States Meeting Transcript - 17th June 2014

STATES OF JERSEY OFFICIAL REPORT TUESDAY, 17th JUNE 2014

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

1. Welcome to His Excellency The Lieutenant Governor...................................8 The Bailiff :....................................................................................8
2. Greffier of the States – congratulations upon recognition in H.M. The Queen's Birthday Honours..................................................................................8 The Bailiff :....................................................................................8

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

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

1. DEPUTY J.A. MARTIN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING FREE PRESCRIPTIONS:..................................8
2. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE COMITÉ DES CONNÉTABLES REGARDING PARISH WELFARE PAYMENT IN THE LAST WHOLE YEAR THAT SYSTEM EXISTED:...........................................9
3. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE PRIVILEGES AND PROCEDURES COMMITTEE REGARDING FACILITIES FOR STATES MEMBERS:.............................................................................9
4. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE J.T. FIBRE BROADBAND SERVICE:..............................................................................10
5. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING A REVIEW BY THE REGULATOR OF J.T.s PROPOSED PRICE INCREASES: ...........................................12
6. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR SOCIAL SECURITY REGARDING INCOME SUPPORT PAYMENTS:.......................12
7. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING DATA PROTECTION SUBJECT ACCESS REQUESTS MADE TO THE STATES OF JERSEY POLICE:......................................13
8. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING APPLICATIONS FOR REGISTRATION CARDS UNDER THE NEW CONTROL OF HOUSING AND WORK (JERSEY) LAW 2012:......................................15
9. THE DEPUTY OF GROUVILLE OF THE MINISTER FOR SOCIAL SECURITY REGARDING SICKNESS BENEFIT ENTITLEMENT:...............................18

2.1 SENATOR S.C. FERGUSON OF THE CHIEF MINISTER REGARDING

MINISTERIAL DECISIONS IN 2014:.................................................20

11. SENATOR S.C. FERGUSON OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING MINISTERIAL DECISION IN 2014:...................22

12. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING VISITS TO SECONDARY SCHOOLS BY STATES MEMBERS:..................................................................25
13. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE CHAIRMAN OF THE COMITÉ DES CONNÉTABLES REGARDING UNOCCUPIED PROPERTIES IN THE ISLAND: .........................................................................29
14. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE DEFINITIONS USED TO ASSESS ALLEGATIONS OF ABUSE:..........................................................29
15. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE INCLUSION OF STATES-FUNDED FOSTER HOMES UNDER THE HISTORIC ABUSE REDRESS SCHEME:............................................31
16. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE NUMBER OF CASES OF SEXUAL ABUSE REPORTED TO THE CHILDREN'S SERVICE SINCE 1995:........................31
17. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE LOSS OF TAX FROM THE ZERO/TEN REGIME:..............................................................................33
18. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING STATUTORY REDUNDANCY PAYMENTS:...........34
19. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDIN THE GATEWAY TO SOCIAL HOUSING:............................................35

3. Oral Questions...........................................................................35

1. Deputy R.G. Le Hérissier of St. Saviour of the Chief Minister regarding the number of Serious Case Reviews initiated or completed in the last 2 years:........................35 Senator P.F. Routier (Assistant Chief Minister - rapporteur):.................................36

1. Deputy R.G. Le Hérissier: ..............................................................36
2. Deputy M.R. Higgins of St. Helier:.....................................................36
3. Deputy J.A. Hilton of St. Helier:........................................................36
4. Deputy J.G. Reed of St. Ouen:..........................................................37
5. The Deputy of St. Ouen:................................................................37

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

2. Connétable P.J. Rondel of St. John of the Assistant Chief Minister regarding the number of applications for registration cards under the Control of Housing and Work Law:....38 Senator P.F. Routier (Assistant Chief Minister - rapporteur):.................................38

1. The Connétable of St. John:............................................................38
2. Deputy G.P. Southern of St. Helier:....................................................39
3. Deputy J.H. Young of St. Brelade:......................................................40
4. The Connétable of St. John:............................................................40
5. The Connétable of St. John:............................................................40

3. Deputy G.C.L. Baudains of St. Clement of the Minister for Transport and Technical Services regarding the present roadworks at the Dicq: ..................................41 Deputy K.C. Lewis of St. Saviour (The Minister for Transport and Technical Services): .....41

1. Deputy G.C.L. Baudains:...............................................................41
2. Senator S.C. Ferguson:.................................................................41
3. Senator L.J. Farnham :..................................................................41
4. Senator L.J. Farnham :..................................................................42
5. Deputy G.C.L. Baudains:...............................................................42

4. Deputy S. Power of St. Brelade of the Minister for Home Affairs regarding the investigation into the fire at the former Plémont holiday camp on 4th January 2014: ...42 Senator B.I. Le Marquand (The Minister for Home Affairs): .................................43

1. Deputy S.Power:.......................................................................43
2. Deputy G.C.L. Baudains:...............................................................43
3. Deputy S.Power:.......................................................................43

5. Deputy G.P. Southern of the Minister for Social Security regarding the delivery of insolvency benefit to support those made redundant as a result of insolvency proceedings: ............................................................................44 Senator F. du H. Le Gresley (The Minister for Social Security): ..............................44

1. Deputy G.P. Southern :..................................................................44
2. Deputy G.P. Southern :..................................................................44

6. Deputy S.Y. Mézec of St. Helier of the Chief Minister regarding the cessation of the prosecution role of the Attorney General and the establishment of a separate prosecution service:.................................................................................45 Senator I.J. Gorst (The Chief Minister):......................................................45

1. Deputy S.Y. Mézec :....................................................................45
2. Deputy S.Y. Mézec :....................................................................45

7. Connétable D.W. Mezbourian of St. Lawrence of the Minister for Health and Social Services regarding travel subsidies or supplements available from Health and Social services for people with medical conditions who can no longer drive:..................46 Deputy A.E. Pryke of Trinity (The Minister for Health and Social Services):.................46

1. The Connétable of St. Lawrence:.......................................................46
2. Deputy M. Tadier ofSt.Brelade:.......................................................46

8. Deputy M.R. Higgins of the Minister for Home Affairs regarding the States of Jersey Police internet investigations into cyber bullying complaints:..........................47 Senator B.I. Le Marquand (The Minister for Home Affairs): .................................47

1. Deputy M.R.Higgins:..................................................................47
2. Deputy M.R.Higgins:..................................................................48

9. Senator S.C. Ferguson of the Minister for Planning and Environment regarding efforts to deal with Japanese Knotweed:..........................................................49 Deputy R.C. Duhamel of St. Saviour (The Minister for Planning and Environment):.........49

1. Senator S.C. Ferguson:.................................................................49
2. Deputy G.C.L. Baudains:...............................................................50
3. Deputy J.H. Young:....................................................................50
4. Senator S.C. Ferguson:.................................................................50
5. Senator S.C. Ferguson:.................................................................51

10. Deputy M. Tadier of the Minister for Social Security regarding changes to the Social security contributions cap to fund maternity leave: .....................................51 Senator F. du H. Le Gresley (The Minister for Social Security): ..............................51

1. Deputy M. Tadier :..................................................................51
2. Deputy J.H. Young:.................................................................52
3. Deputy S.Y. Mézec :.................................................................52
4. Deputy M. Tadier :..................................................................52

11. Deputy C.F. Labey of Grouville of the Minister for Transport and Technical Services regarding the retirement age for bus drivers:............................................53 Deputy K.C. Lewis (The Minister for Transport and Technical Services):....................53
12. Deputy S.Y. Mézec of the Minister for Home Affairs regarding the handling of offenders with mental illness and drug dependency:..............................................53 Senator B.I. Le Marquand (The Minister for Home Affairs): .................................53

1. Deputy S.Y. Mézec :.................................................................53
2. Deputy M.R.Higgins:...............................................................54
3. Deputy R.G. Le Hérissier: ..........................................................54
4. Deputy S.Y. Mézec :.................................................................55

13. Deputy G.C.L. Baudains of the Minister for Economic Development regarding the number of foot and vehicle passengers using Condor's Weymouth service in a full year: 55

Senator A.J.H. Maclean (The Minister for Economic Development):.........................55

1. Deputy G.C.L. Baudains:............................................................55
2. Deputy R.G. Le Hérissier: ..........................................................55
3. Deputy G.C.L. Baudains:............................................................56

14. The Connétable of St. John of the Minister for Economic Development regarding funding of the Jersey International Motoring Festival: ..................................56 Senator A.J.H. Maclean (The Minister for Economic Development):.........................56

1. The Connétable of St. John:.........................................................57
2. The Connétable of St. John:.........................................................57

15. Senator S.C. Ferguson of the H.M. Attorney General regarding the reimbursement of those defrauded by the principals in the Sunstone and De Lec case:....................58 Mr. T.J. Le Cocq Q.C., H.M. Attorney General: ..............................................58

1. Senator S.C. Ferguson:..............................................................58
2. Deputy J.H. Young:.................................................................58

16. Deputy R.G. Le Hérissier of the Chairman of the Privileges and Procedures Committee regarding the credibility of the referendum proposed for October 2014:................59 Deputy J.M. Maçon of St. Saviour (Chairman, Privileges and Procedures Committee): ......59

1. Deputy R.G. Le Hérissier: ..........................................................59
2. Deputy S.Y. Mézec :.................................................................59
3. Senator I.J. Gorst :...................................................................59
4. Connétable J. Gallichan of St. Mary : ................................................60
5. Deputy R.G. Le Hérissier: ..........................................................60
6. Deputy R.G. Le Hérissier: ..........................................................60

17. Deputy M.R. Higgins of the Minister for Home affairs regarding the investigation of cases of alleged child abuse and child protection issues by the States of Jersey Police: .61 Senator B.I. Le Marquand (The Minister for Home Affairs): .................................61

1. Deputy M.R.Higgins:...............................................................61
2. Deputy M.R.Higgins:...............................................................61
3. Deputy R.G. Le Hérissier: ..........................................................62
4. Deputy R.G. Le Hérissier: ..........................................................62
5. Deputy M.R.Higgins:...............................................................62

18. Deputy M. Tadier of the Chairman of the Education and Home Affairs Scrutiny Panel regarding the establishment of o Dog Ward en role and the introduction of on-the-spot fines for fouling........................................................................63 Connétable S.W. Pallett of St. Brelade (Chairman, Education and Home Affairs Scrutiny

Panel):..................................................................................63

1. Deputy M. Tadier :..................................................................63
2. Deputy S.Power:....................................................................63
3. Deputy R.G. Le Hérissier: ..........................................................63
4. Senator L.J. Farnham :...............................................................64
5. Deputy M. Tadier :..................................................................64

19. Deputy S. Power of the Minister for Economic Development regarding the contractual agreement with Condor:................................................................64

Senator A.J.H. Maclean (The Minister for Economic Development):.........................64

1. Deputy S.Power:....................................................................65
2. Senator L.J. Farnham :...............................................................65
3. Deputy S.Power:....................................................................66

20. Deputy G.P. Southern of the Minister for Social Security regarding the provision of sufficient financial support for carers:..................................................66 Senator F. du H. Le Gresley (The Minister for Social Security): ..............................66

1. Deputy G.P. Southern :..............................................................66
2. Deputy G.P. Southern :..............................................................67

4. Questions to Ministers without notice - The Minister for Health and Social Services 67

1. Deputy M.R.Higgins:..................................................................68 The Deputy of Trinity (The Minister for Health and Social Services):........................68

1. Deputy M.R.Higgins:..................................................................68
   2. Deputy M. Tadier :......................................................................68
   3. Deputy S. Pinel of St. Clement : ........................................................69
   4. Deputy J.A. Hilton:.....................................................................69

4.4.1 Deputy J.A. Hilton:.....................................................................70

5. Deputy R.G. Le Hérissier: ..............................................................70
6. Senator S.C. Ferguson:.................................................................71
7. The Connétable of St. Lawrence:.......................................................71
8. Deputy J.H. Young:....................................................................71
9. The Deputy ofSt.Ouen:................................................................72

4.9.1 The Deputy of St. Ouen:................................................................72

10. The Deputy of Grouville :...............................................................72

5. Questions to Ministers without notice - The Minister for Economic Development....73

1. Senator L.J. Farnham :..................................................................73 Senator A.J.H. Maclean (The Minister for Economic Development):.........................73
2. Deputy G.C.L. Baudains:...............................................................73
3. Deputy T.A. Vallois of St. Saviour:....................................................73
4. Deputy R.G. Le Hérissier: ..............................................................74

5.4.1 Deputy R.G. Le Hérissier: ..............................................................74

5. Deputy S.Power:.......................................................................74
6. Deputy S.G. Luce of St. Martin : ........................................................75

5.6.1 The Deputy of St. Martin:..............................................................75

7. The Connétable of St. Brelade:.........................................................75
8. Connétable M.J. Paddock of St. Ouen:..................................................76
9. Deputy J.H. Young:....................................................................76
10. Senator L.J. Farnham :..................................................................76
11. The Connétable of St. John:............................................................77

PUBLIC BUSINESS.............................................................................77

6. Draft Community Provisions (Goods Suspected of Infringing Intellectual Property Rights) (Jersey) Regulations 201- (P.64/2014)..........................................78

6.1 Senator B.I. Le Marquand (The Minister for Home Affairs): ...........................78

1. Deputy J.H. Young:....................................................................79
2. Deputy M.R.Higgins:..................................................................80
3. Senator B.I. Le Marquand:..............................................................80

7. Draft Rehabilitation of Offenders (Exceptions) (Amendment) (Jersey) Regulations 201- (P.65/2014)..........................................................................82

1. Senator B.I. Le Marquand (The Minister for Home Affairs): ...........................82

1. Deputy M.R.Higgins:..................................................................83
2. Senator B.I. Le Marquand:..............................................................83

2. Senator B.I. Le Marquand:..............................................................83

LUNCHEON ADJOURNMENT PROPOSED..................................................85 LUNCHEON ADJOURNMENT................................................................86

8. Ratification of the Agreement between the Government of the United States of America and the Government of Jersey to improve international tax compliance and to implement F.A.T.C.A. (P.68/2014) ...................................................86

8.1 Senator I.J. Gorst (The Chief Minister):................................................86

1. Deputy G.C.L. Baudains:...............................................................88
2. Senator I.J. Gorst :......................................................................88

9. Draft Taxation (Implementation) (International Tax Compliance) (United States of America) (Jersey) Regulations (P.69/2014).............................................89

9.1 Senator I.J. Gorst (The Chief Minister):................................................90

10. Ratification of the Agreement between the Government of the United Kingdom and Northern Ireland and the Government of Jersey to improve international tax compliance (P.66/2014) ..................................................................91

10.1 Senator I.J. Gorst (The Chief Minister):................................................91

1. Deputy J.H. Young:.................................................................92
2. Deputy J.A.N. Le Fondré:...........................................................93
3. Senator I.J. Gorst :...................................................................93

11. Draft Taxation (Implementation) (International Tax Compliance) (United Kingdom) (Jersey) Regulations 201- (P.67/2014)...................................................95

1. Senator I.J. Gorst (The Chief Minister):................................................95
2. Senator I.J. Gorst :......................................................................95
3. Senator I.J. Gorst :......................................................................95

4. Draft Taxation (Implementation) (International Tax Compliance) (United Kingdom) (Jersey) Regulations 201- (P.67/2014): amendment (P.67/2014 Amd.) ................96

1. Senator P.M. Bailhache : ............................................................96
2. Deputy R.G. Le Hérissier: .........................................................100
3. Senator I.J. Gorst :..................................................................100
4. The Deputy of St. Ouen:...........................................................103
5. Deputy J.A. Martin of St. Helier:..................................................103
6. Deputy R.G. Le Hérissier: .........................................................104
7. Deputy G.P. Southern :.............................................................105
8. The Deputy of St. Martin:..........................................................106
9. Senator L.J. Farnham :..............................................................106
10. Deputy M. Tadier :...............................................................107
11. The Connétable of St. John : .....................................................108 Senator P.M. Bailhache : ....................................................................109

5. Draft Taxation (Implementation) (International Tax Compliance) (United Kingdom) (Jersey) Regulations 201- (P.67/2014) - resumption...................................111

1. Senator P.F.C. Ozouf :..............................................................111
2. Senator I.J. Gorst :..................................................................112

6. Senator I.J. Gorst :.....................................................................112
7. Senator I.J. Gorst :.....................................................................113

1. The Connétable of St. John:........................................................113
2. Senator P.F.C. Ozouf :..............................................................113
3. Deputy S.Power:..................................................................114
4. Deputy M.R.Higgins:..............................................................114
5. Senator L.J. Farnham :..............................................................114
6. Deputy J.H. Young:................................................................114
7. Deputy M. Tadier :.................................................................115
8. The Connétable of St. Lawrence:..................................................115
9. Senator I.J. Gorst :..................................................................115

12. Draft Income Support (Special Payments) (Long-Term Care) (Jersey) Regulations 201- (P.70/2014)........................................................................117

12.1 Senator F. Du H. Le Gresley (The Minister for Social Security): ......................117

1. Deputy J.H. Young:................................................................120
2. Deputy G.C.L. Baudains:..........................................................121
3. The Deputy of St. Martin:..........................................................121
4. Senator A. Breckon: ...............................................................121
5. Senator F. Du H. Le Gresley:......................................................122

13. Draft Income Support (Amendment No. 11) (Jersey) Regulations 201- (P.71/2014).124

13.1 Senator F. du H. Le Gresley (The Minister for Social Security): ......................125

ADJOURNMENT..............................................................................128

[9:31]

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

1. Welcome to His Excellency The Lieutenant Governor

The Bailiff :

Those who had the pleasure of attending the levée at Government House on Friday will know what a splendid occasion it was and how much thought and preparation must have gone into it. I take great pleasure today in not only welcoming His Excellency but also thanking him and Lady McColl for a splendid occasion. [Approbation]

2. Greffier of the States – congratulations upon recognition in H.M. The Queen's Birthday Honours

The Bailiff :

One of the great pleasures of the levee is that His Excellency announces the names of those who have been awarded an honour in the Queen's Birthday Honours. I am sure Members will wish to join with me in saying how pleased we were that the exceptional and dedicated service of our Greffier who is so highly regarded not only in the Island but outside the Island has been recognised by this really well deserved award of an O.B.E. (Order of the British Empire). [Approbation] Very well, there are no other matters under A.

QUESTIONS

2. Written Questions

1. DEPUTY  J.A. MARTIN  OF  ST.  HELIER  OF THE MINISTER  FOR  SOCIAL SECURITY REGARDING FREE PRESCRIPTIONS:

Question

Following the decision in February 2008 to provide free prescriptions to Islanders, would the Minister advise -

1. how many prescriptions were issued the 5 years before that date by year;
2. how many prescriptions have been issued since they became free by year up to the last full year's figures available?

Answer

The table below shows the number of prescribed items that were dispensed by year, from 2003 to 2013

In addition to the decision to provide free prescriptions from February 2008, changes were also made in late 2007 to expand the list of drugs available through the Health Insurance Fund, to include drugs previously only available from the hospital pharmacy. This increased the number of drugs prescribed as drugs which were previously provided by specialists at the hospital were able to be prescribed by GPs for repeat prescription.

2. DEPUTY  G.C.L.  BAUDAINS  OF  ST.  CLEMENT OF THE  COMITÉ  DES CONNÉTABLES REGARDING  PARISH  WELFARE  PAYMENT  IN  THE  LAST WHOLE YEAR THAT SYSTEM EXISTED:

Question

Would the Chairman advise how much, approximately, was distributed by parishes in welfare ayments in the last whole year that system existed?

Answer

The information is contained in the statement about the Island wide rate 2006 which was made to the States by the Chairman of the Comité des Connétable s on 21 June 2006.

In  that  statement  the  Chairman  reported  that the  figures  received  from  Parishes  showed  that £3,323,934 was spent on welfare and £5,492,516 on residential care for the year ending 30 April 2006; so a total of £8,816,450.

3. DEPUTY  G.C.L.  BAUDAINS  OF ST.  CLEMENT OF THE  PRIVILEGES  AND PROCEDURES  COMMITTEE REGARDING  FACILITIES  FOR  STATES MEMBERS:

Question

Does the Chairman consider that the lack of proper parking facilities for States members is a disgrace and that the discontinuation of food at lunchtime was a retrograde step and, if so, would he advise whether his Committee has any plans to resolve these issues?

Answer

Despite the States decision to cease the use of Snow Hill car park for members I am not aware that there is a lack of proper parking facilities as parking is available in two other public car parks for members when on States business. I am aware that a number of members would like to see the re- instatement of States members' lunches on States days but I would remind members that they were stopped as a result of a vote in the Assembly.

The Committee has no plans to propose any changes to the parking provision or to introduce lunches at the present time but would welcome members' views on both of these matters.

4. DEPUTY  G.C.L.  BAUDAINS  OF  ST.  CLEMENT OF THE  MINISTER  FOR TREASURY  AND RESOURCES REGARDING  THE  J.T.  FIBRE  BROADBAND SERVICE:

Question

Would the Minister, as the shareholder representative, advise how many JT customers were on the 2MB service at the end of May 2014, and, of those scheduled to be compulsorily moved to the more expensive 50MB service, how many are on fibre?

Should any still be on copper, would the Minister confirm that they too will also receive 50MB at the higher price, or will they remain on the cheaper 2MB service?

Answer

JT has submitted that the number of JT customers on specific tariffs, or on copper as opposed to fibre service, remains confidential during the course of the CICRA review.

The reason for the information being commercially sensitive is the fact that Jersey's broadband market is heavily competed for by the seven different network providers (JT Fixed, JT Mobile, Sure Fixed, Sure Mobile, Airtel Mobile, Newtel Fixed and Ytel Mobile) and highly regulated by CICRA, which regularly receives commercially sensitive market data of this nature.

In regard to the second part of the question, as explained in the Minister's response to the recent oral question from the Deputy on this subject (3 June 2014), the 2MB service is being withdrawn and JT is moving to a more simple tariff structure where the subscriber receives the maximum possible speed of "up to 20 MB" if they are on a copper connection or a guaranteed minimum speed of 50MB if they are on a fibre service.

The following diagram provides an overview of the changes to JT's retail portfolio:

In making these changes, JT is responding to calls from market and industry commentators to move to an "up to" standard of service for its copper products, such as those available in Guernsey. But it is important to note that copper broadband is a far inferior product to fibre broadband, as many factors such as the length of the copper line or inclement weather conditions (heavy rain, lightning storms) significantly impact copper services (they do not impact fibre network services), all of which means speeds over copper networks can never be guaranteed.

Following the implementation of the updated package, the comparison with Guernsey will look as follows:

* To ensure the fair treatment of those subscribers on a 2MB service, JT is currently running an offer to maintain the 2MB price for a further 18 months, but will provide the increased speeds during that period. For those wishing to remain on a 2MB service, JT will be offering a £17.99 offering over its mobile network.

5. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING A REVIEW BY THE REGULATOR OF J.T.s PROPOSED PRICE INCREASES:

Question

Does the Minister consider that moving Jersey Telecom customers to a higher tariff compulsorily, whether or not they need or want it, amounts to a price increase (in the order of 28 per cent) and, if so, could he advise whether the Regulator is looking into this matter and, if not, why not?

Answer

On 6th June JT formally notified the JCRA of changes to its retail broadband products. The changes mean that customers who are currently on JT's 2 Mb/s product at £17.99 would be migrated to the new standard product of up to 20Mb/s on copper or up to 50Mb/s on fibre at the higher price of £22.99 per month. For these customers this does represent a price increase of approximately 28 per cent.

JT has offered existing customers on the 2Mb/s service a promotion to fix their monthly rental to £17.99 a month for the next 18 months. However, the regulator has advised customers to carefully consider the implications of signing up to this offer as, after the eighteen month period, the price will automatically revert to £22.99 per month.

It should be noted that while some customers will experience an increase in price, other customers could see a material reduction in the price they pay or a significant increase in the maximum broadband speeds they receive. Therefore, customers should consider the options available to them from JT and from alternative providers and make an informed decision on that basis.

My Department is committed to protecting the interests of Jersey users of telecommunications services. I believe it is important that there is a suitable entry level broadband product so that digital services are accessible and affordable to all.

Broadband pricing is a matter for the regulator which is an independent body that helps ensure consumers receive choice and access to high quality services. The JCRA is currently investigating a series of practices by JT which the regulator believes might damage competition in the broadband market leading to reduced choice and value for money for consumers in the longer term.

In announcing this investigation the JCRA cited the 2Mb/s broadband product as the most urgent area of concern.

The JCRA is likely to require further evidence before it can presume that JT's behaviour contravenes either regulatory law or competition law. The JCRA is obliged to go through the appropriate process for carrying out its functions as required by law.

6. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR SOCIAL SECURITY REGARDING INCOME SUPPORT PAYMENTS:

Would the Minister advise approximately how much his Department has paid out in each of the first five years of Income Support?

Answer

This information is provided in the States accounts that are published annually.

Income Support started on 28th January 2008, therefore figures for 2008 also include benefits paid under predecessor schemes during January.

The benefits replaced in 2008 by Income Support included:

• Adult Disablement Allowance (ADA)
• Attendance Allowance (AA)
• Child Disablement Allowance (CDA)
• Childcare Allowance
• Educational Maintenance Allowance
• Disability Transport Allowance (DTA)
• Family Allowance
• Health Insurance Exception (HIE)
• Home Study Grant
• Parish Welfare
• Rent Abatement
• Rent Rebate
• School-Age Discount Scheme
• Welfare Milk

The income support law provides weekly support and one off payments to a wide range of local residents and families including care home residents, pensioners, people with disabilities, families with children, low income working families and jobseekers.

The  total  cost  of  benefits  provided  under  income  support  has  increased  by  24%  since  its introduction in 2008. The increasing cost reflects the response of the government to the difficult economic conditions experienced during this period and the additional assistance needed to support low income individuals and families. The increase of just under 1% between 2012 and 2013 indicates the positive impact of the back to work scheme as well as the general slow improvement in the wider economy.

7. DEPUTY  M.R. HIGGINS  OF  ST.  HELIER OF THE  MINISTER  FOR  HOME AFFAIRS REGARDING  DATA  PROTECTION  SUBJECT  ACCESS  REQUESTS MADE TO THE STATES OF JERSEY POLICE:

Will the Minister set out for members -

1. the number of subject access requests made to the States of Jersey Police under the Data Protection (Jersey) Law 2005 for each year since 2008 together with details of how many were completed within the 40 day period stated in Article 7(11) ofthe Law, how many are still outstanding and the period of time they have been outstanding;
2. setoutthe number of requests seeking for information which have been refused each year in the period prescribed in (a) and the grounds for refusal;
3. set out the number of requests to rectify inaccurate data held by the Police for each year since 2008 together with details of how long it took for the information to be rectified or, if the information was not rectified, the reasons for not doing so?

Answer

1. The States of Jersey Police have had 7594 subject access requests since 2008.

2008 1028 requests

2009 1232 requests

2010 1338 requests

2011 1174 requests

2012 1149 requests

2013 1211 requests

2014 462 requests to date

The States Police do not keep a central register of the timescales within which these have been answered.

To answer this part of the question would require each request to be checked individually. There are currently five SAR's outstanding:

The earliest is from 2012 and is under discussion with the Data Protection Commissioner. One is from December 2013 for which a number of disclosures have been made, however, the request remains live due to ongoing clarifications of what is required by the data subject. Three that are current and within the 40 day limit.

2. The States Police do not centrally keep figures for whether full or partial disclosures are made or the grounds for disclosure/non-disclosure. Those persons affected would have the option of

complaining to the Data Protection Commissioner if they were unhappy with the States Police response. The Data Protection Commissioner may then direct the States Police to review the case.

3. The States Police donot keep a central register of requests for inaccurate data to be rectified. With the written permission of the data subject they can check individual files.

Subject access requests to the States Police can pose difficulties and delays may be experienced for a number of valid reasons including:-

1.The difficulty in actually finding the relevant information in a case in which the range of the

requests is wide.

2.The exemption which exists in relation to criminal investigations. Although such an

investigation may not currently be active, if further information arises then the investigation may need to be re-opened.

3.The need to protect the anonymity of third parties such as witnesses, with a requirement to

first seek their consent to disclosure and, in appropriate cases, to redact the information held.

4.Difficulties may also arise in relation to requests to correct information held in circumstances

in which the applicant disagrees with information held in the form of a complaint or a witness statement. In such cases the very fact that a complaint has been made or a statement given may be accurate information irrespective of whether the complaint or the witness statement are factually correct.

8. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING APPLICATIONS FOR REGISTRATION CARDS UNDER THE NEW CONTROL OF HOUSING AND WORK (JERSEY) LAW 2012:

Question

Will the Chief Minister set out for members the number of people who have applied for registration cards under the new Control of Housing and Work (Jersey) Law 2012, breaking down the numbers into the nationality and country of origin of all those who have applied during the period 1st January 2014 to 31st March 2014?

Answer

The figures below show all those people applying for registration cards between 1st January 2014 and 31st March 2014. This does not mean they are all new to the Island. People need registration cards when they move house or change jobs. When issuing cards we ask for an applicant's nationality, not country of origin.

The numbers of individuals who have applied for registration cards under the Control of Housing and Work (Jersey) Law 2012 between 1st January 2014 and 31st March 2014 inclusive, reported by nationality, are as follows:-

9. THE DEPUTY OF GROUVILLE OF THE MINISTER FOR SOCIAL SECURITY REGARDING SICKNESS BENEFIT ENTITLEMENT:

Question

Would  the  Minister  confirm  that  a  person,  having  contributed  2  quarters  of  social  security contributions, is entitled to claim sickness benefit?

Could he advise whether someone who has subsequently returned to their country of origin is still entitled to claim sickness benefit from the Jersey Social Security system, if they can produce a doctor's certificate?

Is there a time limit on the length of time someone can claim sickness benefit, having contributed for 6 months, if they are no longer resident in the Island?

Answer

There are two separate contribution conditions to claim short-term incapacity allowance (STIA) (often referred to as sickness benefit):

1. The individual must have paid at least three months of contributions by the end ofthe quarter but one before the start of the claim.
2. The individual must have contributions or contribution credits in the quarter but one before the start ofthe claim. E.g. if the individual is ill in July, contributions from January to March are considered. The value of the benefit paid isreducedif contributions are missing for any of these three months.

STIA only can be paid outside of Jersey, on receipt of a medical certificate, if:

1. the claim commenced prior to the person leaving Jersey AND
2. a reciprocal agreement for the payment of STIA is in place with the other country.

STIA can only be paid for a maximum period of a year regardless of whether the person is living abroad or in Jersey. The standard rate of STIA is £191.38 per week. As at 31/12/2013, there were 1,430 STIA claims in payment of which 7 were being paid outside Jersey.

In addition to STIA, which is only available for a maximum of one year, long term incapacity allowance (LTIA) is also available to working age individuals with a long-term loss of faculty. This is paid on a percentage basis, from 5% up to 100% of the standard rate of benefit.

A claim for LTIA is decided by a medical board, made up of medical practitioners (doctors) registered either under the local law for the registration of doctors in Jersey or the similar law in the UK.

The contribution conditions are similar to those of STIA:

1. The individual must have paid at least six months of contributions by the end of the quarter but one before the start of the claim.
2. The individual must have contributions or contribution credits in the quarter but one before the start ofthe claim. E.g. if the individual makes a claim in July, contributions from January to March are considered. The value ofthe benefit paid is reduced if contributions are missing for any of these three months.

LTIA can be paid outside Jersey for up to 13 weeks, or if there is a reciprocal agreement in place with the other country. There is provision within the reciprocal agreement legislation for the country of residence to arrange a medical board on our behalf when a review is required. The doctor will complete the medical report and when it is returned it is passed to our doctors to award the percentage of LTIA. There is no necessity for the person to return to Jersey for a medical review unless they prefer to be seen by our medical board. As at 31st December 2013, there were 3,815 LTIA claims in payment of which 350 were being paid outside Jersey.

2.1 SENATOR  S.C.  FERGUSON  OF THE  CHIEF  MINISTER REGARDING MINISTERIAL DECISIONS IN 2014:

Question

Given that there are 25 Ministerial Decisions which have not been listed on the gov.je website for 2014, would the Chief Minister provide a list, including titles of these decisions, and the reason for their exemption from publication?

Answer

The Chief Minister's Department has raised 15 exempt Ministerial Decisions so far in 2014.

They were exempted as scheduled below, based on the Code of Practice on Public Access to Official Information booklet (size 20kb) which is available on gov.je.

The Ministerial Decisions exempted as policy in the course of development under Exemption 3.2.1(a) (xiv) become public when the related proposal or draft law is lodged with the States Assembly.

11. SENATOR  S.C. FERGUSON OF THE  MINISTER  FOR  TREASURY AND RESOURCES REGARDING MINISTERIAL DECISION IN 2014:

Question

Given that there are 13 Ministerial Decisions for 2014 for the Treasury and 6 for Property Holdings which have not been listed on the gov.je website, would the  Minister provide a list, including titles of these decisions and the reason for their exemption from publication?

Answer

When a draft Ministerial Decision is prepared in Treasury and Resources it is first loaded onto the Livelink system where it is reviewed for appropriateness by officers at the States Greffe. At this stage it is allocated an MD number. The States Greffe process includes the approval (or otherwise) of a proposal that a decision is considered to be exempt from publication under the Code of Practice on Access to Information held by the States, Committees of the States and Departments of the States. Not every decision that is loaded in this way progresses to full signature by the Minister. This may be, for example, because an alternative course of action may have been identified. Furthermore, a draft decision loaded onto the system may be complex and may take some time to progress to formal signing by the Minister. It may, therefore, appear chronologically after earlier numbers. Numbers which appear to be "missing" may, in fact, be simply pending signature. It is therefore not accurate to assume that any Ministerial Decision numbers listed on the gov.je website equate to signed, exempt decisions.

Ministerial Decisions that have been approved as "exempt" by the States Greffe are exempt from publication for a valid reason. This means that publication of the Decision Summary Title in itself could  be  undesirable,  for  example  where negotiations  relating  to  specific  properties  are  still ongoing. However, to be helpful, information has been provided below where it has been possible to do so.

The following Ministerial Decisions are missing' from the sequential listing on the gov.je website. A full listing has been provided as it was not possible to reconcile to the number of decisions mentioned in the Senator's question. The tables below set out those decisions and where applicable, the reasons for exemption. "Number not used" includes both decisions which did not progress to formal signature and those pending formal signature.

Some detail has been withheld to protect the exemption criteria.

The number of exempt decisions should be placed in the overall context of the number of decisions processed.  The  percentage  is  small  and  the  presumption  is  always  toward  publication  unless exemption is essential.

Treasury

Property Holdings

12. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING VISITS TO SECONDARY SCHOOLS BY STATES MEMBERS:

Question

Would the Minister provide a list of visits to the Island's secondary schools and 6th form colleges which have been undertaken since the beginning of the year by sitting States Members to talk to students, including which schools and on what dates the visits took place?

Could the Minister also outline the rules/ guidelines which determine whether a visit by a States Member to a school is appropriate, and what safeguards, if any, exist to ensure that no school is inadvertently biased in allowing some members more opportunities to meet potential young voters than other members?

Answer

The Education, Sport and Culture department does not keep a central record of visits to individual schools. Each school is responsible for organising its own timetable and for inviting guest speakers. This includes States Members. Teachers and head teachers are expected to ensure that students learn about the democratic process and social issues in a neutral environment where both sides of an argument are presented. This is a well-recognised principle among the teaching profession.

While politicians might be invited to talk about the democratic process in Jersey or as part of a debate on a particular issue being studied in the curriculum, they are not given access to younger voters for the purposes of canvassing. It would not be appropriate or democratic to provide captive audiences of young voters in schools.

However,  it is recognised that  young  electors should  have convenient  opportunities to  attend hustings outside curriculum time. Arrangements have been made to support this. During an election period, candidates who want to organise a hustings on school premises are able to do so and guidance to this effect has been send to secondary head teachers. There are also guidelines for candidates. In the interests of impartiality, all the candidates for the position under discussion ( Deputy , Senator or Connétable ) must be invited to the meeting. This is to ensure that all candidates have equal access to the young voters who wish to attend. The guidance notes are attached below.

Guidance notes to secondary head teachers

and the Principal of Highlands College

Subject: Protocols regarding access by candidates to school pupils

over the age of 16 during electoral periods

Issued by: Minister of Education, Sport and Culture

1 INTRODUCTION

Since 2008, 16 year olds have been eligible to vote in elections to the States of Jersey. As most of this age group is in full-time or part-time education, this presents a number of issues for schools and colleges.

The following advice has been produced to guide schools. It applies at all times but head teachers will need to be particularly aware of it during the "pending period" for each election – which is from the date nominations open (noon on 05 September 2011) to the close of polls on election day on 19 October.

2. PRINCIPLES

These guidelines are intended to assist the democratic process and to ensure that young voters are introduced to it as objectively as possible. The principles which underpin them are to:

• help young people understand the political process;
• encourage them to use their vote;

• ensure fairness and balance;
• avoid disruption to education;
• prevent young people being placed under any duress.

In applying these principles it is important to distinguish between educating young people  about  the  electoral  process and  electioneering  on behalf  of  a particular candidate or party.

3. GUIDANCE

1. Newelectorshavetherighttobeinformedaboutthenatureoftheelectoralprocess. If this information is given within the normal educational context, for example through theCitizenshipCurriculum,itshouldbepresentedimpartiallywithoutsupportingany particular candidate, group of candidates or political party.
2. The Department for Education, Sport and Culture pamphlet Register to Vote' outlines the registration process and may be made available in schools for all first time voters.
3. During the election period schools should not invite or allow any candidates for election to campaign in schools. Pupils who are eligible to vote have the same opportunities as other members of the electorate to attend public hustings in their own time.
4. If an individual candidate approaches a school seeking an opportunity to address young voters, head teachers should decline the request. This is to ensure fairness to all candidates, avoid disruption to the curriculum and avert any potentialconcern about pupils being placed under undue pressure.
5. Candidates will not have the right to personally distribute leaflets or campaign on school premises. The school will provide a suitable display area/ noticeboard to display the candidates' manifesto brochure produced by the Privileges and Procedures Committee. Thisensures the same format and amount ofinformationis available about each candidate.
6. Teachers will be able to use leaflets and other electoral publicity as an educational resource if they wish provided they do not favour any particular candidate. They must ensure impartiality.
7. Voting registration forms can be made available in schools but it is the voters' responsibility to return their own form to the relevant parish hall.

4. GENERAL

1. These guidelines have been produced to ensure fairness and encourage electoral participation. Theyare unlikely to cover every eventuality. Head teachers may seek additional advice from the Director of Education, Sport and Culture.
2. The guidelines will come into force on 01 July 2011 in time for the beginning of the 2011 electoral cycle. They will apply to all elections held after that date.

Public Elections

Meetings on school and youth service premises

Guidance for candidates

School premises:

School premises may be available for hire outside school hours for candidates who wish to arrange meetings with prospective voters.

In the interests of impartiality, all the candidates for the position under discussion must be invited to the meeting. This would mean all senatorial candidates and, in the case of Deputies or Connétable s, all the candidates for a particular parish or district.

Youth Service premises:

Youth premises may also be available for hire outside youth session hours for candidates to hold meetings with prospective voters on the same basis.

Youth projects may also arrange meetings themselves if there is a request from young people who attend. If this takes place, the invitation will be issued to all candidates running for the same post (ie. candidates for Deputies or Connétable in the relevant parish, or for election as Senator) so that all candidates are treated equally and fairly.

Candidates interested in hiring out premises are invited to contact the school or youth premises directly to determine availability.

Attendance at political meetings by young voters is entirely voluntary. Education, Sport & Culture Department

13. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE CHAIRMAN OF THE COMITÉ  DES  CONNÉTABLES REGARDING  UNOCCUPIED  PROPERTIES  IN THE ISLAND:

Question

Given its access to rating information, can the Comité des Connétable s advise the number of properties in the Island currently unoccupied and provide the data, indicating which are domestic and commercial dwellings?

Answer

The Rates (Jersey) Law 2005 defines "occupier" as the person entitled to occupy and use the land by virtue of being the owner of the land; or the person to whom the land is let under a lease or tenancy agreement.

There is therefore an "occupier" for every property and none is "unoccupied" under the Rates Law.

14. DEPUTYM.R.HIGGINSOFST.HELIEROF THE MINISTER FOR HEALTH AND SOCIAL  SERVICES REGARDING  THE  DEFINITIONS  USED  TO  ASSESS ALLEGATIONS OF ABUSE:

Question

Will the Minister -

1. set  out the  definitions  of sexual,  physical  and emotional  abuse  used  by  the  Children's Department when assessing allegations of such abuse;
2. set out the procedures adopted internally by the Department when such abuse is alleged;
3. explain in full the various steps and bodies that are consulted or involved in deciding whether abuse actually took place;
4. state what safeguards there are toensurethatthe various bodiesin(c)aregiven complete and accurate information regarding the alleged abuses and the procedures that are adopted by the Department to ensure that any  factually  incorrect  information that is  forwarded  to decision makers is corrected as rapidly as possible?

Answer

1. All of the agencies involved in responding to allegations ofabusework within the definitions and procedures detailed in the JCPC Multi-Agency Child Protection Procedures (February 2011). Presenting issues at the Multi Agency Safeguarding Hub (MASH) are defined as follows:

The document is published and available on the Safeguarding Board website at jcpc@gov.je.

2. All enquiries will be received within the Multi Agency Safeguarding Hub (MASH). This includes Children's Service, the States of Jersey Police, Education welfare officers and health  service  representatives.   Possible  progress  from this  includes  a  multi  agency discussion, multi agency strategy meeting, joint investigation, allocation to social work services,  further assessment,  registration  under the  Child  Protection  structure,  and accommodation by the Minister for a Looked After Child. The Minister has a dutyto investigate and accommodate where necessary.
3. As above

4. MASH and Social Work teams may work with fragments of information at an initial stage, but further exploration with other agencies will lead to a comprehensive picture being gathered. All enquiries into MASH allow each case to be dealt with by all agencies simultaneously under joint working protocols. This is shared on a confidential basis with those involved withthe children as and when needed to ensure that they are safeguarded. Prior to the development ofthe MASH all agencies worked to joint protocols however, the co-location of teams into the MASH and the development of a single IT system to capture the information since August 2013 has enabled more efficient use of existing resources to respond to enquiries.

15. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE INCLUSION OF STATES-FUNDED FOSTER HOMES UNDER THE HISTORIC ABUSE REDRESS SCHEME:

Question

Will the Chief Minister advise Members -

1. whether the Council of Ministers has decided to include under the historic abuse redress scheme claims against abuse that occurred in States funded foster homes;
2. whether the Council of Ministers has received any further claims for abuse that occurred after the cut off date for compensation under the scheme and whetheror not it has allowed these claims to be considered for compensation and, if not, whynot?

Answer

1. The Council of Ministers has recently permitted theknownclaims involving alleged abuse in States' foster care to be considered under the Scheme as exceptions.

The Council of Ministers will give further consideration to extending the scheme to cover

alleged abuse in States' foster care at a future meeting.

2. Four claims were received by the Historic Abuse Redress Scheme after the cut-off date for submission of claims (30th September 2012). The Council of Ministers considered these claims in anonymised format, and the reasons given for their late submission. All four were permitted to be considered under the Scheme, as if they had been received before the deadline of 30th September 2012.

16. DEPUTYM.R.HIGGINSOFST.HELIEROF THE MINISTER FORHEALTHAND SOCIAL SERVICES REGARDING THE NUMBER OF CASES OF SEXUAL ABUSE REPORTED TO THE CHILDREN'S SERVICE SINCE 1995:

Question

Will the Minister advise members of the number of cases of sexual abuse of children that were reported to the Children's Service in each and every year since 1995 together with the following information -

1. whether the alleged offences took place on private property orpublicproperty such as States homes, schools, institutions or foster homes funded by the States;
2. whether all the alleged offences werereportedto the States ofJersey Police and, if not, why not;
3. what  action  was  taken  in  each  case  to protect  the  children  concerned  and  bring  the perpetrators to court;
4. how many successful prosecutions were carried out in these cases and what penalties were imposed on the perpetrators?

Answer

Information systems used by the children's service do not enable the capture of the information in the format requested. Historic Individual case files are retained and will contain this information on a  case  by  case  basis.  Although  it  would  be  possible  to  audit  all  case  files  to  provide  this information, it would be an extensive task requiring significant additional resources.

Since August 2013, all enquiries relating to safeguarding concerns for children are received by the multi agency safeguarding hub (MASH). This includes Children's Service, the States of Jersey Police, Education welfare officers and health service representatives. In the first eight month of operation, the MASH received 1379 inquiries. These are broken down as follows: