States Meeting Transcript -1st April 2014

STATES OF JERSEY OFFICIAL REPORT TUESDAY, 1st APRIL 2014

COMMUNICATIONS BY THE PRESIDING OFFICER .....................................10

1. The Bailiff :.............................................................................10

QUESTIONS.....................................................................................10

2. Written Questions.......................................................................10

1. THE CONNÉTABLE OF ST. LAWRENCE OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING LOANS TO LAND OWNERS REGARDING REMEDIAL WORK TO PREVENT ENCROACHMENT ONTO MAIN ROADS:................................................................................10
2. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE JERSEY ELECTRICITY COMPANY AND RECENT TRENCH WORK:......................10
3. DEPUTY S.S.P.A. POWER OF ST. BRELADE OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE FUEL CONSUMPTION OF THE OLD INCINERATOR AND THE ENERGY FROM WASTE PLANT: ......................................................................11
4. THE CONNÉTABLE OF ST. JOHN OF THE CHAIRMAN OF THE PRIVILEGES AND PROCEDURES COMMITTEE REGARDING AMENDMENTS TO INFORMATION TECHNOLOGY EXPENSES FOR STATES MEMBERS: ..........12
5. THE CONNÉTABLE OF ST. JOHN OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING BUDGET UNDERSPENDS AND THE COST OF CANCER DRUGS: ....................................................................14
6. THE CONNÉTABLE OF ST. JOHN OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE MONITORING OF WATER FOR THOSE HOUSEHOLDS NOT ON THE MAINS WATER SUPPLY:..........................15
7. THE CONNÉTABLE OF ST. JOHN OF THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING CHARGING FOR MUSIC LESSONS:..............16
8. THE CONNÉTABLE OF ST. JOHN OF THE MINISTER FOR SOCIAL SECURITY REGARDING BENEFIT FRAUD IDENTIFIED OVER THE LAST FIVE YEARS:..17
9. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE CHAIRMAN OFTHE COMITÉ DES CONNÉTABLES REGARDING THE COLLECTION OF BANNELAIS IN PARISHES:.........................................................................19
10. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR HOME AFFAIRS REGARDING THE NUMBER OF STAFF RESIGNATIONS AT H.M.P. LA MOYE OVER THE LAST FIVE YEARS:.............................................19
11. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING ACCESS TO MENTAL HEALTH SERVICES:.20

12. DEPUTY M.R. HIGGINS OF ST HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING A BREAKDOWN OF COURT AND CASE EXPENDITURE FIGURES: ...........................................................21
13. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING CONSTRUCTION AND ENGINEERING SERVICES:............................................................................22
14. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE CRIMINAL OFFENCES CONFISCATION FUND: .................................................................................23
15. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE EXPENDITURE ON ENTERTAINMENT AND CIVIC FUNCTIONS BY THE CHIEF MINISTER AND BAILIFF'S CHAMBERS: ..................................24
16. DEPUTY M.R. HIGGINS OF ST HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE WAITUING TIMES FOR MEDICINAL PROCEDURES:........................................................................25
17. DEPUTY J.H. YOUNG OF ST. BRELADE OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE SEARCH FOR A SUITABLE SITE FOR CONTROLLED SORTING OF WASTE FROM SKIPS:...................31
18. DEPUTY G.P. SOUTHERN OF ST HELIER OF THE CHIEF MINISTER REGARDING O.E. C.D COMMON REPORTING STANDARDS:....................31
19. DEPUTY G.P. SOUTHERN OF ST HELIER OF THE CHIEF MINISTER REGARDING THE ACTIONS OF P.F.I. COMPANIES TO AVOID PAYING U.K. CORPORATION TAX:................................................................32
20. DEPUTY G.P. SOUTHERN OF ST HELIER OF THE CHIEF MINISTER REGARDING THE TRANSFER OF TERMS AND CONDITIONS OF STAFF WITH PRIOR AGREEMENT:................................................................33
21. DEPUTY G.P. SOUTHERN OF ST HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE IMPLICATUIONS FOR JERSEY'S TAX REGIME FOLLOWING THE U.K.'s CHANGES TO THE TAXATION OF

PENSIONS: ............................................................................34

22. DEPUTY J.H. YOUNG OF ST. BRELADE OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE NUMBER OF PREMISES NOT CONNECTED TO THE PUBLC SEWER NETWORK:................................34
23. DEPUTY J.H. YOUNG OF ST. BRELADE OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE STEWARDSHIP OF No. 1 OXFORD ROAD, ST. HELIER:...........................................................................36
24. DEPUTY J.H. YOUNG OF ST. BRELADE OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE NUMBER OF PROPERTIES NOT SERVED BY MAINS WATER:........................................................37

3. Oral Questions...........................................................................39

1. Deputy R.G. Le Hérissier of St. Saviour of the Minister for Economic Development regarding the staff turnover at the Jersey Competition Regulatory Authority:...........39 Senator A.J.H. Maclean (The Minister for Economic Development):.........................39

1. Deputy R.G. Le Hérissier: ..............................................................39
2. Deputy M.R. Higgins of St. Helier:.....................................................39

3. Deputy J.A. Martin of St. Helier:.......................................................40
4. Deputy R.G. Le Hérissier: ..............................................................40
5. Deputy R.G. Le Hérissier: ..............................................................41

2. Deputy J.A. Martin of the Minister for Economic Development regarding the opening hours of licensed premises during the World Cup:......................................41 Senator A.J.H. Maclean (The Minister for Economic Development):.........................41 3.2.1. Deputy J.A. Martin:....................................................................41

2. Deputy R.G. Le Hérissier: ..............................................................41
3. Connétable P.J. Rondel of St. John : ....................................................41
4. Deputy J.A. Martin:....................................................................42

3. Deputy N.B. Le Cornu of St. Helier of the Minister for Social Security regarding unfair dismissal safeguards:...................................................................42 Senator F. du H. Le Gresley (The Minister for Social Security): ..............................42

1. Deputy N.B. Le Cornu:.................................................................43
2. Deputy M. Tadier of St. Brelade:.......................................................43
3. Deputy M. Tadier :......................................................................43
4. Deputy J.H. Young of St. Brelade:......................................................43

4. Deputy S. Power of St. Brelade of the Chairman of the Comité des Connétable s regarding long service medals for members of the Honorary Police:....................44 Connétable J.L.S. Gallichan of Trinity (Chairman, Comité des Connétable s):................44

1. Deputy S.Power:.......................................................................44
2. The Connétable of St. John:............................................................44
3. Deputy M. Tadier :......................................................................44
4. Deputy S.Power:.......................................................................45
   5. Deputy J.N. Le Bailly of St. Mary of the Minister for Treasury and Resources regarding funding the cost of water tests by the States Analyst for residents of properties not served by mains water: ........................................................................45 Deputy E.J. Noel (Assistant Minister for Treasury and Resources - rapporteur):..............45

1. The Deputy of St. Mary:................................................................46
2. The Connétable of St. John:............................................................46
3. The Connétable of St. John:............................................................46
4. Deputy J.H. Young:....................................................................46
5. Deputy T.A. Vallois of St. Saviour:....................................................47
6. Deputy G.C.L. Baudains of St. Clement : ...............................................47
7. Deputy M. Tadier :......................................................................47
8. Deputy M. Tadier :......................................................................47
9. The Deputy of St. Mary:................................................................47

6. Deputy J.H. Young of the Minister for Planning and Environment regarding the costs of defending Planning Appeals since his appointment:....................................48 Deputy R.C. Duhamel of St. Saviour (The Minister for Planning and Environment):.........48

1. Deputy J.H. Young:....................................................................48
2. Deputy M.R.Higgins:..................................................................49
3. Deputy R.G. Le Hérissier: ..............................................................49

4. Deputy J.H. Young:....................................................................49

7. Deputy J.A. Hilton of St. Helier of the Minister for Health and Social Services regarding reductions to the waiting time for those seeking adult psychological services: ..........50 Deputy A.E. Pryke of Trinity (The Minister for Health and Social Services):.................50

1. Deputy J.A. Hilton:.....................................................................50
2. Senator S.C. Ferguson:.................................................................50
3. Deputy M. Tadier :......................................................................51
4. Deputy M. Tadier :......................................................................51
5. Deputy S.Power:.......................................................................51
6. Deputy S.Y. Mézec of St. Helier:.......................................................51

7. Deputy J.A. Hilton:.....................................................................51
   8. Deputy G.P. Southern of St. Helier of the Chief Minister regarding investigations into the background of companies based in Jersey which were involved in the financing of the construction of Alder Hey Hospital, Liverpool:.....................................52 Senator P.F.C. Ozouf (Assistant Chief Minister - rapporteur):................................52

1. Deputy G.P. Southern :..................................................................52
2. Deputy G.P. Southern :..................................................................52
3. Deputy G.P. Southern :..................................................................53
4. Deputy M. Tadier :......................................................................53

9. The Connétable of St. John of the Chairman of the Privileges and Procedures Committee regarding States members' I.T. expenses: ..............................................55 Deputy J.M. Maçon of St. Saviour (Chairman, Privileges and Procedures Committee): ......55

1. The Connétable of St. John:............................................................55
2. Deputy G.C.L. Baudains:...............................................................55
3. The Connétable of St. John:............................................................55

10. Deputy M. Tadier of the Attorney General regarding the possibility of importing and possessing cannabis for medicinal use under the provisions of the Misuse of Drugs (Jersey) Law 1978:.....................................................................56 Mr. H. Sharp Q.C., H.M. Solicitor General:..................................................56

1. Deputy M. Tadier :...................................................................56
2. Deputy R.G. Le Hérissier:...........................................................57
3. Deputy M. Tadier :...................................................................57

11. Deputy G.C.L. Baudains of the Chairman of the Jersey Branch of the Commonwealth Parliamentary Association regarding the selection of delegates for the Commonwealth Parliamentary Association conference in October 2014: ................................57 Connétable L. Norman of St. Clement (Chairman, Jersey Branch, Commonwealth Parliamentary Association):............................................................57
12. Deputy S. Power of the Minister for Economic Development regarding the impact of low freight rates on the viability of shipping to the Channel Islands:........................58 Senator A.J.H. Maclean (The Minister for Economic Development):.........................58

1. Deputy S.Power:....................................................................58
2. Deputy S.Power:....................................................................58

13. Deputy M. Tadier of the Chairman of the Health, Social Security and Housing Scrutiny Panel regarding a review of the Minister's proposed action to address clinical waiting times:...................................................................................59 Deputy J.A. Hilton (Vice Chairman, Health, Social Security and Housing Scrutiny Panel - rapporteur):.............................................................................59

3.13.1 Deputy M. Tadier :...................................................................59

14. Deputy N.B. Le Cornu of the Minister for Transport and Technical Services regarding the implementation of the strategies agreed as part of the Sustainable Transport Policy:59 Deputy K.C. Lewis of St. Saviour (The Minister for Transport and Technical Services): .....59

1. Deputy N.B. Le Cornu:..............................................................60
2. Deputy G.P. Southern : ..............................................................60
3. Deputy G.P. Southern : ..............................................................60
4. Connétable J. Gallichan of St. Mary:................................................60
5. Deputy R.G. Le Hérissier:...........................................................60
6. Deputy M. Tadier :...................................................................61

7. Deputy M. Tadier :...................................................................61
8. Deputy M.R.Higgins:...............................................................61
9. Deputy M.R.Higgins:...............................................................61

15. Deputy J.H. Young of the Minister for Economic Development regarding the impact of the withdrawal of air services to Guernsey by Aurigny:................................62 Senator A.J.H. Maclean (The Minister for Economic Development):.........................62

3.15.1 Deputy J.H. Young: .................................................................62

16. The Deputy of St. Mary of the Minister for Planning and Environment regarding the provision of a fresh water supply and mains drains to all Islanders:.....................63 Deputy R.C. Duhamel (The Minister for Planning and Environment): ........................63

1. The Deputy of St. Mary:.............................................................63
2. Connétable S.A. Rennard of St. Saviour:............................................63
3. Deputy G.C.L. Baudains: ............................................................63
4. The Connétable of St. John : .........................................................64
5. Deputy J.H. Young: .................................................................64
6. Deputy J.H. Young: .................................................................65
7. The Deputy of St. Mary:.............................................................65

17. Deputy G.C.L. Baudains of the Minister for Treasury and Resources regarding the resolution of the problems with J.T.'s billing system: ..................................65 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................65

1. Deputy G.C.L. Baudains: ............................................................66
2. Deputy J.M. Maçon:.................................................................66
3. Deputy J.M. Maçon:.................................................................66
4. The Connétable of St. John : .........................................................67
5. The Connétable of St. John : .........................................................67
6. Deputy R.G. Le Hérissier:...........................................................67
7. Senator S.C. Ferguson:..............................................................68
8. Deputy G.C.L. Baudains: ............................................................68

18. The Connétable of St. John of the Minister for Planning and Environment regarding the supervision of slurry spreading:........................................................69

1. Deputy R.C. Duhamel (The Minister for Planning and Environment):...............69
2. The Connétable of St. John : .........................................................70
3. Connétable J.E. Le Maistre of Grouville :............................................70
4. Deputy R.C. Duhamel:..............................................................70
5. Deputy S.G. Luce of St. Martin:.....................................................70
6. The Deputy of St. Martin : ...........................................................70
7. The Connétable of St. John : .........................................................71

19. Deputy G.P. Southern of the Minister for Housing regarding the expenditure of the rental income estimated for the years 2014 to 2018: ..........................................71

9. Deputy A.K.F. Green of St. Helier (The Minister for Housing): .....................71
10. Deputy G.P. Southern : ............................................................72
11. Deputy T.A. Vallois:..............................................................72
12. Deputy G.P. Southern : ............................................................72

4. Questions to Ministers without notice - The Minister for Social Security.............73

1. Deputy G.P. Southern :..................................................................73 Senator F. du H. Le Gresley (The Minister for Social Security): ..............................73

1. Deputy G.P. Southern :..................................................................73
   2. Connétable D.W. Mezbourian of St. Lawrence:........................................73
   3. Deputy M. Tadier :......................................................................73

4.3.1 Deputy M. Tadier :......................................................................73

4. Deputy C.F. Labey of Grouville :........................................................74

4.4.1 The Deputy of Grouville :...............................................................74

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

4.5.1 Deputy R.G. Le Hérissier: ..............................................................75

6. Deputy G.P. Southern :..................................................................75

4.6.1 Deputy G.P. Southern :..................................................................75

7. Deputy J.A. Hilton:.....................................................................75
8. Deputy J.G. Reed of St. Ouen:..........................................................75

4.8.1 The Deputy of St. Ouen:................................................................76

9. Deputy R.G. Le Hérissier: ..............................................................76

4.9.1 Deputy R.G. Le Hérissier: ..............................................................76

5. Questions to Ministers without notice - The Minister for Transport and Technical Services..................................................................................76

1. The Deputy of St. Martin:..............................................................76 Deputy K.C. Lewis (The Minister for Transport and Technical Services):....................76
2. Deputy M.R.Higgins:..................................................................76
3. Deputy G.P. Southern :..................................................................77

5.3.1 Deputy G.P. Southern :..................................................................77

4. Deputy J.H. Young:....................................................................77

5.4.1 Deputy J.H. Young:....................................................................77

5. Deputy M. Tadier :......................................................................77

5.5.1 Deputy M. Tadier :......................................................................78

6. Deputy J.M. Maçon:....................................................................78

5.6.1 Deputy J.M. Maçon:....................................................................78

7. Deputy J.A. Hilton:.....................................................................78
8. Connétable M.J. Paddock of St. Ouen:..................................................78
9. Senator L.J. Farnham :..................................................................79
10. Deputy S. Pinel of St. Clement : ........................................................79
11. Deputy R.G. Bryans of St. Helier:......................................................79
12. The Deputy of St. Martin:..............................................................80
13. Deputy M.R.Higgins:..................................................................80

14. Deputy G.P. Southern :..................................................................80
15. Deputy M. Tadier :......................................................................80
16. Senator S.C. Ferguson:.................................................................80
17. Deputy M. Tadier :......................................................................81
18. Deputy T.A. Vallois: ...................................................................81

5.18.1 Deputy T.A. Vallois:................................................................81

19. Connétable S.W. Pallett of St. Brelade:.................................................81

5.19.1 The Connétable of St. Brelade:......................................................81

20. The Connétable of St. Mary:............................................................81
21. The Connétable of St. Mary:............................................................82

PUBLIC BUSINESS.............................................................................82

6. Draft Financial Services Ombudsman (Jersey) Law 201- (P.9/2014)..................82

1. Senator A.J.H. Maclean (The Minister for Economic Development):...................82

1. Deputy M.R.Higgins:..................................................................84
2. Senator A. Breckon: ....................................................................84
3. The Deputy of St. Martin:..............................................................86
4. Deputy J.H. Young:....................................................................86

LUNCHEON ADJOURNMENT PROPOSED..................................................88

LUNCHEON ADJOURNMENT................................................................88

5. Senator A.J.H. Maclean:................................................................88

2. Senator A.J.H. Maclean:................................................................90

1. Deputy M.R.Higgins:..................................................................91
2. Senator A.J.H. Maclean:................................................................91
   3. Senator A.J.H. Maclean:................................................................94

4. Draft Financial Services Ombudsman (Jersey) Law 201- (P.9/2014): second amendment (P.9/2014 Amd.(2)).........................................................94

1. Deputy G.P. Southern :..................................................................94
2. Deputy M.R.Higgins:..................................................................97
3. Senator A.J.H. Maclean:................................................................97
4. Deputy M. Tadier :......................................................................98
5. Senator A. Breckon: ....................................................................99
6. Deputy J.A. Martin:...................................................................100

7. Deputy J.H. Young:...................................................................101
8. Deputy R.G. Bryans: ..................................................................101
9. Deputy G.P. Southern :................................................................102

5. Draft Financial Services Ombudsman (Jersey) Law 201- (P.9/2014) - resumption..103

6.5.1 Senator A.J.H. Maclean:..............................................................103

7. Draft Taxation (Miscellaneous Provisions) (Jersey) Regulations 201- (P.13/2014) ..104

7.1 Senator P.M. Bailhache (The Minister for External Relations):........................105

1. Deputy J.H. Young:...................................................................105
2. Deputy R.G. Le Hérissier: ............................................................105
3. Senator P.M. Bailhache : ..............................................................106

8. Ratification of the Agreement on the Exchange of Information relating to Tax Matters between the Government of Jersey and the Government of Hungary (P.12/2014)..............................................................................107

8.1 Senator P.M. Bailhache (The Minister for External Relations):........................108

9. Draft Taxation (Exchange of Information with Third Countries) (Amendment No. 10) (Jersey) Regulations 201- (P.17/2014)..................................................108

9.1 Senator P.M. Bailhache (The Minister for External Relations):........................108

1. Deputy R.G. Le Hérissier: ............................................................108
2. Senator P.M. Bailhache : ..............................................................108

10. Tasers: deployment and use in Jersey by the States of Jersey Police (P.18/2014)....109

10.1 Senator B.I. Le Marquand (The Minister for Home Affairs): ..........................109

1. Deputy J.M. Maçon:................................................................114
2. Connétable M.P.S. Le Troquer of St. Martin : ......................................116
3. Deputy M. Tadier :..................................................................119
4. The Connétable of St. John : ........................................................121
5. The Connétable of St. Brelade:.....................................................123
6. Deputy S.Power:..................................................................125
7. Deputy R.G.Bryans:...............................................................125
8. The Deputy of St. Martin : ..........................................................126
9. Deputy J.A. Martin: ................................................................126
10. Senator L.J. Farnham : ...........................................................127

11. Deputy N.B. Le Cornu:..........................................................127
12. Deputy J.A. Hilton:..............................................................128
13. Deputy M.R.Higgins:...........................................................128
14. Senator B.I. Le Marquand:......................................................128

11. Draft Statute Law Revision (Miscellaneous Provisions) (Jersey) Law 201- (P.21/2014) ..........................................................................................130

11.1 Senator I.J. Gorst (The Chief Minister):...............................................131

1. Deputy J.H. Young: ................................................................131
2. Senator P.M. Bailhache :............................................................132
3. The Connétable of St. John : ........................................................132
4. Senator I.J. Gorst : ..................................................................132

12. States of Jersey Development Company Limited: re-appointment of Chairman and Non-Executive Directors (P.23/2014)..................................................133

12.1 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):....................134

1. Deputy R.G. Le Hérissier:..........................................................134
2. Deputy J.H. Young: ................................................................135
3. Senator S.C. Ferguson:.............................................................135
4. The Connétable of St. Brelade:.....................................................135
5. Deputy M. Tadier :..................................................................135
6. Senator P.F.C. Ozouf : ..............................................................137

STATEMENT ON A MATTER OF OFFICIAL RESPONSIBILITY........................138

13. The Minister for Treasury and Resources - statement clarifying an answer given to an oral question in respect of the States of Jersey Development Company..............138

13.1 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):....................138

1. Deputy J.A. Martin: ................................................................139
2. Deputy M. Tadier :..................................................................139
3. Deputy M. Tadier :..................................................................140
4. The Deputy of St. Martin : ..........................................................140
5. Senator L.J. Farnham : ..............................................................140
6. Deputy J.H. Young: ................................................................140
7. Deputy S.Power:..................................................................141
8. Deputy J.M. Maçon:................................................................141
9. The Connétable of St. John : ........................................................141

ARRANGEMENT OF PUBLIC BUSINESS FOR FUTURE MEETINGS ..................142

14. Deputy J.M. Maçon (Chairman, Privileges and Procedures Committee): ..............142

1. Deputy S.Y. Mézec :...................................................................142

1. Deputy M. Tadier :..................................................................143
2. Senator I.J. Gorst : ..................................................................143
3. Deputy R.G. Le Hérissier:..........................................................143
4. Deputy S.Y. Mézec :................................................................144

2. Senator F. du H. Le Gresley:..........................................................144

1. Deputy J.M. Maçon:................................................................145
2. Senator I.J. Gorst : ..................................................................145
   3. The Connétable of St. Clement:.......................................................145

1. Senator I.J. Gorst : ..................................................................146
2. Senator P.F.C. Ozouf : ..............................................................146

4. The Connétable of St. Clement:.......................................................146

1. Deputy J.H. Young: ................................................................146
2. Senator I.J. Gorst : ..................................................................147
3. The Connétable of St. John : ........................................................147
4. Deputy J.M. Maçon:................................................................147
5. Senator L.J. Farnham : ..............................................................147
6. Deputy M. Tadier :..................................................................147
7. Deputy A.K.F. Green..............................................................148
8. The Deputy of St. Martin : ..........................................................148
9. Deputy J.A. Martin: ................................................................148
10. Senator F. du H. Le Gresley:....................................................148
11. The Connétable of St. Clement:..................................................149

ADJOURNMENT..............................................................................150

[9:31]

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

1. The Bailiff :

I have no matters under A.

QUESTIONS

2. Written Questions

1. THE CONNÉTABLE OF ST. LAWRENCE OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING LOANS TO LAND OWNERS REGARDING REMEDIAL WORK TO PREVENT ENCROACHMENT ONTO MAIN ROADS:

Question

In view of the Minister's responsibilities under the Loi (1914) Sur la Voirie to maintain main roads and prevent any encroachment onto them, will the Minister, following a number of landslides onto main roads around the Island (and in particular, onto Mont Felard in St Lawrence when the main road was blocked for some months), have formal discussions with the Minister for Treasury and Resources to progress the idea of enabling loans by the States to landowners to enable them to undertake remedial work to either prevent encroachment onto main roads or to remediate encroachment?

Answer

The Minister for Transport and Technical Services has responsibilities under the Loi Sur La Voirie I also have restrictions which preclude me from acting in the event that a landslide occurs from land in private ownership. In this instance it is the responsibility of the landowner to repair the landslide and not the Highway authority. Under the Loi sur la Voirie (1914) the Connétable also has powers to require the owner to remove the collapse even though it may be entirely due to natural causes.

When land slips occur from private land on the public highway my officers meet with the landowners to encourage them to realise their responsibilities and to persuade them to undertake the works as quickly as possible. This can often be a protracted period due to the potential cost of remedial works that the land owner faces.

The Transport and Technical Department's (TTS) responsibility is to ensure that the road is safe for the public to use and this can mean road or lane closures for the period from the collapse to the completion of the works to rebuild the slope or wall. In some situations this can result in long delays and inconvenience to the public.

I am happy to commit to discussions with the Minister for Treasury and Resources and revert back to the Connétable with the outcome of those discussions.

2. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE JERSEY ELECTRICITY COMPANY AND RECENT TRENCH WORK:

Question

Would the Minister inform members whether that the JEC will need to re-open some of the company's recent trench work in order to put the new high voltage cable into the ducting and, if so, advise where those road works will be, when they will take place and for how long, and how his department will mitigate any ensuing traffic disruption?

In the event some of that work will be in the newly re-surfaced Rue à Don, would the Minister explain how that fits in with the moratorium on digging up freshly re-surfaced roads?

Answer

There are three remaining road work' packets associated with the JEC's Normandie III' project to be carried out on roads administered by TTS by its contractor Prysmian Group (and sub-contractor Jayen):-

• La Rue a Don - Construction of Joint Bay 5 / 6 and Cable Pulling – 12th March to 12th April: The work is being carried out under Portable Traffic Signals and is located between La Cache des Pres and Paddock End. This section of road was specifically omitted from TTS' phase 1' resurfacing of La Rue a Don in 2013 and is not under embargo.
• Plat Douet Road - Duct Crossing – 13th to 27th April (Easter School Holidays): The work which will provide a link between recently installed ducts in La Grande Route de St. Clement (Inner Road.) and Green Road will provide the final link in the duct network from Gorey to South Hill. La Grande Route de St. Clement (the Inner Road.) will be closed at its junction with Plat Douet

Road between 9am and 9pm daily from Sunday 13th April until Friday 18th April. The road will be then reopened over the Easter Weekend. Plat Douet Road will then be closed between Green

Road and La Grande Route de la Cote (the Coast Road) until Sunday 27th April.

• La Greve d'Azette - Construction of Joint Bay 1 / 2 and Cable Pulling – 28th April to 14th June: The work is being carried out under Portable Traffic Signals and will be located just to the east of Beach Road with the joint bay being sited off to the side of the road.

None of the above works are sited on newly resurfaced road.

Note: Unrelated to this the JEC have agreed to fund the full lane width resurfacing of the Coast Road from Green Road to South Hill, which will be carried out by TTS once the JEC's trench line has been deemed stable and unlikely to settle.

3. DEPUTY S.S.P.A. POWER OF ST. BRELADE OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE FUEL CONSUMPTION OF THE OLD INCINERATOR AND THE ENERGY FROM WASTE PLANT:

Question

Would the Minister provide details of the following figures -

1: the overall consumption of fuel oil used in the assistance of combustion by the old three

stream incinerator in the years 2001 to de-commissioning, by year;

2: the overall consumption of fuel oil used in the assistance of combustion by the new Energy

from Waste plant by year since commencement?

Answer

1. The old three stream incinerator did not use auxiliary fuel oilto assist with or initiate the combustion of waste. This is because the old plant was not designed to be Waste Incineration Directive (WID) compliant.
2. The new La Collette plant is WID compliant and partof the criteria for WID isthattheplant must not process waste when the furnace temperature is below 850oC. Fuel oil is used to raise the furnace temperature above 850oCsothatwastecanthen be introduced into the furnace in

compliance with WID. A small amount of fuel oil is used to supplement combustion if waste with an abnormally low calorific value is fed into the furnace. The supplementary fuel is only used for a short period until the waste returns to a normal calorific value and normal unassisted combustion is stable.

The quantity of fuel oil used is listed below:

Year Fuel Oil (kg)

2011 582,3201 2012 108,2861 2013 106,2251 2014 8,9032

1. Much ofthe fuel oil was used for the commissioning and testing of the plant. It is expected that the fuel oil consumption will drop this year and in future years.
2. 2014 figures for January and February.

4. THE CONNÉTABLE OF ST. JOHN OF THE CHAIRMAN OF THE PRIVILEGES AND PROCEDURES COMMITTEE REGARDING AMENDMENTS TO INFORMATION TECHNOLOGY EXPENSES FOR STATES MEMBERS:

Question

Following the announcement of changes to the means of providing and funding IT services for States members will the Chairman explain –

1. whythe decision wastakentochangethe previous methodof paying broadband costsaspartof phone billing;
2. how the new funding mechanism will operate and, in particular, whether members will haveto prove that they have spent their allowance on IT technology, what happens to expenses for members who have already stated they will not stand again for election and whether partofthesum will be reclaimed if a member loses his or her seat at the election;
3. whether PPC will liaise with the Information Services Department toputinplace appropriate methods to ensure that all equipment used is checked for legacy data clearance when a member leaves office?

Answer

1. The need to change the broadband billing refund system was effectively forced on the States by the introduction ofthe new Jersey Telecom billing system. Under the old JT system the company was content to receive payment for the costof members' basic 2Mb broadband service separately fromother parts ofthe phone bill paid by the member but when the new billing system was introduced JT made it clear thatthis would no longer be possible. The States Information Services Department and the PPC were therefore forced to consider an alternative method of paying broadband costs for members as has been done for some 10 years. The new system has the added advantage that members now have the opportunity to decide what broadband package they want in order to carry out their States work and gives them the opportunity to decide whether they want to claim expenses to cover the cost of their broadband provision, orto meet the cost themselves. Aspartof the change it wasalsodecidedtostoptheprovisionoflaptopsto members and to allow them instead to use a wider rangeof devices than Information Services could supply and support under the previous arrangements.
2. The changes have been funded under the existing £31,000 budget for members' Information Services provision and have led to no increase in costto the tax payer. This equates to an allowance of £600 per annum per States member. As 2014 is an election year, the allowance has been prorated down to £550. This is because members whoarenot elected for a further termof office will receive remuneration, including expenses, until the endofNovember2014.Those members whoare re-elected will be ableto claim their December 2014 allowance at that time. Members have all received an Information Services Claim Form that they can submit to the States Greffe. To date, 23 States members have requested an allowance, totalling £12,650.If members continue toreceivethe basic JT broadband package, this would cost £17.99 per month, equating to £215.88 per annum, which is over one third ofthe provided allowance. The IS department will also no longer be required to maintain devices which have been purchase privately. Members are not required to prove that the money has been spent on information technology, but in filling outthe form they specify the amount they wish to claim, which is stated as being "towards thecostofthe provision of hardware, software and broadband services in relation tomyworkas a States member". The States Members' Remuneration Review Body will be asked to consider how the expenses can be reflected within the standard expenses allowance from 2015. This was communicated to members in my letter of 3rd January 2014.

3. PPC has been informed by Information Services ofthe already existing protocols regarding legacy data. If a member has a StatesofJersey issued laptop then Information Services will work with the member at the end of their term of office to remove information that is personal in nature. The device will then be securely wiped and returned to Information Services. Corporate email will be wiped fromany device, whether it is the member's own, or corporate, at the end ofthe member's termof office or on the validated request ofthe Privileges and Procedures Committee or the Greffier ofthe States. This process can be completed remotely by Information Services. Other information that might be related to, but is not clearly identified as corporate, will not be dealt with unless the Committee specifically asks Information Services to be involved. Such information may include, but not be limited to, physical letters that have been created in Word, saved, printed and sent by post or emails that have been sent from non-States of Jersey accounts. States members are all subject to Data Protection requirements, whichalsoapplytoanypaper documentation in the possession of any States member.

5. THE CONNÉTABLE OF ST. JOHN OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING BUDGET UNDERSPENDS AND THE COST OF CANCER DRUGS:

Question

Further to the situation that arose last year when a patient who had been sent from Jersey to Southampton and recommended treatment using the drug cabazitaxel was declined this treatment on return to Jersey because this drug was not made available by the Hospital (even though it might have improved his quality of life before he passed away) will the Minister, in view of the budget underspend recently reported, give serious consideration to setting aside funds to ensure that the treatments recommended by specialists in Southampton can be implemented when patients return to Jersey and, if not, why not?

Answer

The Department's 2013 under spend and approved use of this under spend is fully documented in the Minister for Treasury and Resources' decision MD-TR-2014-0011.

This has been considered by Council of Ministers and approved by the Minister for Treasury and Resources as set out in MD-TR-2014-0011. This includes funding for a number of very urgent and largely unavoidable clinical priorities including essential high cost off island placements, a targeted reduction in the waiting time for surgery, and measures to manage hospital capacity pending the development of new hospital facilities.

I have given this issue serious consideration to a whole range of issues including this one. In discussion with clinical colleagues and have concluded that for 2014 the existing policy remains.

As I explained in my answer to my oral question 7790 / 2013; importantly all treatments recommended by specialists from Southampton and other UK specialist centres are individually clinically considered and assessed according to our existing policy.

6. THE CONNÉTABLE OF ST. JOHN OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE MONITORING OF WATER FOR THOSE HOUSEHOLDS NOT ON THE MAINS WATER SUPPLY:

Question

Following the exceptional rainfall over the winter period, what action, if any, was put in place by the department to encourage households not on mains water to have their domestic water supplies tested for bacteria, e coli, etc. and did any advertising take place to warn householders of the potential danger from run off from land or soak-aways getting into their private water supplies?

Does the Health department work with the Environment department to manage potable water supplies to households, in particular where very young children or vulnerable people of all ages are present? Will the Minister work with Minister for Planning and Environment to put funding in place so households can get their drinking water tested free of charge or at least review the charges with a view to reducing the current fees charged for testing?

Has the Minister raised with the Council of Ministers the issue of additional funding to extend mains water supplies to improve health during her term of office and does she support TTS' moves to extend main drains to the last 13% of the island?

What action has her department taken in response to the St John slurry contamination incident on 24th February?

Answer

In answering this question I also refer the Connétable of St John to the answer I gave to his question 1240/5(7788) of 10 September 2013.

The "mains" supply of potable water is managed by Jersey New Waterworks and water rates are paid for such supply. Where residents choose not to access this supply, or are unable to, other arrangements are made, most commonly a borehole supply. The Environment Department licences abstraction from boreholes. Clearly, properties connected to such supplies are not subject to water rates. Typically such a supply will be fitted with the necessary filters to ensure a wholesome supply, and the maintenance of such equipment is the responsibility of the owner. Similarly, the property owner is responsible for arranging for tests on their own supply. These are carried out by the Public Analyst. Where adverse results are found the supply users are referred to the Public Health Department where advice is available on remedying.

The department encourages everyone not on the mains supply to have regular tests on their water supply. This is to ensure that the water is safe and that any treatment on the supply is functioning well. Advice is available on the States of Jersey website.

Any borehole supply should have sufficient source protection to prevent direct contamination from run-off, even in the wettest of conditions. Wells may be more susceptible to direct contamination, but again suitable source protection should prevent this.

It is possible that the groundwater becomes more polluted than usual during certain climatic conditions, and we would recommend that any private water supply should have treatment fitted capable of dealing with such spikes in pollution.

No advertising took place with regard to private water supplies and potential contamination. The Health Department does work with the Environment Department with regard to water quality. Advice is given to pregnant women and mothers of small children with regard to water quality, in particularly increased nitrate concentrations.

The charges for testing water supplies are set by the States Official Analyst. It is for the owner of the supply to ensure that a supply is safe, and a test should be part of a maintenance regime for their system. The costs would be part of ensuring their supply was safe. People on private supplies do not pay water rates and this should go some way to offsetting costs of operating a private supply.

I have not raised with the Council of Ministers the issue of additional funding to extend mains water supplies. The department would support as many properties as is practicable being connected to mains drains.

The department has been working with the responsible agency which is taking the lead on the St John incident, and is ready to give advice on health related issues should that be necessary.

7. THE CONNÉTABLE OF ST. JOHN OF THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING CHARGING FOR MUSIC LESSONS:

Question

Further to the lack of reply to date from the Minister to an e-mail sent on 16th March 2014 would the Minister now respond to the questions raised in that e mail, namely -

1. Why is Jersey following the United Kingdom in deciding to charge for music lessons?
2. If charges are introduced what safeguards will there be for children from families who are in a middle income bracket and who do not qualify for lessons paid for by the States but who cannot afford to pay themselves and, if no safeguards are in place, would the Minister take action to rectify this imbalance?
3. Is the Minister's department recommending that some music lessons are moved to Saturdays and, if so, why was this decision taken when many students take part in sport activities which are beneficial for their health on Saturdays and will now have to choose between sport and music? Would the Minister agree to change the school curriculum instead to accommodate both?
4. Will the Minister undertake to review the decision to charge for music lessons and carryout a review of the proposed changes?

Answer

1. The rationale for this change was setout in P36/2013 Jersey Music Service: Introduction of user pays' charges, which was approvedby the States on 30 April 2013. States Members voted 31 to 9 in favour ofthe proposition, with one abstention. A copyofthe proposition is attached for information. I would also refer the Connétable to the Hansard recordofthe debate and the comments of the Scrutiny Panel that reviewed the proposal.

This matter had also been considered previously as part of the Comprehensive Spending Review and Medium Term Financial Plan so it has been in the public domain for some time.

2. The introduction ofthe charges was a difficultdecision but it has been the catalyst for the JMS to review and update what it does. This excellent service will be reinvigorated and expanded as a result, while still providing the popular rangeof ensembles, orchestras and concerts it previously did.

To recap my position, I would like to continue to provide this service free of charge but that is no longer possible. ESC has to focus its expenditure on its core, statutory responsibilities. The lessons provided by the Jersey Music Service  are not part of this. They are extra- curricular and, like many other hobbies followed by young people, are optional and followed by those who choose to do so.

The service is still heavily subsidised by the States. To assist middle income families the fees have been kept as low as possible and are generally less than the charges levied by private tutors. Also, there are appropriate safety nets in place that will ensure free or reduced price lessons to support:

• Families with more than one child using the service;
• Children from families that receive Income Support;
• Musically talented children from families with an income of less than £47,000.

The introduction of the user pays charge gives the JMS an opportunity to generate its own income (much as a fee-paying school does) rather than rely on a limited fixed budget. It can use the new income to recruit additional tutors and meet extra demand that it cannot currently cater for. The aim is that this, combined with the safety nets, will result in more children from a wider range of schools having access to the service.

3. Some – not all – lessons are being scheduled for Saturdays but only because parents have specifically requested to have them outside theschool day. Otherstudentswillstill be ableto have them during weekdays as has always been the case. This is another improvement tothe existing service, which has responded to customer demand. Lessons are optional and times/days are entirely a matterofparental choice. They can be arranged to best meet the needs of particular students and their parents and the JMS will try to accommodate requests if families raise concerns.

Music and sport will both remain part of the school curriculum that is taught during the school day.

4. P36 committed to reviewing the charging system after the first three years of operation and this willtake place in the summer of 2017. In the meantime, the JMS managers will be monitoring the uptake of the service and reacting to customer requests.

8. THE CONNÉTABLE OF ST. JOHN OF THE MINISTER FOR SOCIAL SECURITY REGARDING BENEFIT FRAUD IDENTIFIED OVER THE LAST FIVE YEARS: Question

Would the Minister inform members of the total value of fraud that has been identified by the Social Security department over the period 2009 to 2013 breaking the total down into the categories of fraudulent claims for sickness, unemployment, pensions, income support and others?

How many people were convicted in court in relation to these frauds and what value of funds was recovered over this period?

Answer

The Department introduced a new fraud strategy and increased manpower during the latter part of 2010, enabling a more proactive approach to combatting fraud. In addition the Department receives support from the public who provide anonymous information on potential benefit fraud via the dedicated fraud hotline 0800 735 1111 and webpage www.gov.je/Benefits/BenefitFraud.

All leads relating to potential fraud are investigated and are prioritised based upon the quality of the information  provided,  the  likely  risk  of  the  fraud  occurring,  and  the  value  of  any  potential overpayment.

Often leads are identified as genuine mistakes from claimants rather than fraud and these can be quickly  rectified  and  repayment  arranged.  However,  in  the  event  that  fraud  is  suspected investigations are conducted in accordance with PPACE (Police Procedures and Criminal Evidence (Jersey) Law 2003), and RIPL (Regulation of Investigatory Powers (Jersey) Law 2005.

During the years 2009 – 2013, the Fraud Team has identified and taken action to recover amounts as per the table below. There has been an increase in the sums, identified by this Team, of amounts incorrectly or falsely claimed, including fraud, since 2010 when the Department implemented a new approach for fraud detection.

*The total value detected in 2013 although less than in previous years does not include 5 fraud cases which were referred for prosecution during 2013 with a value of £113,093. None of these cases have been heard to date and we are still awaiting court dates.

The time taken to conclude an investigation varies depending on the nature and complexity of the case. A simple case may be a few hours' work, but something much more complex, and of a greater monetary value, that could be referred for criminal prosecution can take months from beginning to end.

The Department will, in all cases, endeavour to recover all monies falsely claimed either fraudulently or otherwise. In the first instance repayment is requested in the form of a lump sum. If there is an ongoing claim we can recover from current entitlement or in some cases, based upon each individual's financial circumstances, by way of an instalment agreement. If they renege on an agreement to repay we may seek a Petty Debts or Royal Court Judgement to safeguard the debt. When a compensation order is granted by the Court, payments are made directly to the Viscount's Department and we do not receive the funds until the debt is paid in full.

The Department considers prosecution where appropriate, which is both time consuming and costly to the States of Jersey. All cases are reviewed regularly throughout the investigation ensuring that they meet the criteria outlined in the Centeniers' Guidelines. This ensures that time and effort is spent appropriately, and that the investigation is proportionate to the alleged fraudulent activity. The final decision to prosecute rests with the Attorney General.

Between 2009 & 2013, there were 20 prosecutions where convictions were secured. As mentioned above, there are 5 prosecutions pending court dates.

9. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE CHAIRMAN OF THE COMITÉ DES CONNÉTABLES REGARDING THE COLLECTION OF BANNELAIS IN PARISHES:

Question

Would the Chairman advise which of the parishes continue to collect bannelais and, for those that do, do they dispose of it for agricultural or other purposes?

Answer

Bannelais, or road sweepings, are collected by 3 parishes. St Brelade use it for composting; St Peter use it for any purpose for which it is suitable (but report that demand is almost non-existent); and St Helier (which by agreement with the Transport and Technical Services Department now deals with only those roads within the ring road) do not use it for agricultural or other purposes.

Five other parishes ( Grouville , St John, St Mary, St Ouën and Trinity ) use a contractor and we understand the contractor uses the bannelais for agricultural purposes.

10. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR HOME AFFAIRS REGARDING THE NUMBER OF STAFF RESIGNATIONS AT H.M.P. LA MOYE OVER THE LAST FIVE YEARS:

Question

How many prison staff, by job function, have resigned in each of the last five calendar years and what reasons were cited?

Answer

Staff are not obliged to cite reasons for resigning from their place of employment and when they choose to do so, they are entitled to confidentiality. Consequently, my response is intended to provide the information requested without identifying any particular individual.

The  table  provides  a  breakdown  of  resignations  by  role  each  year.  The  reasons  for  leaving (although not always expressed in the letter of resignation) were as follows:

Leaving Jersey - 10 New Job - 12 Personal - 12

* Prison Officer includes Nurses

** Civilian Support Grade includes vocational training instructors, catering officers and engineers

*** Civilian Grade includes teachers, psychologist or psychological assistant, drug and alcohol

counsellors and administration support staff.

These figures do not include staff members who have retired having reached pensionable age. Staff Complement 2013:

11. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING ACCESS TO MENTAL HEALTH SERVICES: Question

Will the Minister advise what steps, if any, are being taken to improve provision of, and access to, mental health services in the Island, including the reduction of waiting times to see psychologists and will she also include in her answer details any additional funding and resources that are being made available, including timelines?

Answer

The Health and Social Services Department is now at a transformational time in relation to the provision of psychological therapy on the Island and is in the implementation phase of "Jersey Talking Therapies". This means that there will be increasing numbers of staff who will work directly with individuals that have mild to moderate difficulties such as anxiety and depression to provide psychological therapy at the right place and at the right time into the future.

HSSD has just this week advertised to recruit some 13 staff. Of this 13 new staff, 8 will be Psychological Therapists who will offer up to 20 sessions of therapy and 5 will be Psychological Well Being Practitioners who will offer shorter interventions for individuals lasting up to 8 sessions. It is hoped that all of these staff will be in place within a few months.

This increase in investment in 2014 is just over £700,000 growing to an additional £1.13m investment in services in 2015. To manage and reduce the current wait within the Psychological Assessment and Therapy Service, HSSD is employing a full time locum psychological therapist who is due to start next month. This should reduce the waiting list. This year there will be a comprehensive review of all the mental health services provided. This work will inform a new Island-wide Strategy for Mental Health which will set out the strategic direction for services and facilities in the Island.

In addition, work is underway reviewing the Island mental health legislation.

12. DEPUTY M.R. HIGGINS OF ST HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING A BREAKDOWN OF COURT AND CASE EXPENDITURE FIGURES:

Question

Will the Minister -

1. provide a breakdown of the actual expenditure figures given in his answer to a question on 18th march 2014 on court and case costs (1240/5/(8205)) setting out the main expenditure items (budget headings) for the years 2003 and 2013so that members can fully understand what the money was spent on and trends in expenditure;
2. explain indetailthechangestolegalaid, guardians in children'scases, reductions in external legal advice referred to in the previous answer?

Answer

1. The level and breakdown ofCourt and Case Costs incurred is dependent on type and number of cases and will vary significantly between financial years. Court and Case Costs incurred between2006and2013under their budgetary headings astheyappear in the Annual Financial Report and Accounts are as follow;-

Prior to 2006 Court and Case Costs were recorded and classified in a different way, and whilst it is possible to obtain the information from the accounting system, we would not be able to produce it in the deadline given. Should the Deputy wish to obtain this additional information, more time will be required.

2. The changesto legal aid referred to in the previous answer relate to a fixed fee procurement process in which lawyers on the Public Law Children's Panel are invited to submit competitive fixed price bids. This has been in place since 2011 and has achieved a reduction in total expenditure by replacing the previous system in which lawyers were paid at a fixed hourly rate. Payments madeto lawyers representing the parents in children's cases have mirrored the fixed fee payments and this, too, has achieved savings over previous methods of remuneration. Since 2012, significant savings have been achieved through appointing more local Guardians and greater standardisation of fees and expenses for external or non-local Guardians. The significant reductions in expenditure fromCourt and Case Costs in the years 2011 to 2013 from the amounts  expended  in 2009 and 2010 demonstrate that far  more  Children's and Criminal work has been delivered internally and that other expenditure on external legal advice has been monitored and controlled more effectively.

13. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR EDUCATION, SPORT  AND  CULTURE REGARDING  CONSTRUCTION  AND  ENGINEERING SERVICES:

Question

Will the Minister set out for members for the period 2003 to 2013 details of -

1. all the construction and engineering courses offeredto students leading to a qualification, showing the numbers who started and qualified in each course at the end of the year;
2. all  the  computer  courses  offered  to students  leading  to a  formal  qualification,  showing numbers of students who started and qualified at the end of each year?

Answer

It  has  not  been  possible  to  compile  this  information  within  the  limited  time  available.  The Department will prepare the answer and forward it to Deputy Higgins as soon as possible and circulate it to States Members.

14. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE CRIMINAL OFFENCES CONFISCATION FUND:

Question

Will the Minister set out for the period 2003 to 2013 the amount of money received into the Criminal Offences Confiscation Fund in each year and detail, using main budgetary headings, how this money was distributed in each year?

Answer

The amount of money received and expenditure incurred between 2003 and 2013 as listed under their budgetary headings within the Annual Financial Report and Accounts were as follows;-

The level of income received and expenditure incurred by the Criminal Offences Confiscation Fund is dependent  on case activity. For  example,  in 2011 a  large confiscation (£29  million)  and subsequent expense (£22.6 million) was incurred which related to an assets sharing agreement following the Bhojwani case.

The Criminal Offences Confiscation Fund is used in accordance with Article 24 of The Proceeds of Crime (Jersey) Law 1999. Monies in the Fund do not form part of the annual income of the States and are a Special Fund for the purposes of the Public Finances (Jersey) Law 2005. They have been applied for the following purposes:

1. (i)  in preventing, suppressing or otherwise dealing with criminal conduct,

2. in dealing with the consequences of criminal conduct, or
3. without prejudice tothe generality of clauses (i) and (ii), in facilitating the enforcement of any enactment dealing with criminal conduct;

2. discharging Jersey's obligations under asset sharing agreements; and
3. meeting the expenses incurred by the Minister in administering the Fund.

Applications for use of the Criminal Offences Confiscation Fund are submitted to the Treasury by Departments. Before supporting any measure and distributing any funds the Attorney General and other appropriate persons or bodies are consulted. Grants paid during the period 2003 to 2010 and in 2012 mainly related to payments made to Law Officers' Department, Judicial Greffe, Viscount Department and Bailiff 's Chambers for Court and Case Costs which exceeded base budgets in those years. The higher values relating to Court and Case Costs during the years 2007 to 2009, for example those relating to the complex Michel and Bhojwani cases, are shown below as a table:

In addition to the above, the Fund awarded grants in the sum of £340,000 in 2007 and 2008 to the Jersey Financial Services Commission.

In 2011 and 2013 grants were paid to the Home Affairs Department relating to the Fire and Rescue Service's No impairment of Service' Agreement and the Drunk and Incapable Unit and CCTV (£404,000 and £88,000 respectively), and in 2013 to the Judicial Greffe  for Domestic Abuse Training.

15. DEPUTY  M.R. HIGGINS  OF  ST.  HELIER  OF THE  CHIEF  MINISTER REGARDING  THE  EXPENDITURE  ON ENTERTAINMENT  AND CIVIC FUNCTIONS BY THE CHIEF MINISTER AND BAILIFF'S CHAMBERS:

Question

1. Will the Chief Minister set out for the period 2003 to 2013 how much money was spent in each year on entertainment, civic functions and celebrations -

1. by the Chief Minister; and
2. by the Bailiff 's Chambers?

2. Will the Chief Minister set out all areas of duplication and difference between the activities of his office and thatofthe Bailiff in non-judicial and States functions and explain whether he considers that there are any areas that can be reallocated or discontinued in one or other of the offices?

Answer

(a)

(b) The functions of the Bailiff as Civic Head are explained within the Review of the Roles of the Crown Officers presented to the States Assembly by the Chief Minister on 6th December 2010 (R.143/2010). The responsibilities of the office of Chief Minister are outlined in the latest report on Ministerial Responsibilities presented to the States Assembly by the Chief Minister on 18th February 2014 (R.19/2014). As can be seen from these documents, rather than there being areas of duplication, the respective functions and responsibilities of each position are different and complementary to each other.

16. DEPUTY M.R. HIGGINS OF ST HELIER OF THE MINISTER FOR HEALTH AND SOCIAL  SERVICES REGARDING  THE  WAITUING  TIMES  FOR  MEDICINAL PROCEDURES:

Question

1. Further to the answer given on 19th January 2010 (5026) would the Minister provide an update,  for  each  medical  discipline/specialism  (for  example:  cardiology,  neurology, orthopaedics etc), of -

1. the number of consultants employed on a full time and part time basis in each area?
2. (i)  the  number  of non-private  health  insurance  people  on  waiting  lists  to see  a consultant in each area; and

(ii)  the average waiting time for these to see the consultant?

3. (i)  the number of private health insurance people on waiting lists tosee a consultant in each area; and

(ii) the average waiting time for these people to see the consultant?

2. The total number of operations performed in each discipline at the hospital for each year from 1st January 2008 to 31st December 2013 stating -

1. the number of private and non-private operations carried out in each discipline for each year;
2. the cost of performing these operations in each area for each year for non-private health insurance patients and private health insurance patients?

3. The number, disciplines and costs of locums and agency nursing staff employed by the hospital for each year from 1st January 2009 to 31st December 2013?

Answer

I kindly refer Deputy Higgins to the response given to question 5026 in 2010 which was identical to this question. I have therefore attempted to combine the answers for ease of reference.

Answer to Question 1 a - Please see chart 1 below Chart 1 Number of Consultant Posts

Answer to Question 1 b (i) & (ii) - Please see chart 2 below Chart 2 Waiting List Numbers and Average Wait Times

Answer to Question 1c (i) & (ii)

HSSD does not hold any information on private waiting lists or times as this is managed by the consultants in their independent private businesses. Almost all private out-patient consultations take place off HSSD premises.

Answer to Question 2 a & b - Please see charts 3 and 4 below

Chart 3 - Number of Procedures by Speciality and Private or Public Patients

The table below sets out the number of procedures, by specialty, for each of the years 2010 to 2013. The available data for 2008 & 2009 was provided in response to the question raised in January 2010.

As reported in 2010 costs at this level of detail have not historically been available. These costs are available for 2013 and are shown in the table below.

Chart 4 - Cost of performing operations by Specialty and Public or Private Patients

Note 1: The costs above include only the direct costs of performing operations. Note 2: Private patient costs are fully recovered through charges raised.

Answer to Question 3 - Please charts 5 and 6

Chart 5 Medical Agency Costs and Numbers of Locum Doctors Used

Chart 6 Nursing Agency Costs and Numbers of Locum Nurses Used

17. DEPUTY J.H. YOUNG OF ST. BRELADE OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE SEARCH FOR A SUITABLE SITE FOR CONTROLLED SORTING OF WASTE FROM SKIPS: Question

Will the Minister inform the Assembly whether, since his election as Minister, he has taken any steps towards, or made any progress whatsoever, in identifying a suitable site in public ownership for controlled sorting of waste from skips by private operators, in fulfillment of the decision of the Assembly on 29th September 2010 which approved the proposition entitled "Recycling of waste materials: identification of suitable sites" (P.97/2010) as well as his predecessor's commitment in answer to a question on 18th January 2011 and, if not, will he explain why he has not given instructions that this requirement is be included in the plans for the proposed new recycling centre on land within the department's management at La Collette?

Answer

I do not believe that it is the role of TTS to identify publicly-owned land for private uses. It is the responsibility for private waste operators to identify their own land-use requirements and either apply for planning permission in the normal way, or gain wider acceptance of their site requirements through the Island Plan process.

The Transport and Technical Services Department is responsible for the Solid Waste Strategy and good practice is to encourage waste prevention and reuse before recycling or disposal. Construction and demolition sites should avoid mixed waste generation and residual waste should not be mixed at the point of generation, eliminating the creation of mixed loads that require separation before recycling and disposal. Planning require site waste management plans for larger developments which support this approach. With good practice of source separation the need for a mixed load sorting facility would be negated.

To incentivise this good practice the Department charges range from £119.99 up to £188.90 per tonne for mixed loads compared with £4.17 per tonne for recyclable inert waste loads. This policy has been effective with mixed loads received at La Collette falling consistently from 22 in 2008 to 2 in 2013.

The continual decline in mixed loads received indicates that the construction industry is reducing mixed loads by separating the waste at source to avoid mixed load charges and increase recycling. This suggests that the need for a mixed load sorting centre has fallen away.

18. DEPUTY G.P. SOUTHERN OF ST HELIER OF THE CHIEF MINISTER REGARDING O.E. C.D COMMON REPORTING STANDARDS:

Question

Does the Chief Minister accept that in signing up to the OECD Common Reporting Standard (CRS), rather than simply "committing ourselves to early adoption of the highest standards in tax transparency" and "inviting others to join us" Jersey has been reluctantly forced by the UK and US authorities into automatic tax information exchange, otherwise known as "a level playing field" which the Island has hitherto refused to recognise?

Does the Chief Minister further accept that, whilst the agreement refers to tax evasion, the Common Reporting Standard in fact covers a broad scope of financial assets and institutions and account holders, including individuals and corporate entities such as shell companies, which will limit the scope for "tax avoidance" activities, in which the Island specialises as well as "evasion" activities?

Answer

Jersey has not been reluctantly forced by the UK or the US authorities into automatic exchange of information (AEOI). Jersey has been waiting for evidence of the existence of a level playing field in the global application of a common standard.

Jersey had no difficulty in entering into an agreement with the USA on a FATCA intergovernmental agreement (IGA) because this is an agreement that has global application. This is why Jersey was one of the first countries to enter into an IGA with the USA.

The Common Reporting Standard (CRS) issued by the OECD and endorsed by G20 Finance Ministers has also been welcomed by Jersey because of its global application. We are one of the 44 countries that are in the "early adopters group" which issued a joint statement of commitment two weeks ago.