States Meeting Transcript - 5th March 2013

STATES OF JERSEY

OFFICIAL REPORT

TUESDAY, 5th MARCH 2013

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

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

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

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

1. DEPUTY T.M. PITMAN OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING ALLEGATIONS IN RESPECT OF THE HISTORIC CHILD ABUSE INVESTIGATIONS:....................................................................8
   2. DEPUTY S.S.P.A. POWER OF ST. BRELADE OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE PAYMENT METHODS OFFERED TO THE PUBLIC BY STATES OWNED UTILITY COMPANIES:..............................8
   3. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE NUMBER OF FOOT AMPUTATIONS IN JERSEY IN THE LAST TWO CALENDER YEARS ASSOCIATED WITH DIABETES: ....................................................10

4. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE REVOCATION OF BULK' LICENCES FOR EMPLOYMENT: ....................................................10

5. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR SOCIAL SECURITY REGARDING INCOME SUPPORT CLAIMANTS PURSUING FURTHER AND HIGHER EDUCATION RATHER THAN IMMEDIATELY SEEKING EMPLOYMENT:...........................................................11
6. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE INTRODUCTION OF A FINANCIAL OMBUDSMAN:.........................................................12
7. DEPUTY T.M. PITMAN OF ST. HELIER OF H.M. ATTORNEY GENERAL REGARDING PRIVATE PROSECUTIONS: ..........................................13

8. DEPUTY T.M. PITMAN OF ST. HELIER OF H.M. ATTORNEY GENERAL REGARDING MISCARRIAGES OF JUSTICE IN JERSEY:..........................13

9. DEPUTY T.M. PITMAN OF ST. HELIER OF THE CHAIRMAN OF THE PRIVILEGES AND PROCEDURES COMMITTEE REGARDING THE CONTENT OF THE INFORMATION TO ACCOMPANY THE REFERENDUM PUBLICITY:..14
10. DEPUTY T.M. PITMAN OF ST. HELIER OF THE CHAIRMAN OF COMITÉ DES CONNÉTABLES REGARDING INFORMING ISLANDERS OF THE IMPACT OF THE REFERENDUM ON URBAN PARISH REPRESENTATION:..................14

11. DEPUTY T.M. PITMAN OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING THE BASIS FOR REFUTING THAT AN EAST EUROPEAN SEX RING WAS OPERATING WITHIN THE ISLAND:...................................15
12. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING JERSEY TELECOM'S ACCEPTANCE OF CHEQUES:.......................................................16
13. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE INVESTIGATION OF LOCAL FUEL SUPPLIES BY THE JERSEY COMPETITION REGULATORY AUTHORITY: .........................................................................................16
14. DEPUTY J.H. YOUNG OF ST. BRELADE OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE GRANTING OF PLANNING PERMISSIONS INCONSISTENT WITH THE ISLAND PLAN 2011:................18
15. DEPUTY J.H. YOUNG OF ST. BRELADE OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE PERFORMANCE OF THE PLANNING DEPARTMENT IN PROCESSING PLANNING AND BUILDING APPLICATIONS SINCE 2010:...........................................................................18
16. DEPUTY J.H. YOUNG OF ST. BRELADE OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE DIRECT COSTS INCURRED BY THE PLANNING DEPARTMENT IN PROCESSING PLANNING AND BUILDING APPLICATIONS DURING 2012:......................................................20
17. DEPUTY J.H. YOUNG OF ST. BRELADE OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE TOTAL INCOME RECEIVED FROM PLANNING AND BUILDING APPLICATION FEES RESPECTIVELY, FOR EACH OF THE LAST FIVE YEARS TO 2012:...............................................21
18. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE MODERNISATION REVIEW OF PUBLIC SECTOR TERMS AND CONDITIONS:..................................................................21
19. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE FINALISATION OF A SET OF PRINCIPLES BASED ON THE UK TRANSFER OF UNDERTAKINGS (TUPE) LEGISLATION: ....................26
20. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE PROVISION OF A BREAKDOWN OF NON- LOCALLY QUALIFIED LICENCES AS AT THE END OF 2009: ....................26
21. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE NUMBER OF MIDDLE GRADE AND SENIOR DOCTORS WHO HAD LEFT THE SERVICE OVER RECENT MONTHS:27
22. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE INTEGRATED REWARD FRAMEWORK TO RESOLVE THE STRUCTURAL INEQUALITY BETWEEN NURSES AND OTHER HEALTH

PROFESSIONALS:....................................................................28

23. DEPUTY J.H. YOUNG OF ST. BRELADE OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE FUTURE OF THE EXPLORER' BUS SERVICE: ........................................................................29
24. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE PROVISION OF A DETAILED CHRONOLOGY OF ALL NEGOTIATIONS AND CORRESPONDENCE WITH THE PUBLIC SECTOR UNIONS IN DISPUTE WITH THE STATES OF JERSEY OVER THEIR PAY AND CONDITIONS:........32

25. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING PUBLIC ACCESS TO THE OPERATIONAL RECORDS OF BELLOZANE:......................................39
26. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING SECURING PUBLIC NETWORKS IN JERSEY FROM CYBER TERRORISM: .....40
27. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE SCREENING CONDUCTED ON STAFF AND MEMBERS OF THE PUBLIC LIVING AROUND THE BELLOZANNE AREA: 40
28. THE DEPUTY OF ST. PETER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE CURRENT LENGTH OF WAITING LISTS TO SEE HOSPITAL CONSULTANTS:.........................................................41

3. Oral Questions...........................................................................41

3.1 Deputy G.C.L. Baudains of St. Clement of the Minister for Treasury and Resources regarding the progress of the Fort Regent Political Steering Group:....................42 Deputy E.J. Noel of St. Lawrence (Assistant Minister for Treasury and Resources - rapporteur):.............................................................................42

1. Deputy G.C.L. Baudains:...............................................................42
2. Deputy M. Tadier of St. Brelade:.......................................................42
3. Deputy M. Tadier :......................................................................42
4. Deputy M. Tadier :......................................................................43
5. Senator L.J. Farnham :..................................................................43

3.2. Deputy R.G. Le Hérissier of St. Saviour of the Minister for Treasury and Resources (designated by the Chief Minister to discharge the functions of the Minister for Economic Development in his absence) regarding the supply of super unleaded fuel to the Island:..............................................................................43 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................43

1. Deputy R.G. Le Hérissier: ..............................................................44
2. Deputy G.C.L. Baudains:...............................................................44
3. Deputy S.G. Luce of St. Martin : ........................................................44
4. Connétable P.J. Rondel of St. John : ....................................................45
5. The Connétable of St. John:............................................................45
6. Senator L.J. Farnham :..................................................................45
7. Deputy R.G. Le Hérissier: ..............................................................46

3. Deputy M.R. Higgins of St. Helier of the Chief Minister regarding the legal costs of the Historic Child Abuse Redress Scheme:.................................................47 Senator I.J. Gorst (The Chief Minister):......................................................47

1. Deputy M.R.Higgins:..................................................................47
2. Deputy T.M. Pitman of St. Helier:......................................................47
3. Deputy M. Tadier :......................................................................47
4. Deputy M. Tadier :......................................................................48
5. Deputy M.R.Higgins:..................................................................48

6. Deputy M.R.Higgins:..................................................................48

4. Deputy J.A. Hilton of St. Helier of the Minister for Health and Social Services regarding the recent resignation of middle grade doctors:.........................................48 Deputy A.E. Pryke of Trinity (The Minister for Health and Social Services):.................48

1. Deputy J.A. Hilton:.....................................................................49
2. The Connétable of St. John:............................................................49
3. The Connétable of St. John:............................................................49

4. Senator S.C. Ferguson:.................................................................49
5. Deputy G.P. Southern of St. Helier:....................................................50
6. Deputy K.L. Moore of St. Peter:........................................................50
7. Deputy J.H. Young of St. Brelade:......................................................50
8. Deputy M.R.Higgins:..................................................................51

9. Deputy J.A. Hilton:.....................................................................51

5. Deputy J.H. Young of the Minister for Planning and Environment regarding a Planning Obligation Agreement for Plémont Holiday Village:....................................51 Deputy R.C. Duhamel of St. Saviour (The Minister for Planning and Environment):.........51

1. Deputy J.H. Young:....................................................................51
2. Deputy J.H. Young:....................................................................51
3. Deputy T.M.Pitman:...................................................................52
4. Deputy J.A. Hilton:.....................................................................52
5. Deputy J.H. Young:....................................................................52
   6. Deputy G.C.L. Baudains of the Minister for Treasury and Resources regarding the extent of States ownership of property and infrastructure at La Collette:......................52 Deputy E.J. Noel (Assistant Minister for Treasury and Resources - rapporteur):..............52

1. Deputy G.C.L. Baudains:...............................................................53
2. Deputy R.G. Le Hérissier: ..............................................................53
3. Deputy R.G. Le Hérissier: ..............................................................53
4. Deputy G.C.L. Baudains:...............................................................53

7. Deputy T.M. Pitman of the Chairman of the Privileges and Procedures Committee regarding revisiting the recommendations made in the Carswell report regarding the dual role of the Bailiff :......................................................................54 Connétable A.S. Crowcroft of St. Helier (Chairman, Privileges and Procedures Committee): 54

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

8. Deputy G.P. Southern of the Chief Minister regarding the process for consultation over the modernisation of terms and conditions for the public sector:........................55 Senator I.J. Gorst (The Chief Minister):......................................................55

1. Deputy G.P. Southern :..................................................................55
2. Deputy G.P. Southern :..................................................................56
3. Deputy G.P. Southern :..................................................................56
4. Deputy G.P. Southern :..................................................................56

9. Deputy M. Tadier of the Minister for Transport and Technical Services regarding the commitments given by one of his predecessors in relation to future bus company staff transfers:................................................................................56 Deputy K.C. Lewis of St. Saviour (The Minister for Transport and Technical Services): .....57

1. Deputy M. Tadier :......................................................................57
2. Deputy G.P. Southern :..................................................................57
3. Deputy T.M.Pitman:...................................................................58
4. The Connétable of St. John:............................................................58
5. Deputy G.P. Southern :..................................................................58

6. Deputy M. Tadier :......................................................................58
7. Deputy G.P. Southern :..................................................................58

10. Deputy J.H. Young of the Minister for Transport and Technical Services regarding the frequency of the route 12 day time bus service:.........................................59

Deputy K.C. Lewis (The Minister for Transport and Technical Services):....................59

1. Deputy J.H. Young: .................................................................59
2. Deputy J.A. Hilton:..................................................................59
3. Connétable D.W. Mezbourian of St. Lawrence:......................................60
4. Deputy R.G. Le Hérissier:...........................................................60
5. The Connétable of St. John : .........................................................60
6. Deputy G.C.L. Baudains: ............................................................60
7. Deputy J.H. Young: .................................................................60

11. Deputy R.G. Le Hérissier of the Minister for Treasury and Resources regarding the future of the Gigabit Jersey project following staff redundancies at the company sub- contracted to roll out the scheme:.......................................................61 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................61

1. Deputy R.G. Le Hérissier:...........................................................61
2. The Connétable of St. John : .........................................................62
3. Deputy M.R.Higgins:...............................................................62
4. Deputy G.C.L. Baudains: ............................................................62
5. Deputy R.G. Le Hérissier:...........................................................63
6. Deputy R.G. Le Hérissier:...........................................................63

12. Deputy J.A. Hilton of the Minister for Health and Social Services regarding delays in recruiting Consultants:..................................................................63 The Deputy of Trinity (The Minister for Health and Social Services):........................63

1. Deputy J.A. Hilton:..................................................................64
2. Deputy G.P. Southern : ..............................................................64
3. Senator S.C. Ferguson:..............................................................64
4. Deputy J.A. Hilton:..................................................................64

13. Deputy M. Tadier of the Chairman of the Comité des Connétable s regarding the use of Parish resources, funds and amenities to promote one side or another in the forthcoming referendum:............................................................................65 Connétable J.L.S. Gallichan of Trinity (Chairman, Comité des Connétable s):................65

1. Deputy M. Tadier :...................................................................65
2. Deputy M.R.Higgins:...............................................................65
3. The Connétable of St. Helier:........................................................66

4. Deputy G.P. Southern : ..............................................................66
5. Deputy G.P. Southern : ..............................................................66
6. Deputy M. Tadier :...................................................................66

14. Deputy G.P. Southern of the Chairman of the Privileges and Procedures Committee regarding consideration of the Venice Commission's guidelines for referendum best practice:................................................................................67 The Connétable of St. Helier (Chairman, Privileges and Procedures Committee):............67

1. Deputy G.P. Southern : ..............................................................67
2. Deputy R.G. Le Hérissier:...........................................................67
3. Deputy R.G. Le Hérissier:...........................................................68
4. Deputy T.M.Pitman:................................................................68
5. Deputy G.P. Southern : ..............................................................68

15. Senator S.C. Ferguson of the Minister for Health and Social Services regarding the Human Rights compliance of the mental health legislation in Jersey:...................68 Connétable J.M. Refault of St. Peter (Assistant Minister for Health and Social Services - rapporteur):.............................................................................69

1. Senator S.C. Ferguson:..............................................................69
2. Senator S.C. Ferguson:..............................................................69

16. Deputy M.R. Higgins of the Chief Minister regarding the number of Historic Child Abuse victims compensated to date: ....................................................69 Senator I.J. Gorst (The Chief Minister):......................................................69

1. Deputy M.R.Higgins:...............................................................70
2. Deputy M. Tadier :...................................................................70
3. Deputy T.M.Pitman:................................................................70
4. Deputy M.R.Higgins:...............................................................71

17. Deputy T.M. Pitman of the Attorney General regarding independent forensic testing of disputed statements and documents: ....................................................71 Mr. T.J. Le Cocq Q.C., H.M. Attorney General: ..............................................71

1. Deputy T.M.Pitman:................................................................71
2. Deputy T.M.Pitman:................................................................72
3. Deputy T.M.Pitman:................................................................72
4. Deputy T.M.Pitman:................................................................72
5. Deputy T.M.Pitman:................................................................73

4. Questions to Ministers without notice - The Minister for Education, Sport and Culture...................................................................................73

1. Deputy J.M. Maçon of St. Saviour:.....................................................73 Deputy P.J.D. Ryan of St. John (The Minister for Education, Sport and Culture):............73
2. Deputy G.P. Southern :..................................................................73

4.2.1 Deputy G.P. Southern :..................................................................74

3. Deputy M. Tadier :......................................................................74

4.3.1 Deputy M. Tadier :......................................................................74

4. Deputy J.M. Maçon:....................................................................74
5. Senator S.C. Ferguson:.................................................................75

4.5.1 Senator S.C. Ferguson:.................................................................75

6. The Deputy of St. Martin:..............................................................75
7. The Connétable of St. John:............................................................76

1. The Connétable of St. John:............................................................76
2. The Connétable of St. John:............................................................76

8. The Deputy of St. Martin:..............................................................76
9. Deputy J.M. Maçon:....................................................................77

5. Questions to Ministers without notice - The Minister for Health and Social Services 77

1. Senator S.C. Ferguson:.................................................................77 The Deputy of Trinity (The Minister for Health and Social Services):........................77
2. The Deputy of St. Peter : ................................................................77

5.2.1 The Deputy of St. Peter : ................................................................78

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

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

4. Deputy R.G. Le Hérissier: ..............................................................78

5.4.1 Deputy R.G. Le Hérissier: ..............................................................79

5. Deputy J.A. Hilton:.....................................................................79
6. The Connétable of St. Lawrence:.......................................................79

5.6.1 The Connétable of St. Lawrence:.......................................................79

7. Deputy T.M.Pitman:...................................................................80

5.7.1 Deputy T.M. Pitman:...................................................................80

8. Deputy M.R.Higgins:..................................................................80
9. Deputy J.M. Maçon:....................................................................80

10. Deputy J.H. Young:....................................................................81

STATEMENT ON A MATTER OF OFFICIAL RESPONSIBILITY.........................81

6. Chairman of the Corporate Services Population and Migration Sub-Panel will make a statement on the Sub-Panel's recent review............................................81

6.1 Deputy S. Power of St. Brelade (Chairman, Corporate Services Population Migration Sub-Panel):.............................................................................81

1. Deputy J.M. Maçon:....................................................................82
2. Deputy R.G. Le Hérissier: ..............................................................82
3. Deputy R.G. Le Hérissier: ..............................................................83
4. Senator A. Breckon: ....................................................................83
5. Deputy M. Tadier :......................................................................83
6. Deputy J.H. Young:....................................................................83
7. Senator P.F. Routier: ...................................................................84

PUBLIC BUSINESS.............................................................................84

7. Police Station Relocation: review of decision (as amended) (P.92/2012)...............84

7.1 Deputy J.A. Martin of St. Helier:.......................................................84

LUNCHEON ADJOURNMENT PROPOSED..................................................89 LUNCHEON ADJOURNMENT................................................................89

Deputy J.A. Martin:..........................................................................90

1. Deputy E.J. Noel: ......................................................................92
2. The Connétable of St. Helier:...........................................................97
3. Deputy R.C. Duhamel: .................................................................99
4. Connétable M.P.S. Le Troquer of St. Martin:...........................................99

5. Connétable J. Gallichan of St. Mary : ..................................................105
6. Deputy K.C. Lewis :...................................................................106
7. Deputy G.P. Southern :................................................................108
8. Deputy J.H. Young:...................................................................109
9. Senator P.F.C. Ozouf :.................................................................112
10. Deputy A.K.F. Green of St. Helier : ................................................113
11. Deputy M.R.Higgins:..............................................................114
12. Connétable S.A. Rennard of St.Saviour:...........................................114
13. The Deputy of St. Martin : ..........................................................115
14. Deputy J.A.N. Le Fondré: ..........................................................116

ADJOURNMENT..............................................................................127

[9:30]

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

COMMUNICATIONS BY THE PRESIDING OFFICER

1. The Deputy Bailiff :

On behalf of all the Members I am pleased to welcome His Excellency, the Lieutenant Governor. [Approbation] There is nothing else under A.

[9:45]

QUESTIONS

2. Written Questions

2.1.  DEPUTY T.M. PITMAN OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING ALLEGATIONS IN RESPECT OF THE HISTORIC CHILD ABUSE INVESTIGATIONS:

Question

Can the Minister inform members whether, in the early stages of the historic child abuse investigation, both a current States Member and an individual still employed by the States and himself facing a number of allegation relating to abuse, went to Haut de la Garenne and attempted to gain access past the Police cordon stating that they needed to collect/remove personal material?

Answer

The States of Jersey Police have no formal record of any such visit by either party and with the passage of time, there is no-one still serving within the States of Jersey Police who is able to confirm that any such visit took place.

However, I am aware that Deputy Kevin Lewis was very familiar with the building because of the time that he had spent there during the production of the Bergerac series. The premises were used for the Bergerac series for about 7 years after they had ceased to be used as a Children's Home.

When mention was made in the press of a large bath on the premises, he contacted the States of Jersey Police in order to offer them assistance. His offer was accepted and he met the then Deputy Chief Officer Harper and, without entering the building, showed him from the outside the area where the bath was situated.

I am also aware that one ex-officer has a recollection of a suspect turning up at Haut de la Garenne, as did other parties throughout the early stages of the Haut de la Garenne part of the investigation, but that no attempt was made by the suspect to enter the site.

2. DEPUTY S.S.P.A. POWER OF ST. BRELADE OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE PAYMENT METHODS OFFERED TO THE PUBLIC BY STATES OWNED UTILITY COMPANIES: Question

Could the Minister as representative of the shareholder, list the payment methods offered to the public by States owned utility companies for monthly or quarterly billing so that it is easy to identify those unable or unwilling to accept cheque payments?

Answer

Presently all States-owned utilities accept payment by cheque but JT propose a change as explained below.

The tables below show the methods of payment, which are currently accepted, and how payments can be made to JT, Jersey Water, JEC and Jersey Post.

1. Cheques are not accepted for sales over the counter however Jersey Post continue to accept cheques from some companies and have agreed limits which vary from customer to customer.
2. Cheques are currently accepted however JT has proposed that payment by cheque will be withdrawn from the second quarter of 2013.

The four Utilities are commercial businesses and some encourage customers to use electronic payment methods. Like many retailers, JEC offers discounts to customers who pay electronically.

JT  has  given presentations  to  various  user  groups  about the  planned  withdrawal of  cheques, including Age Concern, and further communication is planned.

JT have also partnered with Payzone, which will give customers the option to pay in person by cash, card or cheque. JT's decision to implement Payzone bill payments was taken with elderly residents in mind.

3. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE NUMBER OF FOOT AMPUTATIONS IN JERSEY IN THE LAST TWO CALENDER YEARS ASSOCIATED WITH DIABETES:

Question

Would the Minister state the number of foot amputations, if any, that have taken place in Jersey in the last two calendar years as a result of complications arising from diabetes and what procedures are in place to avoid amputations?

Answer

Nine patients with diabetes have had toe or lower leg amputations over the last two year period. Without scrutinising individual patient notes it cannot be known whether the procedure was due to complications related to their diabetes or not.

There are several services in place to help prevent complications related to diabetes and thus help avoid amputation including:

• Dietetic service - to help patients understand how they can improve their diet to assist with weight loss and control of their diabetes
• Specialist nurse education - to ensure patients are aware that they are at greater risk of damaging their feet and that they may take longer to heal from any injury
• Regular diabetes follow-up - the frequency of which will depend on the individual's need and level of control
• Chiropody - advice on how maintain healthy feet and to assisting, where appropriate, with nail cutting which can be a cause of foot injury
• Podiatry - for patients with specific problems, with some patients being seen weekly if they have developed ulcers. The aim is to encourage healing, prevent infection and deterioration, which could lead to amputation

4. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE REVOCATION OF BULK' LICENCES FOR EMPLOYMENT:

Question

What targets, if any, are in place for 2013 to speed up the revocation of bulk' licences for employment and could the Minister identify the numerical reductions planned and the sectors to which they apply?

Answer

The new Control of Housing and Work (Jersey) Law, 2012 - which will significantly improve the ability to vary licences for local employment - is the responsibility of the Chief Minister. It is not therefore for the Economic Development Minister to set targets in relation to the new Law.

However, I take a view, with colleagues on the Migration Advisory Group, including the Assistant Chief Minister as Chair, that underutilised non locally qualified licence capacity should be significantly reduced in 2013 to near to nil. It is therefore vitally important that the new Control of Housing and Work (Jersey) Law, 2012, is brought into effect as soon as possible.

At the same time, it is not appropriate to set firm targets for the total number of non-locally qualified licences, as each case should be considered on its own merits, reflecting the different constraints faced by each business in its endeavours to find suitable staff.

Indeed, we must remember that local employment is created and safeguarded by private businesses, and it is not in our interests to act in a manner that is detrimental to those businesses. Under the Economic Growth and Diversification Strategy, the focus of Economic Development Department's activity is to establish and support high value, high growth businesses. As such it is important that there is the flexibility to allow the Migration Advisory Group to allocate licences where necessary to attract the necessary skills to enable these businesses to deliver employment growth for locally qualified people.

5. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR SOCIAL SECURITY REGARDING INCOME SUPPORT CLAIMANTS PURSUING FURTHER AND HIGHER EDUCATION RATHER THAN IMMEDIATELY SEEKING EMPLOYMENT:

Question

Would the Minister identify the circumstances in which the Department would award Income Support to claimants who seek to enhance their job opportunities through the pursuit of further and higher education rather than by immediately seeking employment?

Answer

As students reach compulsory school leaving age they are faced with a number of options - they can immediately seek employment, they can combine employment with further training through an apprenticeship, or they can remain in the education system, pursuing qualifications either through further or higher education.

When young people in Income Support households reach compulsory school leaving age they become subject to the employment conditions included within the Income Support law. These state that all adults should be engaged in full-time remunerative work unless they fall within one of a limited number of exceptions.

One of those exceptions relates to approved full-time education or training. Any young person who remains in full time post compulsory education up to the age of 19 is automatically exempted from the employment condition. These young adults are normally included within the Income Support household of their parents. Young adults can also make claims in their own right in specific situations, for example, young people with disabilities and care leavers.

For young people who choose to seek employment immediately but do not find a job straight away, the Advance to Work scheme provides both support and work-related training to help them enhance their job opportunities. A jobseeker aged under 19 participating in Advance to Work will be included in the Income Support household of their parents with exceptions, as above, for young people who need support in their own right.

If a young person chooses to enter higher education, they will continue to be included within the Income Support household of their parents (up to a maximum age of 25). During any period of higher education, the family will continue to be entitled to accommodation and household components based on the family size including the student. The living component for the student is not available during term time (whilst the student is receiving a grant from the Education, Sport and Culture Department). However the student can apply for a living component to be included in the parents' claim if they are resident in Jersey during university holidays and are fulfilling the normal job seeking requirements. Again, some young people will be entitled to support in their own right during vacations.

6. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE INTRODUCTION OF A FINANCIAL OMBUDSMAN:

Question

Would the Minister advise the Assembly on progress to date in introducing the Office of Financial Ombudsman and state the date by which he expects to have the Office in place?

Answer

A Financial Ombudsman service is one of the areas where it is highly beneficial for Jersey and Guernsey to work together in order to deliver best value for money and ensure a consistent approach across jurisdictions. As such, we are working towards establishing a Channel Islands Financial Services Ombudsman.

The current position is as follows:

- A consultation exercise was carried out with the industry in 2011, followed by a finance industry working party being established to consider funding models;

- The Jersey law is now in the final stages of drafting and is currently being amended to encompass the pan-Channel Island nature of the Scheme; and

- Several meetings have been held with officers in Guernsey and significant progress has been made in ensuring that parity with regard to jurisdiction, scope, funding, and retrospection, so as to avoid potential arbitrage, is maintained between the two Bailiwicks.

The aim is for both Islands to submit legislation for consideration during 2013 with a pan-Channel Islands Financial Services Ombudsman Scheme becoming operational in early 2014.

7. DEPUTY T.M. PITMAN OF ST. HELIER OF H.M. ATTORNEY GENERAL REGARDING PRIVATE PROSECUTIONS:

Question

Will H.M. Attorney General clarify whether or not there has ever been a private prosecution in Jersey's history; if so, when and what this involved and where can the details be found; further still, where is the law written that still currently excludes private prosecutions and when and why was this implemented?

Answer

There are no private prosecutions in Jersey. They are not a part of Jersey Law.

In the case of the Att.Gen. v Devonshire Hotel Ltd (1987-88 JLR 588-589) the Court said:

"The position of the Attorney General in relation to the prosecution of offences is very succinctly put by Charles Le Quesne in "A Constitutional History of Jersey" at 23 (1856):

"He [the Procureur] is, from his Office, Public Prosecutor. No individual is allowed to prosecute for crime, except the Attorney General, on behalf of the Crown. All reports of the police to the Royal Court are to be presented through him, and the accusations against prisoners, in consequence of those written reports, are brought forward by him. He is often consulted by the police in matters of difficulty, and they are guided by his instructions He is the upholder of public order, and can prosecute for all crimes and misdemeanours."

An Order in Council of 23rd November, 1749, confirmed by a further Order of 31st October, 1751, declares that "the Procureur is the Superior Officer [as between himself and the King's Advocate] and the proper person to commence and carry on all criminal prosecutions ". The Order also recognises that the Procureur has a common law right to enter a noli prosequi in certain cases."

Article 6 of the Loi (1864) réglant la procedure criminelle, provides that all cases take place in the name of the Attorney General.

Unlike in England and Wales private prosecutions are not a part of Jersey law. In England and Wales, however, the Director of Public Prosecutions has the power under Section 6(2) of the Prosecution of Offences Act 1985 to take over the conduct of any private prosecution and to proceed with it or withdraw it.

8. DEPUTY T.M. PITMAN OF ST. HELIER OF H.M. ATTORNEY GENERAL REGARDING MISCARRIAGES OF JUSTICE IN JERSEY:

Question

Has there ever been recorded an acknowledged miscarriage of justice (the conviction and punishment of a person for a crime they did not commit) in Jersey; and if so, when did this take place and what did it involve?

Answer

The Law Officers' Department is not in a position to conduct historical research and accordingly the Attorney General is not in a position to answer this question.

It is assumed that the question is not intended to refer to cases in which conviction or sentence has been overturned on appeal.

Whilst the Attorney General is not aware of any "acknowledged miscarriage of justice" as defined in the question any conviction is subject to rights of appeal to a higher court and, for a conviction in the Royal Court, to the provisions of Articles 26 and 43 of the Court of Appeal (Jersey) Law 1961 the full terms of which may be found online.

9. DEPUTY T.M. PITMAN OF ST. HELIER OF THE CHAIRMAN OF THE PRIVILEGES AND PROCEDURES COMMITTEE REGARDING THE CONTENT OF THE INFORMATION TO ACCOMPANY THE REFERENDUM PUBLICITY:

Question

Given that the Electoral Commission stated in its final Report that if Option B was ever implemented the consequence would be greater inequality of representation for urban parishes, will the Committee be ensuring that this reality is made clear to all Islanders within information accompanying the referendum publicity?

Answer

The Committee has commissioned a voter registration campaign to encourage eligible voters to register (the closing date for registration being 3rd April) and, importantly, to use their vote on 24th April. As part of that campaign, the Committee will draw attention to the Electoral Commission's final report. The Committee will also endeavour to highlight the existence of formal campaign groups.

PPC does not intend to publish its collective view on the relative advantages and disadvantages of options A, B and C. It expects instead that public debate on the referendum question and the Commission's final report will be fuelled by the establishment of formal campaign groups, which may choose to engage with the public on the question of equality of representation.

10. DEPUTY T.M. PITMAN OF ST. HELIER OF THE CHAIRMAN OF COMITÉ DES CONNÉTABLES REGARDING INFORMING ISLANDERS OF THE IMPACT OF THE REFERENDUM ON URBAN PARISH REPRESENTATION:

Question

Given that the Electoral Commission stated in its final Report that if Option B was ever implemented the consequence would be greater inequality of representation for urban parishes, will the Comité des Connétable s be ensuring that this reality is made clear to all Parishioners prior to the referendum in order that people may make an informed vote for cross-island equality?

Answer

No, the Comité des Connétable s will be playing no part in the promotion of any option for reform. Whilst individual Connétable s hold different views on the reform options and will no doubt promote those as they see fit; the States decided that it was not appropriate to involve the Connétable s in the organisation of the referendum and so neither do we consider it appropriate for the Comité des Connétable s to take an active rôle.

That said, it is important that all parishioners are fully aware of the implications for the Island's government of each of the options so that they may make an informed choice when they vote and we expect the groups campaigning for the different options to ensure the full information is provided.

The Commission stated that Islanders will have to indicate whether or not the automatic right of the Constable to sit in the States is of greater importance than achieving equal representation for every voter. The Commission also made clear that if Constables were not members of the States and wished to stand for election as a Deputy that they would sit in the States as a Deputy for that district to represent the district and not their own parish. Parishioners must therefore decide if each parish should have its Constable in the States to ensure it is represented effectively and to provide the "joined up government" which the States have been promoting for a number of years.

Ultimately we must ensure the format of the States Assembly provides an effective government for this Island.

11. DEPUTY T.M. PITMAN OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING THE BASIS FOR REFUTING THAT AN EAST EUROPEAN SEX RING WAS OPERATING WITHIN THE ISLAND:

Question

On what evidence have the police based their statement that no East European sex ring has been operating within the Island?

Answer

The term East European Sex Ring was written as part of the graffiti on the wall, which started this investigation.

The statement issued by the States of Jersey Police reads as follows:

"During the investigation into the graffiti on the sea wall at St Aubin no evidence was found to suggest any of the allegations made were true. A number of individuals were spoken to, including the people named in the writing. Some of those people identified as being involved in this supposed "sex ring" no longer reside in Jersey and haven't done for a number of years.

Due to there being no indication that these allegations are true the incident is being investigated as an act of malicious damage.

No one has been charged in relation to this incident.

However, if new evidence came to light we would investigate thoroughly."

The States of Jersey Police have not to date found any evidence of an Eastern European Sex Ring operating in Jersey.

12. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING JERSEY TELECOM'S ACCEPTANCE OF CHEQUES:

Question

Further to his statement during recent questions that Jersey Telecom's acceptance (or otherwise) of cheques was a matter for the Board', would the Minister, as the shareholder representative, ensure that the Board continues to accept cheques for the foreseeable future so as not to inconvenience elderly residents who would need to make journeys with cash to pay their telephone account?

Answer

JT has advised that for any elderly residents who are concerned about travelling with cash, JT is able to accept card payment over the phone.

JT also offer Internet Banking, Direct Debit and continuous credit or debit card payments to provide customers with more choice and flexibility.

JT's decision to withdraw cheques as a payment method comes following a considerable decline in their use. More than 90% of their customers choose other payment methods and as the administration of cheques is costly, JT believe by making these efficiencies they can pass on benefits to their customers.

JT have also recently partnered with Payzone, which allows bill payment and Top-Up facilities across Jersey. JT's decision to introduce Payzone bill payments was taken with elderly residents in mind. Customers will be able to pay by cash, card or cheque in person at local retailers throughout the island.

As part of on-going support JT are offering to help customers who pay by cheque to set up monthly Direct Debit and they will send out information with bills on how and where customers can pay. To help those groups who would be most affected by this change, JT are working closely with Age Concern to inform its members about the removal of cheques and the many alternative payment options available to them.

13. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE INVESTIGATION OFLOCAL FUEL SUPPLIES BY THE JERSEY COMPETITION REGULATORY AUTHORITY: Question

Would the Minister advise:

1. whether he has studied the reporton local fuel supplies by the Jersey Competition Regulatory Authority (JCRA) and, if so, whether he was satisfied with its conclusions;

2. what involvement, if any, he has had regarding the recent threat of Super Unleaded discontinuation and, if so, what he intends doing about it;
3. ofthe nature ofthe lease that the States have withthe consortium, including what precisely the States own at the fuel farm; and,
4. whether there is an increasing lack of competition in Jersey's fuel supply and, if so, whether he is working with the JCRA to resolve it and what possible solutions are envisaged?

Answer

1. I have studied the report on local fuel supplies conducted by the JCRA; and I am satisfied with its conclusions.
2. EDD officers facilitated a meeting with the JCRA, the Transport and Technical Services Department and the fuel suppliers on 14thFebruary 2013, the notes of which have been

circulated to all Members. A meeting has been arranged for Friday 8th March at 3pm to allow the fuel suppliers to provide States Members with a detailed briefing. c)  The Public entered into a 10-year ground lease on 22nd June 2007 with Shell (U.K.) Limited and Esso Petroleum Company Limited for the site known as LC03 Fuel Storage Site' at La Collette. On 26th July 2009, the Public agreed to an assignment of the lease from Shell (U.K.) Limited to La Collette Terminal Limited. Jersey Property Holdings, representing the Public, is in discussion to consider renewal of the current site lease that expires on 31st January 2016. The Public does not own any of the operational plant and equipment on the site.

d)  The JCRA is not aware of evidence that would suggest an increasing lack of competition in Jersey's fuel supply'. In fact, there appears to have been a significant increase in price competition at the retail level following the introduction of regulations requiring forecourts to display prices at the roadside (the Draft Price Indicators (Amendment) (Jersey) Regulations 2012). The regulations were passed by the States Assembly in November 2011 and came into effect in September 2012, following recommendations from the JCRA. It is notable that the States Statistics Unit identified a material reduction in the price of motor fuel in the December round of the RPI: on a quarterly basis, petrol and diesel prices were down by 10p and 6p per litre, respectively, in Jersey compared with down by 6p and 3p per litre, respectively, in the UK.

There has been no change in the number of importers or distributors of road fuel in Jersey in recent times. Rubis lodged an application with the JCRA in November 2012 for approval of its proposed acquisition of Esso's share in La Collette Terminal Limited, and it is understood that the JCRA has received a significant number of responses to the public consultation on that application.

The JCRA's investigation of that proposed acquisition is continuing, and currently it is waiting for further information from the parties. It may conduct further public consultation on this proposed acquisition.

I should clarify that the JCRA is an independent body, conducting its functions under the Competition (Jersey) Law 2005, and the Minister plays no direct role in its investigations.

14. DEPUTY J.H. YOUNG OF ST. BRELADE OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE GRANTING OF PLANNING PERMISSIONS INCONSISTENT WITH THE ISLAND PLAN 2011:

Question

Will the Minister advise the Assembly whether he has granted planning permissions, or such permissions have been made under his delegated authority, in accordance with Article 19(3) of the Planning and Building (Jersey) Law 2002, which permits development which is inconsistent with the Island Plan 2011, and, if so, would he provide details of each application and state his reason for allowing permission inconsistent with the Island Plan 2011in each case?

Answer

Whether a development is inconsistent with the Island Plan is usually a matter of interpretation. As with all such matters, it depends on an individual's own perception of the development. Many developments might be regarded as compliant with the Island Plan by the Minister, but others may disagree.

Equally, most schemes will bring several policies of the Plan into play. Planning judgement is exercised by the Minister and his delegates by arriving at a balanced consideration of those policies, some of which may support and some of which may not support a particular scheme.

Whilst the Department does hold information (in the form of its officer's reports) on such policy interpretations, to answer the Deputy 's question would necessitate the publication of all such reports. This is regarded as an unnecessary and unwieldy action, when all such reports are already published on the Department's website and available for all to see.

15. DEPUTY J.H. YOUNG OF ST. BRELADE OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE PERFORMANCE OF THE PLANNING DEPARTMENT IN PROCESSING PLANNING AND BUILDING APPLICATIONS SINCE 2010:

Question

Will the Minister provide the following information of the performance of the Planning Department in processing planning and building applications since annual performance figures were last published by the Comptroller and Auditor General in 2010, such figures to include the following information –

1. the number of planning and building applications determined;
2. the number of applications approved;
3. the number of applications rejected;
4. the number of applications withdrawn;
5. the number of applications for which decisions were outstanding at year end;

6. the number of applications determined within 8 weeks;
7. the number of applications determined within 13 weeks;
8. the average time taken to determine applications; and,
9. the number of requests for reconsideration?

Answer

1. the number of planning and building applications determined; Planning 2011, 1,512

Planning 2012, 1,566

Building 2011, 1,092

Building 2012, 1,145

2. the number of applications approved; Planning 2011, 1,224

Planning 2012, 1,249

Building 2011, 1,079

Building 2012, 1,140

3. the number of applications rejected; Planning 2011, 236

Planning 2012, 254

Building 2011, 2

Building 2012, 0

4. the number of applications withdrawn; Planning 2011, 52

Planning 2012, 63

Building 2011, 11

Building 2012, 5

5. the number of applications for which decisions were outstanding at year end; Planning 2011, 382

Planning 2012, 199

Building 2011, 15

Building 2012, 52

6. the number of applications determined within 8 weeks; Planning 2011, 191

Planning 2012, 851

A five week target is set for processing building applications. In 2011 98.5% of applications were dealt with in 5 weeks or less. In 2012 it was 99.5%. In the cases where the target was missed this was by less than 6 days.

7. the number of applications determined within 13 weeks;

Planning 2011, 917* Planning 2012, 396*

*Figures given for planning are for decisions taken between 8 and 13 weeks, to avoid double-counting with the answer given to (f) above.

For Building Control, please refer to the answer given in (f) above

8. the average time taken to determine applications; Planning 2011, 123 days

Planning 2012, 102 days

Building Control: Figures for average times are not recorded. However, it is estimated that for any given 12 month period, the average time to determine building applications is considerably less than five weeks.

9. the number of requests for reconsideration? Planning 2011, 92

Planning 2012, 78

This service is not extended to building applications.

16. DEPUTY J.H. YOUNG OF ST. BRELADE OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE DIRECT COSTS INCURRED BYTHE PLANNING  DEPARTMENT  IN  PROCESSING  PLANNING  AND  BUILDING APPLICATIONS DURING 2012:

Question

Will  the  Minister  detail  the  direct  costs  incurred  by  the  Planning  Department  in  processing Planning and Building applications respectively during 2012, such costs to include the staffing of each of the Development Control and Building Control teams  dealing  with  applications, together with an attributable share of administrative overheads, but excluding costs associated with other departmental cost centres?

Answer

Note:

The figures above do not include the cost of Legal Searches, Policy and Projects, Historic Buildings and Mapping, as these are not regarded as direct costs incurred in processing Planning and Building applications.

17. DEPUTY J.H. YOUNG OF ST. BRELADE OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE  TOTAL INCOME RECEIVED FROM PLANNING AND BUILDING APPLICATION FEES RESPECTIVELY, FOR EACH OF THE LAST FIVE YEARS TO 2012:

Question

Will the Minister advise the total income received from planning and building application fees respectively, for each of the last five years to 2012 and provide detailed information of the planning and building fees received during 2012 including:

1. the number of individual applications falling within each categoryof fee defined under the Planning and Building (Fees) (Jersey) Order 2008;
2. the total income received in respect of each fee category;
3. the maximum and minimum fees charged within each fee category;
4. the amount of refund of fees made to applicants; and,
5. the number fees which were waived and the reasons for waiver?

Answer

The income received from planning and building applications fees for the period 2008 to 2012 is as follows:

To provide the detailed information (a to e) requested requires several hours of detailed work and I will provide the answer to Members as soon as possible.

18. DEPUTY  G.P.  SOUTHERN  OF  ST.  HELIER OF THE  CHIEF  MINISTER REGARDING THE MODERNISATION  REVIEW  OF PUBLIC  SECTOR  TERMS AND CONDITIONS:

Question

Will the Chief Minister –

1. inform members what the 70 policy issues to be covered by the modernisation review of public sector terms and conditions will be?
2. outline the process to be used and the projected timescale over which these issues are to be agreed with employee representatives?
3. state whether employee representatives will be allowed time away from work to contribute to the process and, if not, why?
4. identify which of these issues are contractual and therefore requiring negotiation and agreement with publicsector representatives, and which are employer policies andcan be  imposed after consultation?
5. agree to share the legal advice with employee representatives regarding the extent to which these issues are contractual?
6. inform members of the extent, if any, of the involvement of Atos in this process?
7. state whether there is a target for savings to be achieved from this process, and, if so, what that is?

Answer

The Employer met on 21 February with a combined Trade Union Group including the main Paygroups (Teachers, Nurses, Manual Workers, and Civil Servants) to explain the processes and timetables that the Employer hopes to use, working in partnership with Trade Union Colleagues, to reshape the States of Jersey policy framework. The meeting was advised of the content below and I am pleased to share it with States Members.

1. The review will address the following policies:

2. The process to be followed is shown in the table below:

(N.B As stated above, this process has already been shared with TUs and is subject to review depending on the progress of consultations)

3. Employee representatives are allowed time away fromworkto participate in the consultative process wherever possible.

4. & e) Legal advice is currently being sought regarding the contractual status of each ofthe policies and this information will be shared with TU representatives as part of the consultation process. This advice will also clarify which are employer policies and can therefore be implemented after consultation.

6. Atos have not been involved in this process.
7. At present, no savings target has been assigned for the policies review process. The purpose ofthe review is to ensure the States of Jersey has in place a consistent, sustainable policy framework which encompasses good practice and has a regard  for the future legislative direction of the Island in support of public sector reform.

19. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE FINALISATION OF A SET OF PRINCIPLES BASED ON THE UK TRANSFER OF UNDERTAKINGS (TUPE) LEGISLATION:

Question

Will the Chief Minister report what progress, if any, has been made towards finalising a set of principles "as good or better than" the UK Transfer of Undertakings (TUPE) legislation to be applied to transfers of undertakings in Jersey promised for the end of 2012 and, if not, why not?

Does he accept that the presence of TUPE style legislation would have enabled a smooth transfer of staff from Connex to CT Plus on "the same terms and conditions as apply at the date of issue of any tender documentation" as agreed by the Environment and Public Services Committee on 30th August 2005, in its response to the Committee of Inquiry into the award of the bus services contract and, if so, will he act promptly to bring forward TUPE style proposals as a matter of some urgency to prevent such difficulties following transfer of undertakings in the future?

Answer

Deputy Southern will recall from his meeting with the States Employment Board (SEB) in September last year about TUPE style legislation, that Officials are working to develop a Code of Conduct that the Public Service will use when or if such transfers are considered.

He will also recall that a joint (Employer /TU) working party, led by the CEO Ports of Jersey is looking at the issues of staff transfer from States of Jersey to a States owned entity as part of the planning for Ports Incorporation. The dialogues in this working party are a live, practical example informing the development of the Code. The progress on this issue is on the agenda of the meeting of the SEB on 22nd March 2013. I would be happy to update Deputy Southern after that meeting.

I cannot accept that TUPE style legislation would have helped in the scenario with the bus drivers, as the dispute was over working practices and not core contractual terms and conditions.

20. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE PROVISION OF A BREAKDOWN OF NON- LOCALLY QUALIFIED LICENCES AS AT THE END OF 2009:

Question

Will the Minister expand on his answer to question 7447 of 19th February 2013, by providing a breakdown by sector of the 9,100 non-locally qualified licences referred to, as at the end of 2009?

Answer

21. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDINGTHENUMBEROFMIDDLEGRADEAND SENIOR DOCTORS WHO HAD LEFT THE SERVICE OVER RECENT MONTHS:

Question

Will the Minister provide details of how many middle grade and senior doctors have left the service over recent months along with their stated reasons for doing so, indicating in which area they specialised?

Will she further inform members what arrangements, if any, are in place to ensure the continued delivery of these services, along with the number of locums employed?

Answer

Middle Grades and Consultants who have left (or are leaving imminently) since December 2012.

Middle Grade and Consultants who have provided notice of intention to leave but have not yet left.

22. DEPUTY  G.P.  SOUTHERN  OF  ST. HELIER  OF THE  CHIEF  MINISTER REGARDING THE INTEGRATED REWARD FRAMEWORK TO RESOLVE THE STRUCTURAL  INEQUALITY  BETWEEN  NURSES  AND  OTHER  HEALTH PROFESSIONALS:

Question

Will the Chief Minister provide details of the integrated reward framework to resolve the structural inequality between nurses and other health professionals, referred to in his answer to question 7446 on 19th February 2013, and, in particular, advise how much this framework might cost and in what timeframe it can be delivered?

Answer

The integrated reward framework will be designed to provide equal pay for work of equal value by introducing harmonised terms and conditions for States of Jersey Healthcare employees (Nurses, Midwives, Civil Service allied health professionals such as Physiotherapists, Porters, Health Care Assistants etc.). A single pay structure will provide employees with rates of basic pay that are managed through a fair job evaluation and pay management system that will also include incremental progression based on competency development, contribution and performance.

Building on the equal pay for work of equal value review undertaken in 2012 with our Trade Union colleagues, we are currently planning the workforce modernisation of Health and Social Services. Accordingly, the cost of the new reward framework will only be crystallised when we have designed the final reward structure and negotiated the assimilation of employees.

Bearing in mind the complexity of the existing employment conditions of pay groups that deliver Healthcare in Jersey, with full Trade Union partnership and the appropriate injection and allocation of resources, a new reward  framework for Health and Social Services will  be deliverable by December 2014.

23. DEPUTY J.H. YOUNG OF ST. BRELADE OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDINGTHEFUTUREOFTHEEXPLORER' BUS SERVICE:

Question

Will the Minister provide details of the frequency of service and number of passengers carried by each of the "Explorer" buses during the summer of 2012 by the former bus operator and advise whether an equivalent standard of service will be provided to the same key locations by the new operator CT Plus for the summer of 2013 and, if so, will he provide details?

Answer

During the summer of 2012, three Explorer bus services were operated:

• Blue, serving the south and west of the Island
• Green, serving the east of the Island
• Red, serving St Peter's Valley and the north

The summer timetable was in effect for the period 27 May to 29 September 2012. The above services operated daily as follows:

• Blue, seven departures between 09:50 and 15:50
• Green, nine departures between 09:30 and 15:30
• Red, twelve departures between 10:00 and 16:00 (three of which were short workings to Living Legend)

Recorded  passenger  numbers on these  bus services during this  period can  be  summarised as follows:

Purely to provide context, recorded passenger numbers on service 15 (the busiest bus route) during the same period were:

It  can  be  seen that the combined Explorer  service  carried approximately  half the  number of passengers as the 15.  The Explorer service as a standalone group of routes has never reached its full potential.  It has previously required a duplication of resources that was often inefficient. LibertyBus feel that it may be possible to allocate these in a more structured way to improve the service for everybody.

For the summer 2013, which is scheduled to commence on 26 May and run until the end of September, it is planned to allocate the equivalent driver and vehicle resources that in previous years  were  required  to  operate  the  Explorer  services onto  other,  parallel  routes  so  that  key passenger destinations (including the main tourist destinations) have at least as good a level of service as in 2012, if not better.

By way of an example, the 12, 12A, 14 and Blue Explorer services which in summer 2012 each ran once or twice an hour presented a confusing range of services to similar locations, with some journeys running practically empty and others heavily overloaded. These would ideally be replaced by a simpler, easier-to-promote trunk route with a high frequency core section, and suitably-timed variations/route extensions to additional destinations.

Simplifying  the  core  network  will  allow  LibertyBus  to  focus  on  marketing  the  journey opportunities  possible  on  the  standard  network,  rather  than  maintaining  separate  standalone networks for visitors and locals.  This will allow more scope to replace the established and rather limited range of tickets with some much more suitable products that will encourage and allow the locals and visitors to get the best out of the bus network. LibertyBus who under the new contract bear the revenue risk will take the lead in this area.

The bus service is the Island's and so the final form the timetable takes will be dependant upon the response from the public and businesses to the summer timetable consultation in April. To allow informed discussion during the consultation, work on outline  summer timetables  has recently begun, with the goal in many cases of enhancing frequencies. However at this time and until the April consultation has been undertaken, it is not possible to meaningfully provide the level of detail requested for summer 2013.

While this does not directly relate to summer timetables, further to the above and in the interests of transparency, during 2012 the Explorer services also operated daily during a shoulder period' of 7 April to 26 May 2012:

• Blue, seven departures between 09:50 and 15:50
• Green, nine departures between 09:30 and 15:30
• Red, nine departures between 10:00 and 16:00 (without the summer-only short workings to Living Legend)

And also at weekends and during school holidays between 6 October and 4 November 2012:

• Red, nine departures between 10:00 and 16:00 (without the summer-only short workings to Living Legend)

Passenger numbers during these shoulder periods' were:

It can be seen that, compared to the peak summer period, passenger loadings during either side of the peak summer season were considerably lower.  The proposals for the Easter' timetable for 31 March to 26 May 2013 recognised this and proposed that services should be adjusted to match the needs of passengers.

Optimising the allocation of resources to ensure the most is made of the bus capacity available will allow improved shoulder period' service levels to be achieved elsewhere, where passenger demand is higher.  Any changes to be introduced will reflect the results of the consultation for the Easter timetable with both the public and businesses, which closed on 1 March 2013.  A timetable is at present being compiled on the basis of the comments received for approval and publication later in March.

While the 2013 Easter timetable will only operate for eight weeks, it is intended that the elevated shoulder period' services provided during this period will become the future norm for a new improved  Island  winter  service.  This  will  mean  for  the  first  time  all  core  routes  will  have meaningful services throughout the year, including Sundays, to the benefit of resident and visitor alike.

24. DEPUTY  M.R. HIGGINS  OF  ST.  HELIER OF THE  CHIEF  MINISTER REGARDING  THE  PROVISION  OF  A  DETAILED  CHRONOLOGY  OF ALL NEGOTIATIONS  AND  CORRESPONDENCE  WITH  THE  PUBLIC  SECTOR UNIONS IN DISPUTE WITH THE STATES OF JERSEY OVER THEIR PAY AND CONDITIONS:

Question

Will the Chief Minister produce, on behalf of the States Employment Board, a detailed chronology of all negotiations and correspondence with the Public Sector unions in dispute with the States of Jersey over their pay and conditions, setting out all offers, counter offers, clarifications and so on, in order that members can objectively assess the true position of the negotiations?

Answer

Given the time available to answer this question, the information in the table below focuses on the main meetings and correspondence in chronological order between the Employer and Public Sector unions/associations during the 2012/2013/2014 pay review to date.