................................................................75
2. Senator S.C. Ferguson:......................................................................75

3. Deputy T.M. Pitman:........................................................................75
   4. Deputy S. Pitman of St. Helier of the Minister for Planning and Environment

regarding measures to ensure that the confidentiality of planning applications

was maintained prior to a public meeting or the publication of a Ministerial

decision:......................................................................................76 Deputy R.C. Duhamel of St. Saviour (The Minister for Planning and Environment):..........76

1. Deputy S. Pitman:............................................................................76
2. Deputy S. Pitman:............................................................................77
3. Deputy T.M. Pitman:........................................................................77

5. Deputy G.P. Southern of the Minister for Education, Sport and Culture

regarding the bearing of class sizes on academic progress:................................78 The Deputy of St. John (The Minister for Education, Sport and Culture):......................78

1. Deputy G.P. Southern :.......................................................................78
2. Deputy G.P. Southern :.......................................................................78

6. Deputy T.A. Vallois of the Minister for Education, Sport and Culture regarding

printing costs for schools:....................................................................78 The Deputy of St. John (The Minister for Education, Sport and Culture):......................78

1. Deputy T.A. Vallois:.........................................................................79
2. Deputy M.R. Higgins:........................................................................79

3. Deputy M.R. Higgins:........................................................................79
4. Senator S.C. Ferguson:......................................................................80
5. Deputy T.A. Vallois:.........................................................................80

7. The Deputy of St. Martin of the Minister for Economic Development regarding

the progress of the draft primary legislation associated with the introduction of

a Financial Services Ombudsman:..........................................................80 Senator A.J.H. Maclean (The Minister for Economic Development):...........................80

1. Deputy M.R. Higgins:........................................................................80
2. Connétable S.W. Pallett of St. Brelade :.....................................................81
3. The Connétable of St. Brelade :..............................................................81
4. Deputy M. Tadier :............................................................................81
5. Deputy T.A. Vallois:.........................................................................82
6. Deputy J.H. Young of St. Brelade :..........................................................82
7. Deputy M.R. Higgins:........................................................................83

8. The Deputy of St. Martin :...................................................................83

8. Deputy J.H. Young of the Chief Minister regarding the adoption of

recommendations for the major reform of the top-level executive management

structure of all States departments:..........................................................83 Senator I.J. Gorst (The Chief Minister):...........................................................83

1. Deputy J.H. Young:..........................................................................84
2. Deputy T.M. Pitman:........................................................................84
3. Deputy T.M. Pitman:........................................................................84
4. Deputy G.P. Southern :.......................................................................85
5. Deputy G.P. Southern :.......................................................................85
6. Deputy T.A. Vallois:.........................................................................85
7. Deputy R.G. Le Hérissier:...................................................................85
8. Deputy R.G. Le Hérissier:...................................................................85
9. Deputy J.H. Young:..........................................................................86

9. Connétable J.L.S. Gallichan of St. Mary of the Minister for Transport and

Technical Services regarding the revenue resulting from green waste charges at

La Collette:...................................................................................86 Deputy K.C. Lewis of St. Savour (The Minister for Transport and Technical

Services):.....................................................................................86

1. The Connétable of St. Mary :................................................................86
2. Deputy J.A. Martin of St. Helier :............................................................87
3. Connétable P.J. Rondel of St. John:.........................................................87
4. Connétable J.L.S. Gallichan of Trinity :.....................................................87
5. The Connétable of St. Mary :................................................................88

10. The Connétable of St. John of the Minister for Planning and Environment

regarding access to hard-copies of planning applications:.................................88 Deputy R.C. Duhamel(The Minister for Planning and Environment):..........................88

1. Deputy J.H. Young:......................................................................88
2. Deputy J.H. Young:......................................................................89

11. Connétable D.W. Mezbourian of St. Lawrence of the Minister for Health and

Social Services regarding the independent review of the Liverpool Care

Pathway and its continued use in the Island:................................................89 Deputy A.E. Pryke of Trinity (The Minister for Health and Social Services):..................89

1. The Connétable of St. Lawrence :........................................................89
2. Senator S.C. Ferguson:...................................................................89
3. Senator S.C. Ferguson:...................................................................90
4. The Connétable of St. Lawrence :........................................................90

12. Deputy S. Pitman of the Minister for Social Security regarding information

provided to Medical Board Doctors regarding M.E. sufferers:............................90 Senator F. du H. Le Gresley (The Minister for Social Security):................................90

1. Deputy S. Pitman:........................................................................90
2. Deputy S. Pitman:........................................................................91
3. Deputy G.P. Southern :....................................................................91
4. Deputy G.P. Southern :....................................................................91
5. The Connétable of St. John :..............................................................91
6. Deputy S. Pitman:........................................................................92

13. Deputy T.A. Vallois of the Minister for Treasury and Resources regarding

plans to revisit the managed print contract:.................................................92 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):..............................92

1. Deputy T.A. Vallois:......................................................................93
2. Deputy G.P. Southern :....................................................................93
3. Deputy M.R. Higgins:....................................................................94
4. Deputy M.R. Higgins:....................................................................94
5. Senator S.C. Ferguson:...................................................................95
6. Senator S.C. Ferguson:...................................................................95
7. Deputy T.A. Vallois:......................................................................95

14. The Connétable of St. John of theChief Minister regarding efforts to ensure all

new residents have an understanding of the English language and the Island's

laws before being given residential status:..................................................96 Senator P.F. Routier (Assistant Minister to the Chief Minister - rapporteur):...................97

1. The Connétable of St. John :..............................................................97
2. Deputy T.M. Pitman:.....................................................................97
3. Deputy M.R. Higgins:....................................................................98
4. Deputy M.R. Higgins:....................................................................98
5. Deputy S. Pitman:........................................................................98
6. Deputy M. Tadier :........................................................................99
7. Deputy M. Tadier :........................................................................99
8. Senator L.J. Farnham :....................................................................99
9. Deputy J.A. Martin:......................................................................99
10. The Connétable of St. John :..........................................................100

15. Deputy T.M. Pitman of the Minister for Home Affairs regarding cyber-

bullying allegations made against the B.B.C:.............................................100 Senator B.I. Le Marquand (The Minister for Home Affairs):..................................100

1. Deputy T.M. Pitman:....................................................................100
2. Deputy T.M. Pitman:....................................................................101

16. Deputy M.R. Higgins of the Minister for Education, Sport and Culture

regarding the impact on schools' budgets of the Danwood Managed Print

Service contract:............................................................................102 The Deputy of St. John (The Minister for Education, Sport and Culture):.....................102

1. Deputy M.R. Higgins:...................................................................102
2. Deputy M.R. Higgins:...................................................................102

17. Deputy M. Tadier of the Minister for Transport and Technical Services

regarding reductions in rush-hour traffic by 15 per cent:.................................103 Deputy K.C. Lewis (The Minister for Transport and Technical Services):....................103

1. Deputy M. Tadier :.......................................................................103
2. The Connétable of St. Mary :............................................................104
3. Deputy G.P. Southern :..................................................................104
4. Deputy R.G. Le Hérissier:..............................................................104
5. Deputy J.M. Maçon of St. Saviour :....................................................104
6. Deputy M. Tadier :.......................................................................105
7. Deputy M. Tadier :.......................................................................105

5. Questions to Ministers without notice - The Minister for Education, Sport

and Culture...................................................................................106

1. Deputy J.A. Martin:........................................................................106 The Deputy of St. John (The Minister for Education, Sport and Culture):.....................106
2. Deputy T.M. Pitman:.......................................................................107

5.2.1 Deputy T.M. Pitman:.......................................................................107

3. Deputy G.P. Southern :......................................................................107

5.3.1 Deputy G.P. Southern :......................................................................108

4. Deputy J.A. Hilton of St. Helier : ..........................................................108
5. Deputy M.R. Higgins:......................................................................108

5.5.1 Deputy M.R. Higgins:......................................................................108

6. Deputy J.A. Martin:........................................................................109
7. Senator L.J. Farnham :......................................................................109
8. Deputy G.P. Southern :......................................................................109
9. Senator S.C. Ferguson:.....................................................................110

6. Questions to Ministers without notice - The Minister for Health and Social Services:.......................................................................................110

1. Deputy T.M. Pitman:.......................................................................110 The Deputy of Trinity (The Minister for Health and Social Services):........................110

1. Deputy T.M. Pitman:.......................................................................110
   2. Deputy K.L. Moore of St. Peter :...........................................................110

6.2.1 The Deputy of St. Peter :....................................................................111

3. Deputy M.R. Higgins:......................................................................111

6.3.1 Deputy M.R. Higgins:......................................................................112

4. Deputy R.G. Le Hérissier:..................................................................112
5. Deputy J.H. Young:........................................................................112

6.5.1 Deputy J.H. Young:........................................................................113

PUBLIC BUSINESS..................................................................................113

7. Draft Public Employees (Contributory Retirement Scheme) (Commutation

of Small Pensions) (Amendments) (Jersey) Regulations 201- (P.105/2013)............113

1. Deputy A.K.F. Green of St. Helier (rapporteur):..........................................113

1. Deputy J.H. Young:........................................................................114
2. Deputy A.K.F. Green:......................................................................114

2. Deputy A.K.F. Green:......................................................................115

8. Law Officers' Department: revised disciplinary process (P.109/2013) - deferred.......................................................................................115

Deputy R.G. Le Hérissier:........................................................................115 9. Income Support Medical Appeal Tribunal: re-appointment of members (P.111/2013)...................................................................................116

9.1 Senator F. du H. Le Gresley (The Minister for Social Security):........................116

1. Deputy G.P. Southern :......................................................................116
2. Senator F. du H. Le Gresley:...............................................................117

10. Cold Weather Bonus: variation of conditions (P.115/2013).............................118

1. Deputy G.P. Southern :......................................................................118

2. Cold Weather Bonus: variation of conditions (P.115/2013) – amendment

(P.115/2013 Amd.)............................................................................118

3. Cold Weather Bonus: variation of conditions (P.115/2013) - as amended............120

11. Jersey Financial Services Commission: re-appointment of Commissioner (P.112/2013)...................................................................................120

ARRANGEMENT OF PUBLIC BUSINESS FOR FUTURE MEETINGS....................121

12. Deputy J.M. Maçon (Chairman Privileges and Procedures Committee):................121

1. Senator P.M. Bailhache :....................................................................121

1. Deputy G.P. Southern :..................................................................121
2. Deputy R.G. Le Hérissier:..............................................................121
3. Senator P.M. Bailhache :................................................................121

2. Deputy J.M. Maçon:........................................................................123
3. Senator L.J. Farnham :......................................................................123
4. Deputy J.H. Young:........................................................................123

12.4.1 Senator A.J.H. Maclean:................................................................123

5. The Connétable J.L.S. Gallichan of Trinity :..............................................123
6. Senator P.F.C. Ozouf :......................................................................123
7. Senator F. du H. Le Gresley:...............................................................124

12.7.1 Deputy J.M. Maçon: ....................................................................124

8. Deputy R.C. Duhamel:.....................................................................124
9. Senator A.J.H. Maclean:....................................................................124 12.10Senator L.J. Farnham :......................................................................124 12.11 Deputy J.M. Maçon:........................................................................125

ADJOURNMENT ....................................................................................125

[9:30]

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

1. The Bailiff :

May I begin by welcoming His Excellency to this sitting of the Assembly? [Approbation]

APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS

2. Nomination of member for Economic Affairs Scrutiny Panel The Bailiff :

Hopefully, Members will have received a short supplementary Order Paper. Apparently inadvertently something that the Chairman of the Economic Affairs Scrutiny Panel wished to mention has been omitted so, Chairman.

2.1 Deputy S.G. Luce of St. Martin :

I would just like to notify the Assembly of my wish to increase the size of the Economic Affairs Scrutiny Panel from 3 members to 4. This would not affect the quorum of the panel, which would remain at 2 and further to that, it would be my wish to nominate the Constable of Grouville for this new position.

The Bailiff :

Is the nomination seconded? [Seconded] Does any other Member wish to make any other nomination? Very well, then. I have great pleasure in declaring the Connétable of Grouville elected to the Scrutiny Panel. [Approbation]

QUESTIONS

3. Written Questions

1. DEPUTY J.H. YOUNG OF ST. BRELADE OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THELEGAL STATUS OF THE WATERFRONT PLANNING OBLIGATION AGREEMENT:

Question

Will the Minister for Planning and Environment advise whether the Planning Obligation Agreement, signed by the States, Harcourt and States of Jersey Development Company in respect of the Esplanade Development, is still binding on the parties?

Answer

It is assumed that the Deputy is referring to the Planning Obligation Agreement (POA) in respect of The Esplanade Quarter dated 30th July 2010 and registered in the Royal Court. The POA is between The Minister for Planning and Environment, The Minister for Transport and Technical Services, The Public of the Island of Jersey and the Waterfront Enterprise Board Limited.

The POA remains a binding legal document should the outline permission granted under Planning Application P/2008/1680 be subject to a detailed permission and work on that permission commenced.

2. SENATOR A. BRECKON OF THE MINISTER FOR TRANSPORT AND TECHNICAL  SERVICES REGARDING  INCOME  AND  EXPENDITURE ACCOUNTS FOR THE COMMUNITY SAFETY FUND:

Question

Will the Minister provide the Income and Expenditure accounts for the Community Safety Fund since responsibility for the fund moved from the Home Affairs Department to the Transport and Technical Services Department in 2007?

Answer

In 2007, £250,865 remaining in the Community Safety Fund was transferred from Home Affairs to Transport and Technical Services.

No further income was received into the fund.

The totals of grants awarded in the following years from the fund (Expenditure) were:-

The Fund was closed at the end of 2010.

3. SENATOR A.BRECKON OF THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING THE USE OF THE SWIMMING POOL AT LANGFORD:

Question

Which schools have used the swimming pool at the Langford Centre during the school day in each of the last 5 years and in what proportion?

Answer

The statistics for 2008 and 2009 are not available but for 2010, 2011 and 2012 the users of the pool during the school day have been as follows:

In addition to the figures above, time is allocated for cleaning and the pool is not in use at these times.

There is also a further proportion of time when the pool is unused. This available time accounted for approximately 12% in 2010, 14% in 2011 and 14% in 2012.

4. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR ECONOMIC  DEVELOPMENT REGARDING  STAFF  TURNOVER  AT THE CHANNEL  ISLANDS  COMPETITION  REGULATORY AUTHORITY:

Question

What  has  been  the  staff  turnover  at  the  Channel  Islands  Competition  Regulatory Authority in the last year to date and will the Minister cite the specific vacancies that have arisen with the reasons?

Answer

The Channel Islands Competition and Regulatory Authorities (C.I.C.R.A.) comprise the Jersey Competition Regulatory Authority (J.C.R.A.) and the Guernsey Competition and Regulatory Authority (formerly known as the Office of Utility Regulation).

Both authorities are led by a joint Board, which is independent of the States of Jersey (and the States of Guernsey). Whilst there is a Service Level Agreement in place in respect of the grant payable to the J.C.R.A. to enforce the Competition (Jersey) Law 2005 and to advise the States on competition policy, it would not be appropriate or indeed possible to get involved in operational matters such as staffing. C.I.C.R.A. has however provided the following information in answer to the question.

There are eleven permanent posts within C.I.C.R.A: four based in Guernsey and seven based in Jersey. In the past 12 months, four staff members have left the organisation.

Recruitment to replace the departing staff members has not been undertaken on a like- for-like basis, given the changing requirements of the organisation (such as the reduction in postal regulation activities in both Jersey and Guernsey). C.I.C.R.A. has recruited to one position and the individual is now in post. Recruitment for a second position - Telecoms Regulation Manager in Jersey - is currently underway. Taking account of both its functions and budgetary constraints, C.I.C.R.A. may consider further recruitment activities in future.

Given the statutory and contractual obligations applying to C.I.C.R.A., it would be considered inappropriate to disclose the reasons for the individual staff vacancies that have arisen.

The Deputy may also recall that he asked questions of the Minister for Treasury and Resources on the 8th October regarding C.I.C.R.A. During this dialogue the Deputy

stated that there are no telecommunication officers at the J.C.R.A. at the moment.

I would reiterate that the Minister for Treasury and Resources said that C.I.C.R.A. does have staff with telecommunications experience and even if that were not the case the Authority would bring in experts with the necessary experience when required.

5. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE ACCEPTANCE DATE OF THE INCINERATOR FROM THE SUPPLIER: Question

Would the Minister advise the date the incinerator was accepted from the suppliers and what criteria, if any, were used to confirm it was fit to be accepted?

Answer

The Energy from Waste plant achieved Take-Over on 29th July 2011. Take-Over is when the plant is handed over from the contractor CSBC (Jersey) limited to the purchaser the Transport and Technical Services Department.

Prior to Take-Over the plant is tested and checked to ensure that it is fit for purpose and operational. These checks and tests are independently verified and the plant officially achieves Take-Over when the Project Manager issues the Take-Over Certificate.

To achieve Take-Over the contractor must undertake Take-Over and Operability tests to demonstrate that the plant works in the manner specified in the contract. The Take-Over tests and Operability tests are undertaken following the issue of the Completion of Construction Certificate.

The Take-Over and operability tests include the following:-

Functional Tests including:

Operation of all systems by functional groups.

Successful switch-over between all duty/standby systems at over 90% Maximum Continuous Rating

(MCR).

Operation of each boiler up to 110% thermal load.

Start-up of the plant using the supervisory control system and following the operating instructions,

within the indicated start-up time.

Start-up and shutdown of each boiler with other boilers in operation, without affecting the operation

of the other boilers or the steam turbine.

Safe shutdown of the Plant according to the operating instructions. Emergency shutdown of the complete plant.

Demonstration of flue gas cleaning systems, including loading consumables and emptying residues

in a safe and environmentally acceptable manner.

Safe operation of bottom ash system, including metal separation.

Testing of the fire alarm systems, fire pumps and fire prevention systems to demonstrate their

adequacy.

Continuous operation of the turbine bypass with all boilers at MCR.

Steam turbine generator temperatures stabilise at acceptable levels with all boilers operating at

MCR.

Operability Tests including:

The Contractor shall demonstrate over a period that the Plant is capable of safe and reliable operation under all specified conditions and within the emission limits of the Waste Incineration Directive. During this period all operations and control functions shall be demonstrated to the Purchaser for the purpose of training the Purchaser's shift personnel. These shall include but not be restricted to:

1. Operation at or above 90 per cent. All boilers shall operate at a minimum of 90% of MCR with the turbine in operation with no bypass for a period of not less than fourteen days. A maximum of one stopperboilerisallowedduringthis period with any stop timebeingaddedontothe duration of the test.
2. On-line maintenance tasks of the Plant.
3. Cold start-up of all plant and systems.
4. Operation of each boiler up to MCR independently.
5. Normal shut-down and restart of each boiler independently and with the other boiler(s) at MCR.
6. Emergency procedures and emergency shut-down.
7. Operation at or above 90 per cent. (MCR) of each boiler, including software tests that demonstrate thatthe Operator is prevented bythe software from running the plantat conditions adverse to the plant life (e.g. too little oxygen or firing rate too high).

8. Operation at maximum turn-down to demonstrate Guaranteed Performance Levels in Schedule 17.
9. Operation ator above 90 per cent. All boilers continuously operating at MCR using the turbine bypass during a turbine trip without boiler safety valves opening, together with the procedure for bringing the turbine back on-line.
10. Turbine Load Rejection Test.
11. Trip to emergency power supply and the procedure for bringing the 33kV supply back on-line

A period of fourteen days of continuous safe and stable operation with all boilers operating at or above 90 per cent (evaluated as daily average) with the turbine generating power shall be achieved during the Operability Test. During this period, all monitored emissions shall remain within the guaranteed emission limits. One stop per boiler is allowed during this period and the time for any such stoppage (from stop time to when the boiler is at MCR again) will be added on to the period. If the operation of all boilers at or above 90% MCR is not achieved, emissions exceed the guaranteed limits or more than one stop occurs per boiler, the Operability Test period shall restart from the beginning.

Since Takeover the plant has been undergoing comprehensive Performance Tests. The final performance test that the plant has to pass started on Monday 14th October 2013 and is expected to last for two weeks. This final test is to prove that the amount of lime added to the flue gas scrubbing system is within the specified amounts as detailed in the contract. This test was delayed because the contractor exercised their contractual right to modify the lime injection system prior to the test. Once this test is passed and the Performance Test Certificate is issued the plant goes into a further one year Availability Test where the general overall reliability is assessed. When the results of the availability test have been examined and certified by the Project Manager a Final Certificate is issued and the contractor may apply for the final payment.

6. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR EXTERNAL RELATIONS REGARDING THE PROGRESS ON TALKS WITH FRENCH AUTHORITIES REGARDING JERSEY'S BLACKLISTING:

Question

Would the Minister advise of the progress, if any, he has made regarding France's listing of Jersey as an uncooperative jurisdiction?

Answer

The Minister for External Relations is working in close cooperation with the Chief Minister and the Treasury and Resources Minister on this issue.

Meetings have been held with the French Ambassador in London, and with officials in Paris, and good progress is being made on exchanging all the outstanding information under the Tax Information Exchange Agreement with France, which forms the basis of Jersey's listing as uncooperative.

I am lodging an amendment to the Taxation (Exchange of Information with Third Countries) Regulations which, among other things, will limit the statutory scope for Appeal and will reduce the period within which information must be produced from 30 to 15 days. These changes will enhance the process of exchanging tax information in accordance with the international standard.

An early meeting with the French Minister of Finance has been requested in order to seek the removal of Jersey from France's list of uncooperative jurisdictions.

7. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE BUSINESS CASE FOR THE FIBRE OPTIC PROJECT:

Question

Can the Minister, as the shareholder representative, confirm if he was presented with the full Business Case for the Fibre Optic Project before sanctioning the release of funds?

If so, will he make the case available to the Public Accounts Committee, Corporate Services Scrutiny Panel and, under appropriate confidentiality agreements, to members?

Answer

Yes, the Minister was presented with the full Business Case for the Fibre Optic Project before sanctioning the release of funds. The full financial model was subjected to detailed examination by the Treasury.

The full Business Case document contains commercially confidential information. J.T. is a stand-alone incorporated entity and as such its directors have their own obligations under Jersey Company Law. The panels have powers to request information direct from J.T. if they so wish.

J.T. have given detailed presentations on the full Business Case to Scrutiny and have also held briefings open to all States Members. The company would welcome further opportunities for such briefings. The presentation given at the briefings will be circulated to all States Members, including those who were unable, or chose not to attend.

8. DEPUTY T .M. PITMAN OF ST. HELIER OF THE CHIEF MINISTER REGARDINGTHE ESTIMATED AMOUNT OF ANNUAL BUDGET USED FOR THE RECENT SECRET COURT CASE INVOLVING FORMER SENATOR S. SYVRET:

Question

Further to the answers given on 24th September 2013 and 8th October 2013, would the Chief Minister give an indication of the estimated amount of the annual budget of the court service and the Bailiff 's Chambers that was needed to deal with the secret court case against former Senator Stuart Syvret in addition to the direct costs charged to the court and case costs budget referred to in his earlier responses?

Answer

The annual running costs of the court service and the Bailiff 's Chambers are publicly available.

The departmental budgets for the Court Services from 2012 – 2015 are on page 49 of the Medium Term Financial Plan. Past expenditure can be found in the States of Jersey Financial Report and Accounts for each year. These documents are available on www.gov.je

The Annual Reports of the Jersey Court Service provide more detailed information. Each report contains a statistical digest detailing the activity for that year. For example in the Annual Report for 2012, Appendix C shows that the Judicial Greffe processed more than 45,000 items of court related activity during the year. The statistical digest provides a breakdown of the number of actions and cases heard in the courts.

Each report also details the courts' annual expenditure. The information contained on page 22 of the Judicial Greffe's 2012 report shows the running costs of the department, excluding court and case costs which have already been given to the Assembly. These running costs amounted to £2,536,277 for 2012.

Court Service annual reports

It is not practical to break down these running costs according to individual cases.

9. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE CHIEF MINISTER REGARDING DEPARTMENTAL SUCCESSION PLANNING: Question

Which Departments, if any, have comprehensive succession plans in place and can these be shared with Members?

Answer

Our aim in succession planning is to equip senior managers with the right professional training and relevant experience to make them credible candidates for top jobs in the States. To this end, funding was put aside in the M.T.F.P. for a succession planning and talent management post, which has been in place since January 2013.

We have since established leadership and management training programmes for Chief Officers, senior managers, and we have introduced a new level 7 of Modern Managers training. In this way we are preparing our managers to move up through the organisation as positions become available.

A number of departments have specific succession plans in place, to ensure continuity of service. This is particularly the case for key posts where skills are in short supply within the Island or are hard to recruit to'.

For example: Senior Officer roles in Health (Senior Public Health Officer), Social Security (Health and Safety Inspectorate) Schools (primary Head Teachers) and Treasury and Resources (Senior posts including those in Tax).

Several smaller departments, such as Department of Environment, Youth Service, Probation, Trading Standards and Fire and Rescue, have implemented more comprehensive succession plans for their key posts. The Police service has established a developmental programme which should provide the training and experience necessary for local officers to apply for senior positions in the future.

Additionally, in the last two years there has been good progress on succession planning and employee development in areas like Education, Community and Social Services and Transport and Technical Services, where programmes for trainees, apprentices and graduates have provided a good internal supply for key roles that are difficult to fill, such as social workers, maths teachers and engineers.

In the next year, we plan to build on the good practices we have started, and ensure more consistent plans are in place for senior roles and key posts across all departments.

10. DEPUTY J.A. HILTON OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE EMPLOYMENT OF NEW ARRIVALS IN JERSEY: Question

Will the Chief Minister advise -

1. how many individuals haveregisteredatthe Social Security Department in the months of July, August and September, excluding licensed, entitled to work and entitled persons?
2. how many of those individuals were new arrivals to the Island;
3. the age, sex and country of origin of those individuals;
4. how many of those new arrivals are currently employed;
5. in what sectors of business the new arrivals are employed?

Answer

1. 669 individuals (aged16orover)arrivedor returned to the island in themonthsof July, August and September and were issued with a CHWL card with "registered" status. This excludes licensed, entitled for work, and entitled persons. (People need registration cards when they move house or change jobs, or if they are in the Island for more than 3 months having begun their residence after 1stJuly, 2013.)

• For comparison - while the new Control of Housing and Work Law only came into force on July 1st 2013, we can compare figures from 2013 and 2012 if we look at the number of people being issued with new Social Security numbers for this period.
• During the months of July, August and September 2013, the total figure for all the people who were issued with Social Security numbers (including registered, licensed, entitled for work, entitled and under-16s) was 1314.
• During the same period in 2012 that figure was 1280.
• These figures do not take into account the number of people who left the island during the same period.

2. 446 individuals over the age of 16were new to the Island;
3. Of the 446 new arrivals to the Island the demographics were as follows:-

Country of origin data is not collected, however information on Nationality is as follows:-

4. This data will be available when the quarter's returns have all been submitted. The Social Security Contribution Schedules are due on the 15th October, and the quarter closes on the 15th December. Following this, information will be available on employment.
5. This data will be available when the quarter's returns have all been submitted. The Social Security Contribution Schedules are due on the 15th October, and the quarter closes on the 15th December. Following this, information will be available on the sectors in which individuals are employed.

11. DEPUTY J.A. HILTON OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING BENEFIT RECIPIENTS LIVING OUTSIDE OF THE ISLAND:

Question

Further to information given at a recent public scrutiny meeting with the Minister, that currently approximately 92 individuals who reside outside of the Island are in receipt of Invalidity Benefit, will the Minister advise:-

1. the countries in which the 92 individuals reside?

2. thecosttothepublicof the benefittothe92claimantsandtheir dependents, where applicable, for the year 2012?
3. the length of time each of the92 claimants havebeen in receipt of the benefit and the length of time they were employed before claiming the benefit?
4. how many of the individuals, ifany, have now progressed onto qualifying for a Jersey Old Age Pension simply by being in receipt of Invalidity Benefit and, what is the costofthepayments for the Jersey Old Age Pension to the former claimants of Invalidity Benefit and their dependents?

Answer

Invalidity Benefit is a contributory benefit available to working age individuals with serious long-term illnesses such that the claimant is unable to work. The estimate of 92 individuals claiming Invalidity Benefit outside Jersey was given during a recent Scrutiny hearing.

The  information below  is  based on 95  individuals  identified  as  being  in  receipt of Invalidity Benefit and resident outside Jersey at 31 August 2013. Invalidity benefit has not been available to new claimants since October 2004 and the number of claimants is steadily decreasing.

Jersey has long-standing reciprocal agreements with many countries including the United Kingdom, Portugal, France, Spain and Guernsey (which also covers Alderney) in respect of Social Security benefits. The reciprocal agreements with each of these countries specifically provides for individuals living in the countries to be able to receive various Social Security benefits, including Invalidity Benefit, as if the individual were still living in Jersey. Any change to payment of Invalidity Benefit in a reciprocal country would need to also be made to the payment of the benefit in Jersey itself.

1. the countries in which the 92 individuals reside:

2. Invalidity Benefit ispaid from the SocialSecurityFund.Theamount paid to these 95 individuals for 2012 was £1,018,000.
3. As noted above, Invalidity Benefit has not been available to new claimants since 2004. The 95 ongoing claims have claim durations as shown below:

The following table indicates  the number of contribution years recorded against  the individual prior to their claim for Invalidity Benefit. In general, contribution years are built up through employment, but individuals can also receive contribution credits during periods of  short-term or  long-term  incapacity,  whilst receiving Maternity  Benefit or following a compulsory redundancy.

4. As agreed with Deputy Hilton, further research will be undertaken to identify all Invalidity  Benefit  claims which closed  over the period  of January  2011 to December 2012 and to determine:

1. The number of these claims that were closed as a result of the claimant reaching pension age, and qualifying for a Jersey Old-Age Pension
2. The total value of Jersey OAP paid to these individuals in 2012

Both these figures will be broken down by on-Island claimants and off-Island claimants, determined at the date the OAP started

12. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING A REQUIREMENT TO FIT BATHS WITH TEMPERATURE SENSITIVE VALVES:

Question

Further  to  the Minister's  consultation  regarding  the  requirement  to  fit  baths  with temperature sensitive  valves, would he advise the scale of the problem he seeks to address and detail how many cases of scalding he is aware of annually and why he considers that legislation should be replacing common-sense in this area?

Answer

The Planning and Building Law requires me to make building bye-laws to secure the health, safety and welfare of people in buildings and to ensure those bye-laws prevent the waste and undue consumption of water in buildings. My consultation follows a review of current bye-law requirements relating to drainage provision and hot water storage. It

proposes to improve standards in terms of water efficiency and safety in respect of hot provision in new homes.

The proposal for fitting thermostatic mixing valves as part of standard plumbing work in newly constructed dwellings reflects changes to building regulations elsewhere, and the fact that it is now common for new hot water storage systems to deliver hot water at high pressure and at temperatures of 600 C or more. Bath water at this temperature can give an adult a full thickness burn in 5 seconds, even quicker in a child and the elderly.

Data provided by Child Accident Prevention Jersey, shows that 88 children under the age of 16 attended Jersey's Accident and Emergency Department in 2012 because of a burn injury. It is not possible from the data available to identify the cause of every burn injury but it is apparent from the Jersey Child Unintentional Injury Statistics 2012 report that many were caused by liquid or steam, with at least one being due to a bath scald. Bath scalds are known to cause some of the most severe burn injuries.

The proposal which I am currently consulting on is about improving building standards by the fitting of a simple device at the time a new house or flat is constructed that helps prevent hot water injuries. It will also contribute to the energy performance of the home by reducing hot water consumption. I believe there will be much support for this change.

13. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING A LIST OF ALL TREATY OBLIGATIONS AND LEGISLATION COVERING IMMIGRATION:

Question

Will the Chief Minister set out for Members in one comprehensive document a list of all the Treaty obligations, legislation (both primary and secondary), conventions and other material that govern immigration into Jersey?

Answer

Jersey is a part of the British Isles. As such, its constitutional position governs immigration into Jersey.

There are no systematic immigration controls between Britain and Jersey and if a person has the right of abode in either then he or she has no need to obtain leave to reside in the other. This is provided for in the British Nationality Act 1981 which applies directly to Jersey and the Immigration Acts of 1971 and 1988 which were extended to Jersey by virtue of the Immigration (Jersey) Order 1993.

Jersey's relationship with the European Union is laid down in Protocol 3 to the UK's Treaty of Accession to the European Economic Community. Jersey has an obligation under this Protocol to apply the same treatment to all nationals of Member States.

As there are no restrictions on British citizens entering Jersey, the same must apply to EU citizens.

As a result of the Immigration Act 1971 of the United Kingdom, which has been extended to Jersey by the Immigration (Jersey) Order 1993, Jersey is part of the common

travel area and there are no border controls between the United Kingdom, Ireland and the Crown Dependencies.

Legislation

• Immigration (Jersey) Order 1993 and underlying subordinate legislation:

• Immigration (Work Permits) (Jersey) Rules 1995
• Immigration (Hotel Records) Order 1999
• Immigration (Designated Ports of Entry and Exit) (Jersey) Act 2001

• Asylum and Immigration Act 1996 (Jersey) Order 1998
• Immigration and Asylum Act 1999 (Jersey) Order 2003 and underlying subordinate legislation:

• Immigration (Removal Directions) (Jersey) Order 2004
• Immigration (Fees) (Jersey) Order 2010

• Immigration (Jersey) Order 2012
• Immigration and Asylum (Jersey) Order 2012

International

• Protocol 3 to the United Kingdom's Act of Accession 1972 (Article 4)

Directions

• Leave to Enter and Remain Directions 2003
• Immigration (Landing and Embarkation Cards) Directions 2005
• The Directions of the Lieutenant-Governor 2012
• Immigration (Passenger, Crew and Service Information) (Jersey) Directions 2013

The legislation above, which specifically governs nationality and immigration, may be found in Chapter 21 of the Revised Edition of Jersey Laws, and this may be accessed for free on www.jerseylaw.je.

The Directions may be accessed via the Life Events ("Moving to Jersey") section on www.gov.je

14. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING A LIST OF COUNTRIES WHOSE RESIDENTS HAVE FULL RIGHTS TO WORK AND RESIDE IN JERSEY:

Question

Will the Chief Minister set out the composition, by country of origin, of all those with full rights to work and reside in Jersey and, if unable to do so, provide Members with what information is available regarding those with a right to reside in Jersey?

It is unclear whether the question relates to any person residing anywhere in the world who could have "entitled" or "entitled for work" residential status under the new Control of Housing and Work (Jersey) Law 2011, or whether it relates to people resident in Jersey.

If it is the former, clearly, we do not have statistics on the worldwide population of such people. For example, we do not maintain records of how many people, who are still living, have left Jersey over the years.

If it is the latter, then the Statistics Unit provided figures as part of the 2011 Census which showed that 82% of residents had equivalent to "entitled" status. For the full information,  see http://www.gov.je/Government/Census/Census2011/Pages/2011CensusResults.aspx.

15. DEPUTY  M.R. HIGGINS  OF ST.  HELIER OF THE  CHIEF MINISTER REGARDING  THE  NUMBER  OF  PEOPLE  APPLYING  FOR REGISTRATION CARDS:

Question

Will the Chief Minister set out for Members the numbers of people who have applied for registration cards under the new Control of Housing and  Work (Jersey) Law 2012, breaking down the numbers into nationality and country of origin of all those who have applied to date?

Answer

9,055 individuals applied for registration cards under the new Control of Housing and Work (Jersey) Law 2012 between 1st July 2013 and Friday 11th October inclusive.

The analysis by nationality is as follows:-

These figures show all those people needing registration cards, which does not mean they are all new to the Island. People need registration cards when they move house or change jobs, or if they have moved to the Island for more than 3 months after 1st July, 2013.

When issuing cards we ask for an applicant's nationality, not country of origin.

16. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE INTRODUCTION OF WORK PERMITS:

Question

Will the Chief Minister set out for Members the arguments for and against the introduction of work permits for all persons wishing to live and work in Jersey, advising Members of any legal impediments to the introduction of such permits?

Answer

The new Control of Housing and Work Law was introduced on the 1st July, 2013. The law was approved following some years of development and a number of States decisions. Alternative systems, like work permits, were evaluated as part of this process.

The primary arguments for and against work permits are as follows: For

• A work permit regime requires individual recruitment decisions to have the approval of government, maximising the ability of government to secure those roles for established residents.

Against

• Many would see this level of control as a disadvantage. It means government second-guessing thousands of individual recruitment decisions, placing a significant burden on government, and more importantly on businesses. It increases the costs of recruitment and by extension of operating a business. In short, it reduces our economic efficiency.

The Control of Housing and Work law was designed to place an absolute limit on the ability of businesses to employ migrants, while also giving new powers to intervene where and when needed. For example, the law requires that all new recruits of a specific business have individual permission, which may be time-limited, and which may even specify where a person may live.

In this way, the new Law can act as a work permit system where deemed appropriate, in a targeted fashion. The "Interim Population Policy" being developed will outline these powers in full, and include recommendations as to how they may be used.

Legal position

British and European Union citizens have the right of abode in Jersey. Therefore, Jersey cannot apply border controls over such citizens. Instead, controls over access to housing and work can be proportionately used, including either the use of work permits, or the use of named and time-limited permissions under the Control of Housing and Work Law. Any work permit system would need to be administered in a manner compliant with the Island's international obligations.

17. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDINGTHECOUNCILOFMINISTERS' POPULATION GROWTH POLICY:

Question

Will the Chief Minister outline the policy on population growth that underpins the Council of Ministers' health and economic growth policies and strategies?

Will he further set out the specific population figures the Council of Ministers is working on for 2015, 2020, 2025, 2030, 2035, 2040, 2045 and 2050?

Answer

The 2009 Strategic Plan outlined a net migration target of +325 people per year on average. The 2012 Strategic Plan committed to a review of population policy, which will be brought forward as an "Interim Population Policy" before the end of the present term of the Council of Ministers.

In the meantime, the planning assumption for net immigration has remained +325.

This underlies the Economic Growth and Diversification Strategy and Health Strategy, as well as other policies such as the Island Plan.

It should be noted that planning future services does not merely depend on estimates of population. For instance, plans for future health services are affected by the ageing population and changing patterns of health care. For all of the levels of immigration calculated in the Statistics Unit Population Projection Report, the over 65s population of Jersey remains materially the same.

The Statistics Unit's Population Projection Report 2013 is publicly available and shows population forecasts on an annual net immigration assumption of +350 people on page 9.

18. DEPUTY J.H. YOUNG OF ST. BRELADE OF THE CHAIRMAN OF THE COMITÉ DES CONNÉTABLES REGARDING ELECTRONIC PAYMENT SYSTEMS:

Question

Will the Chairman inform the Assembly whether any parishes presently do not provide facilities for parishioners to pay their rates bills either by direct bank transfer or electronic means and whether there are any future plans for all parishes to provide a coordinated system permitting such payment by instalments and, if not, why not?

Answer

All Parishes accept rates payment by installment, all parishes accept payment by direct bank transfer and some parishes accept debit or credit card payments.

Future developments may provide a common platform for all parishes but each parish will determine the payment methods which best suit it.

19. DEPUTY J.H. YOUNG OF ST. BRELADE OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE FUTURE PROVISION OF SHELTERED HOUSING:

Question

Will the Minister outline her policy in respect of the future provision and location of sheltered, retirement or lifetime homes for the over-55's to ensure independent living and explain how this policy coordinates with her future plans for primary healthcare provision for our ageing population?

Answer

The future provision and location of sheltered, retirement or lifetime homes for the over- 55's is the responsibility of the Planning & Environment Minister as set out in the 2002 Island Plan. The policy intention is to provide a socially supportive and stimulating environment which enables older people to live independently for as long as possible in their own home.

Since the approval of P33/2013, the responsibility for defining housing demand and for developing housing policy has rested with the newly formed Strategic Housing Unit led by the Chief Ministers Department. The Unit has now been established to look at Island wide housing strategy and as part of this work the longer term needs of all sectors of the housing market will be assessed. With regards to over-55's housing there is data available and this has recently been reviewed by the statistics unit.

The Health and Social Services Minister outlined plans for health and social care provision for the ageing population in P82/2012. In this plan, the Minister set out how a range of supported housing solutions will need to be developed to provide a variety of options for individuals who do not require hospital care but who require significant assistance to live independently. This increased supported housing will enable people to make informed choices and plan ahead properly. Supported housing will be achieved through the above departments working together to ensure that current and future demand is assessed and delivered in a timely manner.

20. DEPUTY J.H. YOUNG OF ST. BRELADE OF THE CHAIRMAN OF THE COMITÉ DES CONNÉTABLES REGARDING SHELTERED HOUSING IN EACH PARISH:

Question

Will the Chairman provide the Assembly with details of the present number of sheltered homes, retirement, lifetime or appropriate housing for the over-55s provided by each parish, together with the number of persons in each parish waiting for this accommodation to become available?

Answer

1. The number of units given in column 1 is the total present number of sheltered homes, retirement, lifetime or appropriate housing for the over-55s provided by each parish and excludes residential homes, units currently under construction or

for which planning permission has been received, and units provided by other privately run bodies for elderly residents.

2. The number of persons given in column 2 is those on the parish's waiting list, if such is maintained, who have expressed an interest in being considered for such accommodation should it become available or vacant; it should notbe taken as indicative  of  actual  current  need  for  housing.  Applications  are  received  from married and single persons and the figures provided relate to the number of persons and not to the number of applications or units of accommodation required.

21. DEPUTY  J.H.  YOUNG  OF  ST.  BRELADE OF  THE MINISTER  FOR HOUSING REGARDING THE PRESENT NUMBER AND LOCATION OF STATES SHELTERED HOUSING:

Question

Will the Minister provide the Assembly with details of the present number and location of States rental sheltered homes, retirement, lifetime or appropriate housing for over-55s in the Island, together with the number of persons in the Housing Gateway presently waiting for this accommodation to become available and his forecast of the housing needs of this group of over-55's for the next ten years?

Answer

Table showing rental stock (sheltered homes, retirement, lifetime and appropriate housing for over-55s in the Island) administered by the Housing Department:

(for definitions of the different types of housing see end of the answer)

The Strategic Housing Unit has recently been established to look at Island wide housing strategies. As part of this work the longer term needs of all sectors of the housing market will be assessed, working with the Statistics Unit, other Departments, and other agencies, including the Parishes, to gain a more comprehensive picture of housing supply and demand by property type and age.

In the meantime, however, the Housing Gateway statistics clearly show that additional requirements exist:

• As of September 2013, the Housing Gateway recorded a net requirement for 764 homes for social rented accommodation, of which 288 are from over-55 years olds from bands 1,2 and 6 (including persons who are under-occupying property, in  medical need,  over-crowd  conditions,  and  under  eviction,  and  with  poor housing standards).

As to the available information on from the Statistics Unit, it clearly shows overall shortfalls in supply, and indicates a shortfall in the supply of homes for older persons (but does not extend to the 10-year analysis requested):

• The 2007 Housing Needs Assessment undertaken by the Statistics Unit showed that over the period 2008-12, a total five-year potential shortfall existed of up to 400 dwelling units for older persons' housing.
• The 2012 Housing Needs Assessment for the period 2013 - 2015 showed an overall potential shortfall of more than 400 units of social housing and of 260 qualified one bedroom units; and many of these units will be needed for older persons.

The next round of the Housing Needs Assessment will include a specific question on older persons housing to provide a more up-to-date assessment of the overall position in respect of older persons.

Definitions: For the purpose of answering this question, the following definitions have been used:

22. DEPUTY  G.P.  SOUTHERN  OF  ST.  HELIER OF  THE MINISTER  FOR HOUSING REGARDING THE SALE OF STATES' RENTAL PROPERTIES TO STATES' TENANTS:

Question

Will the Minister assure Members that he will ensure that future sales of States' rental properties will only be to States' tenants and not to a wider market to ensure that the social housing stock is not reduced and, if not, why not?

Answer

R.15/2013, The States of Jersey Housing Transformation Full Business Case, debated and approved by the States on 17th May 2013, made it clear that the new Housing Company would be required to sell 300 homes (an average of 15 sales per annum for years 1-20 of operation). In addition it made it clear that 30 sales would be made prior to the commencement of the new Company on 1st July 2014.

Other than for any specifically identified high value properties, all of the sales will be classified as "affordable" in perpetuity and will be allocated to those registered on the Affordable Housing Gateway as being entitled to either social housing or for an affordable housing scheme.

Funds generated by the sales will be reinvested in the Company business model as set out in R.15/2013which will ensure that all homes meet the Decent Homes Standard within 10 years and that all borrowing is repaid within 20 years.

23. DEPUTY G.P. SOUTHERN OF ST. HELIER THE MINISTER FOR HOUSING REGARDINGTHEPOLICY ON REDECORATION CHARGES FOR TENANTS:

Question

Will the Minister outline for Members his department's policy on redecoration charges on re-lets and state how this compares with those of the other social housing providers?

Answer

It is the Housing Departments policy to ensure that properties being vacated by the tenant are returned in reasonably clean condition, in a reasonable state of decoration and repair and free from damage. This is clearly set out in the tenants obligations of their respective tenancy agreements. The only exception is in respect of the current occupants of the Cottage Homes.

The Housing Trusts operate under their own guidelines in respect of re-lets and recharges which they may feel are appropriate in order to return a home to a lettable condition. However, it is fair to say that all the providers have re-let policies which closely align with the Department's and reflect the range of UK best practice.

24. SENATOR S.C. FERGUSON OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING ALL SERVICES PROVIDED BY THAT DEPARTMENT AND SPECIFIED BY STATUTE:

Question

What are the services which the Department must supply as required and specified by statute (with references)?

Answer

The table below contains a list of the services that the Minister for Health and Social Services  is  under  a  statutory  obligation  to provide.  As  requested,  it  only  specifies mandatory duties, not permissive powers.

Further  to  the  services  listed  below  the  Department  also  has  significant  regulatory functions contained in other laws that may not be considered services' per se. These include  administering  provisions  in  relation  to  the  protection  of  public  health  (for example provisions contained in the Food Safety (Jersey) Law 1966); administering registration requirements of professionals engaged in health and  social services (for example,  under  the  Medical  Practitioners  (Registration)(Jersey)  Law  1960);  and administering the  regulation of premises that deliver relevant services  (for example, nursing homes under the Nursing and Residential Homes (Jersey) Law 1994).