States Meeting Transcript - 3rd June 2014

STATES OF JERSEY OFFICIAL REPORT TUESDAY, 3rd JUNE 2014

COMMUNICATIONS BY THE PRESIDING OFFICER ......................................7

1. The Bailiff :..............................................................................7

QUESTIONS......................................................................................7

2. Written Questions........................................................................7

1. DEPUTY M.R. HIGGINS OF ST. HELIER OF H.M. ATTORNEY GENERAL REGARDING ARTICLE 123 OF THE PLANNING AND BUILDING (JERSEY) LAW 2002:....................................................................................7
2. DEPUTY M.R. HIGGINS OF ST. HELIER OF H.M. ATTORNEY GENERAL REGARDING PROCEDURES FOR PLANNING ENFORCEMENT ACTIONS:......8
3. DEPUTY M.R. HIGGINS OF ST. HELIER OF H.M. ATTORNEY GENERAL REGARDING ARTICLE 7(4) OF THE PLANNING AND BUILDING (JESREY) LAW 2002: ..............................................................................9
4. DEPUTY M.R. HIGGINS OF ST. HELIER OF H.M. ATTORNEY GENERAL REGARDING THE APPOINTMENT PROCEDURES FOR SENIOR POSTS:........10
5. DEPUTY J.A. HILTON OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING ASBESTOS IN JERSEY SCHOOLS:...................11
6. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING LEISURE BOAT FEES OVER THE LAST 10 YEARS COMPARISON TO COMMERCIAL FEES:........................14
7. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE CONSEQUENCES OF J.E.C. TRENCH RE-INSTATEMENT ON ROAD SURFACES AT HAVRE DES PAS:....................................................................................15
8. DEPUTY J.H. YOUNG OF ST. BRELADE OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING REGISTRATION FOR G.S.T. AND THE AMOUNT LEVIED ON PUBLIC TRANSPORT PROVIDERS:......................16
9. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING A BREAKDOWN OF THE CRIMINAL OFFENCES CONFISCATION FUND SINCE 2010: ..................................17
10. SENATOR P.F. ROUTIER OF THE CHAIRMAN OF THE PRIVILEGES AND PROCEDURES COMMITTEE REGARDING ACCESS TO STATES BUILDINGS FOR MEETINGS:......................................................................18
11. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING STEPS TO INITIATE CLOSER COOPERATION WITH THE FRENCH AUTHORITIES:.............................19
12. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING T.V. LICENCES:.....................19

13. DEPUTY J.H. YOUNG OF ST. BRELADE OF THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING MILLI'S CHILD CENTRE AT BEL ROYAL: 20
14. DEPUTY J.H. YOUNG OF ST. BRELADE OF THE MINISTER FOR HOME AFFAIRS REGARDING MILLI'S CHILD CENTRE AT BEL ROYAL:..............21
15. DEPUTY J.H. YOUNG OF ST. BRELADE OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING MILLI'S CHILD CENTRE AT BEL ROYAL:..21
16. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HOUSING REGARDING SOCIAL HOUSING WAITING LISTS:................................22
17. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING FAMILIES CARING FOR THE ELDERLY:..............22
18. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING A REVIEW OF ORGAN DONATION:...........................................................................24
19. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE PRIVILEGES AND

PROCEDURES COMMITTEE REGARDING REFERENDA PROCEDURES:.......25

20. DEPUTY J.H. YOUNG OF ST. BRELADE OF H.M. ATTORNEY GENERAL REGARDING THE DISCLOSURE OF INFORMATION BY THE MINISTER FOR PLANNING AND ENVIRONMENT:..................................................25
21. DEPUTY J.A. HILTON OF ST. HELIER OF THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING THE TRAINING OF STAFF TO MANAGE ASBESTOS IN JERSEY SCHOOLS: ..................................................26

3. Oral Questions...........................................................................27

1. Connétable J.M. Refault of St. Peter of the Minister for Treasury and Resources regarding the creation of public toilets at Le Port, St. Peter:............................27 Deputy E.J. Noel of St. Lawrence (Assistant Minister for Treasury and Resources - rapporteur):.............................................................................27

1. The Connétable of St. Peter:............................................................27
   2. Deputy M.R. Higgins of St. Helier of the Attorney General regarding the Viscount's recent decision to release creditor details of bankrupts to the media in the public interest': ................................................................................28 Mr. T.J. Le Cocq Q.C., H.M. Attorney General: ..............................................28

1. Deputy M.R.Higgins:..................................................................28
2. Deputy M. Tadier of St. Brelade:.......................................................28
3. Deputy M. Tadier :......................................................................29
4. Deputy J.H. Young of St. Brelade:......................................................29
5. Deputy S.Y. Mézec of St. Helier:.......................................................29
6. Deputy M.R.Higgins:..................................................................29
7. Deputy M.R.Higgins:..................................................................30

3. Deputy R.G. Le Hérissier of the Minister for Economic Development regarding the Channel Islands Competition Regulatory Authorities:..................................30 Senator A.J.H. Maclean (The Minister for Economic Development):.........................30

1. Deputy R.G. Le Hérissier: ..............................................................30
2. Deputy G.C.L. Baudains of St. Clement : ...............................................31
3. Senator A. Breckon: ....................................................................31
4. Deputy R.G. Le Hérissier: ..............................................................31

4. Deputy G.P. Southern of St. Helier of the Minister for Housing regarding efforts to increase supply of housing in the short and medium term: ..............................32 Deputy A.K.F. Green of St. Helier (The Minister for Housing):..............................32

1. Deputy G.P. Southern :..................................................................32
2. Deputy G.P. Southern :..................................................................32
3. Deputy J.A. Martin of St. Helier:.......................................................32
4. Deputy J.H. Young:....................................................................33
5. Deputy G.C.L. Baudains:...............................................................33
6. Deputy M. Tadier :......................................................................34
7. Deputy G.P. Southern :..................................................................34

5. Deputy J.A. Martin of the Minister for Education, Sport and Culture regarding the provision of information and voter registration forms in States-funded secondary schools: ................................................................................34 Deputy P.J.D. Ryan of St. John (The Minister for Education, Sport and Culture):............35

1. Deputy J.A. Martin:....................................................................35
2. Deputy C.F. Labey of Grouville :........................................................35
3. Connétable P.J. Rondel of St. John : ....................................................35
4. The Connétable of St. John:............................................................36
5. Deputy M. Tadier :......................................................................36
6. Connétable J.L.S. of Gallichan of Trinity :..............................................37
7. Deputy J.A. Martin:....................................................................37

6. Deputy J.H. Young of the Attorney General regarding the pending litigation between Harcourt Limited and its potential effect on the approved Esplanade Masterplan:......37 The Attorney General:........................................................................38

1. Deputy J.H. Young:....................................................................38
2. Deputy J.H. Young:....................................................................38

7. The Connétable of St. John of the Minister for Treasury and Resources regarding agricultural tax revenues:...............................................................38 Deputy E.J. Noel (Assistant Minister for Treasury and Resources - rapporteur):..............39

1. The Connétable of St. John:............................................................39
2. Deputy T.A. Vallois of St. Saviour:....................................................39
3. Deputy T.A. Vallois: ...................................................................39
4. Deputy J.H. Young:....................................................................39
5. Deputy M.R.Higgins:..................................................................40
6. The Connétable of St. John:............................................................40

8. Deputy J.A. Hilton of St. Helier of the Chief Minister regarding the publication of the Family W' Serious Case Review:......................................................40 Senator P.F. Routier (Assistant Chief Minister - rapporteur):.................................40

1. Deputy J.A. Hilton:.....................................................................41
2. Deputy R.G. Le Hérissier: ..............................................................41
3. Deputy R.G. Le Hérissier: ..............................................................41
4. Deputy J.A.Hilton:.....................................................................41

9. Deputy G.C.L. Baudains of the Minister for Economic Development regarding the maintenance of the Weymouth route:...................................................42 Senator A.J.H. Maclean (The Minister for Economic Development):.........................42

1. Deputy G.C.L. Baudains:...............................................................42
2. Senator L.J. Farnham :..................................................................43
3. Deputy S. Power of St. Brelade : ........................................................43
4. The Connétable of St. John:............................................................43
5. The Connétable of St. John:............................................................44
6. Deputy G.C.L. Baudains:...............................................................44

10. Deputy J.A.N. Le Fondré of St. Lawrence of the Minister for Treasury and Resources regarding the police relocation budget: .................................................45

Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................45

1. Deputy J.A.N. Le Fondré: ...........................................................45
2. Deputy S.Power:....................................................................46
3. Deputy G.C.L. Baudains: ............................................................46
4. Deputy J.H. Young: .................................................................46
5. Deputy J.H. Young: .................................................................47
6. Senator S.C. Ferguson:..............................................................47
7. Senator S.C. Ferguson:..............................................................47
8. Deputy J.A.N. Le Fondré: ...........................................................48

11. Deputy J.H. Young of the Minister for Planning and Environment regarding a review of the Masterplan for the Esplanade Quarter:..............................................48 Deputy R.C. Duhamel of St. Saviour (The Minister for Planning and Environment):.........48

1. Deputy J.H. Young: .................................................................49
2. Deputy J.H. Young: .................................................................49

12. Deputy G.C.L. Baudains of the Minister for Treasury and Resources regarding Jersey Telecom's proposed 28 per cent increase in broadband charges:........................49 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................50

1. Deputy G.C.L. Baudains: ............................................................50
2. Deputy T.A.Vallois:................................................................50
3. Deputy T.A. Vallois:................................................................51
4. Deputy S.Power:....................................................................51
5. Deputy G.C.L. Baudains: ............................................................52

13. Deputy M.R. Higgins of the Chief Minister regarding compliance with the Data Protection (Jersey) Law 2005: ..........................................................52 Senator I.J. Gorst (The Chief Minister):......................................................52

1. Deputy M.R.Higgins:...............................................................52
2. Deputy M.R.Higgins:...............................................................53

14. Deputy J.A.N. Le Fondré of the Minister for Treasury and Resources regarding the principles and policies laid down in P.73/2010 - "Property and Infrastructure Regeneration: the States of Jersey Development Company Limited": ..................53 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................53

1. Deputy J.A.N. Le Fondré: ...........................................................53
2. Deputy J.A.N. Le Fondré: ...........................................................53
3. Deputy J.H. Young: .................................................................54
4. Senator S.C. Ferguson:..............................................................54
5. Senator S.C. Ferguson:..............................................................55
6. The Connétable of St. John : .........................................................55
7. Deputy J.A.N. Le Fondré: ...........................................................55

15. Deputy J.A. Martin of the Minister for Treasury and Resources regarding the possibility of building Grade A' office space on the Waterfront for the States of Jersey Police:...56 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................56

1. Deputy J.A. Martin: .................................................................57
2. Senator S.C. Ferguson:..............................................................57
3. Deputy J.A.N. Le Fondré: ...........................................................58
4. Deputy J.H. Young: .................................................................58
5. Deputy J.A. Martin: .................................................................59

16. Deputy G.P. Southern of the Minister for Social Security regarding a review of the length of maternity leave taken by employees in Jersey: ................................59 Senator F. du H. Le Gresley (The Minister for Social Security): ..............................59

17. Deputy R.G. Le Hérissier of the Chief Minister regarding the bringing of proposals for the reform ofthe judicial appointments process to the Assembly: ......................60 Senator I.J. Gorst (The Chief Minister):......................................................60

3.17.1 Deputy R.G. Le Hérissier:...........................................................60

18. The Connétable of St. John of the Minister for Economic Development regarding a review of the agricultural grants system:................................................60 Senator A.J.H. Maclean (The Minister for Economic Development):.........................60

1. Deputy R.G. Le Hérissier:...........................................................61
2. Deputy R.G. Le Hérissier:...........................................................61
3. Deputy T.A. Vallois:................................................................61

19. The Connétable of St. Peter of the Minister for Transport and Technical Services regarding amendments to the driving licence applications process:.....................62 Deputy K.C. Lewis of St. Saviour (The Minister for Transport and Technical Services): .....62

3.19.1 Deputy T.A. Vallois:................................................................62

4. Questions to Ministers without notice - The Minister for Education, Sport and Culture...................................................................................62

1. Deputy G.P. Southern :..................................................................62 The Deputy of St. John (The Minister for Education, Sport and Culture): ....................63
2. Deputy J.A. Hilton:.....................................................................63
3. Deputy J.A. Hilton:.....................................................................63
4. Connétable J. Gallichan of St. Mary : ...................................................63

4.4.1 The Connétable of St. Mary:............................................................64

5. The Connétable of St. John:............................................................64
6. Deputy J.M. Maçon of St. Saviour:.....................................................64

1. Deputy J.M. Maçon:....................................................................65
2. Deputy J.M. Maçon:....................................................................65

7. Deputy M. Tadier :......................................................................65

4.7.1 Deputy M. Tadier :......................................................................65

8. Deputy N.B. Le Cornu of St. Helier:....................................................65
9. Deputy S.Y. Mézec :....................................................................66
10. Deputy J.A. Hilton:.....................................................................66

4.10.1 Deputy J.A. Hilton:..................................................................66

11. Deputy M.R.Higgins:..................................................................67

4.11.1 Deputy M.R. Higgins:...............................................................67

12. Connétable S.W. Pallett of St. Brelade:.................................................67
13. The Deputy of Grouville :...............................................................67

5. Questions to Ministers without notice - The Chief Minister............................68

1. Deputy J.A. Hilton:.....................................................................68 Senator I.J. Gorst (The Chief Minister):......................................................68
2. Deputy G.P. Southern :..................................................................68

5.2.1 Deputy G.P. Southern :..................................................................68

3. Deputy J.M. Maçon:....................................................................68
4. Senator S.C. Ferguson:.................................................................69
5. Deputy M. Tadier :......................................................................69

5.5.1 Deputy M. Tadier :......................................................................69

6. Deputy M.R.Higgins:..................................................................70

5.6.1 Deputy M.R. Higgins:..................................................................70

7. Deputy S.Power:.......................................................................70

8. Deputy T.A. Vallois: ...................................................................71
9. Deputy S.Y. Mézec :....................................................................71

PUBLIC BUSINESS.............................................................................72

6. Waste Water Strategy (P.39/2014)......................................................72

6.1 Deputy K.C. Lewis (The Minister for Transport and Technical Services): ..............72

1. Connétable D.W. Mezbourian of St. Lawrence:........................................74
2. Senator S.C. Ferguson:.................................................................74
3. Deputy R.G. Le Hérissier: ..............................................................74
4. Deputy J.A. Hilton:.....................................................................75
5. Deputy G.P. Southern :..................................................................75
6. Deputy G.C.L. Baudains:...............................................................75
7. Connétable M.J. Paddock of St. Ouen:..................................................75

LUNCHEON ADJOURNMENT PROPOSED..................................................75 LUNCHEON ADJOURNMENT................................................................76

8. Deputy R.C. Duhamel: .................................................................76
9. Deputy A.K.F. Green:..................................................................84
10. Deputy J.H. Young: .................................................................85
11. The Connétable of St. Brelade:......................................................89
12. The Connétable of St. John : .........................................................91
13. Deputy R.G. Bryans of St. Helier:...................................................93
14. Senator P.F.C. Ozouf : ...............................................................94
15. Deputy J.A.N. Le Fondré: ...........................................................97
16. Deputy T.A. Vallois:................................................................99
17. Senator I.J. Gorst : ..................................................................100
18. Deputy K.C. Lewis : ................................................................102

7. Sunstone Holdings Limited and De Lec Limited - ex gratia payments to investors (P.90/2013)..............................................................................105

7.1 Senator A. Breckon: ..................................................................106

ADJOURNMENT..............................................................................112

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

1. The Bailiff :

I am delighted to welcome His Excellency to the Assembly.  [Approbation]

QUESTIONS

2. Written Questions

1. DEPUTY M.R. HIGGINS OF ST. HELIER OF H.M. ATTORNEY GENERAL REGARDING ARTICLE 123 OF THE PLANNING AND BUILDING (JERSEY) LAW 2002:

Question

Will H.M. Attorney General advise members how Article 123 of the Planning and Building (Jersey) Law 2002 is applied in practice and, in particular state –

1. whether Article 123, which is contained in Part9, Administrative Provisions' ofthe Law, is a substantive offence in its own right under the Law under which a personcan be charged in the Magistrate's Court or whetherthe provisions ofthe Article only comes into play when a bodycorporateor limited liability partnership has been found guilty of another provision of the Planning Law, such as Article 7; and,
2. whether a body corporate and a natural personie. a director of the same body corporate, can be charged with anoffenceunder Article 7 oftheLawatthe same time, and, if this is the case whether it breaches the English precedent relating toseparate legal personal liability laid down by the House of Lords in Saloman v A Saloman & Co Ltd (1897) AC 22, which has been followed by the Jersey Courts?

Answer

1. Article 123 Planning and Building (Jersey) Law 2002 (the Law) does not, in itself, create any criminal offence. It is a provision of the Law which extends criminal liability for offences under the Law committed by a limited liability partnership and a bodycorporateto senior members ofthe partnership or body corporate where it can be proved that an offence under the Law was committed with the consent or connivance of or attributable to the neglect of that person.

For an individual person to be charged with an offence under the Law, it does not require the

partnership or body corporate to have been already convicted.

2. It is therefore the case that charges may be brought simultaneously against a partnership orbodycorporateandan individual person under Article 7 andindeedother provisions ofthe Law. Article 123 ofthe Law provides a statutory exception tothe separate legal entity principle.

2. DEPUTY M.R. HIGGINS OF ST. HELIER OF H.M. ATTORNEY GENERAL REGARDING PROCEDURES FOR PLANNING ENFORCEMENT ACTIONS: Question

Will the Attorney General advise Members of the procedure or procedures which have been adopted by the Law Officers' Department when it deals with Planning Enforcement actions, detailing in particular:

1. the interaction(s) between Planning Enforcement Officers andother Officers ofthe Planning and Environment Department and the Officers from his department or lawyers appointed by his Department when considering and undertaking an Enforcement action or prosecution under the Law;
2. who is responsible for determining whether a prosecution is in the public interest;
3. who is responsible for the formulation of the charges that are laid before the Magistrate in the Magistrate's Courtand for seekinganychangestothesechargesonceproceedings have been commenced;
4. the role of the Centenier insuch actions, particularly in relation to charging and the changingof charges once initial proceedings have commenced.
5. the role ofthePlanning and Enforcement Officer once the matter has been handed over to the Law Officers' Department with a recommendation for prosecution; and,
6. any changesto the procedures adopted over time, indicating when thesechangescame into effect?

Answer

1. In cases where a Planning Enforcement Officer considers that a prosecution may be appropriate, the officer will submit a file to the Law Officers' Department with a report setting out the history of the matter, details of the alleged conduct, the evidence and the reasons why a prosecution may be appropriate. Once referred to the Law Officers' Department the matter will be allocated to a Legal Adviser in the Criminal Division, who will examine the documentation and liaise withthe Planning Department as necessary to make a decision, on behalf of the Attorney General, whether or not a prosecution should be brought.
2. Prosecution decisions, which include whether a prosecution is in the public interest, are normally made by those within my Department and,very occasionally, by external advocates instructed by me, in accordance with the Code on the Decision to Prosecute.
3. When providing advice to bring charges, the Legal Adviser will normally provide details of the draft charges which he or she wishes to be brought. If proceedings are to commence in the Royal Court, the Crown Advocate responsible for the case will draft the summons and arrange for the defendant to appear before the Royal Court. In the less serious matters, the

proceedings will be brought before the Magistrate's Court. In these cases, the Honorary Police arrange for the defendant to be charged and they will draft charges in accordance with the advice given by the Legal Adviser.

4. If proceedings are brought in the Magistrate's Court and if a defendant pleads guilty, the Centenier may deal withthe case throughout. Once a defendant pleads not guilty, the case is then dealt with by a Legal Adviser. Any amendments to the charges may be applied for by the person who is dealing with the case at the stage at which the amendment is necessary.
5. The Legal Adviser responsible for the matter will liaise with the Planning Enforcement Officer as necessary. In some cases further information oranupdatewill be needed. Where a prosecution is brought, the Planning Enforcement Officer may be required to give evidence at trial.
6. In 2013, my office had discussions withthe Planning and Environment Department with a view to securing improved practices. As a result of those and other discussions, a Senior Legal Adviser in the Department has been given responsibility for providing guidance andsupportto all those investigating suspected regulatory breaches in States Departments with a view to improving the quality of investigations and the files submitted to me for consideration of a decision to prosecute.

3. DEPUTY M.R. HIGGINS OF ST. HELIER OF H.M. ATTORNEY GENERAL REGARDING ARTICLE 7(4) OF THE PLANNING AND BUILDING (JESREY) LAW 2002:

Question

Given that Article 7(4) of the Planning and Building (Jersey) Law 2002 states that a person may be convicted of an offence under this Article despite the fact that (a) an enforcement notice or a condition notice has been served in respect of the breach of development controls; and (b) every step required by the notice to be taken has been taken, could the Attorney General advise Members, through the use of examples, where he feels that a prosecution under this provision would be in the public interest and where he does not if a person so served with an Enforcement Notice complies fully with the terms of the Notice?

Answer

Article 7(1) of the Planning and Building (Jersey) Law 2002 provides that a person who develops land except with, and in accordance with, permission shall be guilty of an offence. Article 7(4) makes clear that a person may be convicted of such an offence despite the fact that an enforcement notice or a condition notice has been served in respect of the breach of development controls, and every step required by the notice has been taken.

There are two stages in any decision to prosecute. The first stage is the evidential test, that is, whether there is a realistic prospect of conviction. The second stage is the public interest test. In cases of any seriousness a prosecution will usually be appropriate unless there are public interest factors tending against prosecution which clearly outweigh those tending in favour. In the case of an infraction, a prosecution is likely to be in the public interest if, for example, the breach was significant, or deliberate, or was one of a series of breaches which suggests a persistent lack of conformity with the law. A prosecution may not be in the public interest where the breach was minor, or the result of a genuine mistake or misunderstanding, or where the Court is likely to impose only a nominal penalty and the accused has taken steps to remedy the breach. However, it will be necessary to consider each public interest factor in the circumstances of the case and go on to make an overall assessment.

In the case of a planning infraction, where an enforcement notice has been issued and fully complied with, my Department would give careful consideration as to whether a prosecution would be in the public interest.

Each case is difficult and must be considered on its own facts applying the principles set out above. I do not think that it would be helpful to refer to specific cases for the purposes of comparison as it would be necessary to consider in detail all the relevant facts and circumstances of those individual cases.

4. DEPUTY M.R. HIGGINS OF ST. HELIER OF H.M. ATTORNEY GENERAL REGARDING THE APPOINTMENT PROCEDURES FOR SENIOR POSTS:

Question

Will H.M. Attorney General set out in full the appointment procedures for the posts listed below, stating in detail all those involved in the decision making process and when, and all those who can write or meet with these individuals and/or bodies to make recommendations/representations or to influence the appointments of:

Bailiff

Deputy Bailiff

Attorney General Solicitor General

The Dean

H.E. Lieutenant Governor Answer

The Bailiff , Deputy Bailiff , Attorney General and Solicitor General

The appointment procedure for Bailiff , Deputy Bailiff , Attorney General and Solicitor General is already in the public domain and can be found in the report entitled The Review of the Roles of the Crown Officers' (The Carswell report) dated December 2010, Chapter 7 - Appointment of Crown Officers. Further information is to be found in the transcript of the public hearing dated 4th May 2010 before the Carswell Review Panel when the Bailiff attended upon the Panel.

The Dean

Any vacancy in the office of Dean will be advertised by the Bishop of Dover in conjunction with the Archbishop's Appointments Commission. The Bishop of Dover will make arrangements to shortlist any candidates. Short listed candidates and their wives attend on Island for meetings with a number of persons including the Bailiff , Vice Deans, Church Ward ens and other representatives of St Helier Parish Church, the Lay Chairman of the Jersey Deanery Synod and the Constable of St Helier. Interviews are conducted by the Lieutenant Governor, the Bishop of Dover and Church Ward ens. The Bishop of Dover and the Lieutenant Governor then consult with those who have met the candidates and the Lieutenant Governor with the advice of the Bishop of Dover selects the preferred candidate. That person's name is submitted to the Ministry of Justice for approval by HM The Queen.

H.E. the Lieutenant Governor

Any vacancy in the office of Lieutenant Governor is advertised in the United Kingdom through the Ministry of Justice and through the Ministry of Defence. On the occasion of the last vacancy, a recommending panel comprising the Bailiff , the Lieutenant Bailiff and a member of the Jersey Appointments Commission was constituted in order to shortlist candidates and interview all those candidates who were shortlisted. The Panel consulted the Chief Minister. Following the interview process, a recommendation was made to the Lord Chancellor who in turn made a recommendation to Her Majesty.

All of the above appointments are made by the Crown and accordingly the procedure is agreed with the Ministry of Justice.

5. DEPUTY J.A. HILTON OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING ASBESTOS IN JERSEY SCHOOLS:

Question

Would the Minister advise –

Whether any primary or secondary schools currently have asbestos and, if so, which schools and what type of asbestos is it, what type of material is in it and is it in places vulnerable to damage from the children?

Whether he is confident that there is no risk of harm to the people using the Highlands College Campus, given that asbestos is present around windows and doors within the buildings?

Whether Jersey Property Holdings (JPH) inspects off site buildings such as Parish halls and community centres which are used by Highlands College for classes?

Given that it is costing £114,000 per annum to manage, monitor and remove asbestos, does the Minister not believe that it makes economic sense to plan to remove all asbestos in a phased way?

Can the Minister confirm what classification has been put on school buildings in respect of their risk level e.g. low, medium or high?

What safety measures, if any, are in place and what monitoring happens to ensure that ESC are complying with their SLA and the process is quality controlled?

Can the Minister confirm that inspection reports exist for the years between 2008 and 2011 for all ESC sites that have asbestos and can he provide them?

This answer relates to schools under the management of the States, which are maintained by Jersey Property Holdings (JPH). JPH does not hold information on private schools.

The following Primary and Secondary school sites under States management have Asbestos Containing Materials (ACMs) present:

Primary

St Martins Primary School and Nursery Bel Royal School

Greenfields Centre SEN School

D Hautree House School

St Luke's Primary School

First Tower School

St Lawrence School

Les Landes School

St Saviours School

Victoria College Preparatory School Secondary

Grainville Secondary School

Les Quennevais School

Le Rocquier Sports Block

Victoria College

In both Primary and Secondary schools all known asbestos that remains in situ is in good condition and in areas where it can be managed with the appropriate procedures that are in place.

There is no risk from this remaining in place in its current condition and this is monitored in accordance with the Approved Code of Practice 8 Revised (ACoP) guidelines.

The Asbestos Containing Materials (ACMs) identified within the Primary and Secondary schools are a mixture of the following materials:-

• Product Type 1 - Asbestos reinforced composites (plastics, resins, mastics, roofing felts, vinyl floor tiles, semi-rigid paints or decorative finishes, asbestos cement, etc.)
• Product Type 2 - Asbestos insulating board, mill boards, other low density insulation boards, asbestos textiles, gaskets, ropes and woven textiles, asbestos paper and felt

• Product Type 3 - Thermal insulation (e.g. pipe and boiler lagging), sprayed asbestos, loose asbestos, asbestos mattresses and packing

JPH has rated the removal of ACMs from schools as a high priority and whenever the opportunity of property vacation due to school holidays, etc. and where budget has permitted the instruction to undertake removal they have done so.

There are areas that can be accessed by school children but the ACM is of a very low risk (Type 1) and controlled by communication and regular monitoring.

The Highlands campus buildings that contain ACMs are re-inspected on an annual basis with a written report issued confirming the findings. If there are any identified changes in the condition of the materials these are flagged up to JPH immediately. There is always a potential risk with buildings containing ACMs as the re-inspections are a Management Survey' which is a non- intrusive visual inspection. However the management plans and procedures put in place by both JPH and ES&C/Highlands facilities staff are very robust and set out procedures that both parties have to adhere to which safeguard the facility users from exposure.

JPH does not undertake the inspection of properties outside of its management such as Parish Hall s or Community Centres as they are the legal responsibility of the property owner.

The costs of removing all the known ACMs from the property portfolio are estimated to be in the region of approximately £3 million and would cause extensive disruption to the property users due to the locality of the ACMs. In certain circumstances this would involve the usage of temporary classrooms and additional costs above the cost of removal. Therefore the decision has been made to manage the ACMs through stringent documentation and procedures and to remove only as part of any refurbishment or redevelopment plans.

JPH classifies properties depending on the annual inspection report overall property score and takes the appropriate management action. The scoring methodology is set out below. There are no high risk ACMs in publicly accessible areas

• Cumulative score 10 to 12 - This is allocated to those items requiring urgent attention as they currently, or in the foreseeable future, present an unacceptable risk. High risk.
• Cumulative score 7 to 9 - These are items which as single entities have a high risk of being damaged/ disturbed or where there is an accumulation of asbestos materials in a single location that when examined as a whole have a high risk of being damaged/ disturbed. Medium risk.
• Cumulative score 5 to 6 - These are items that have no, or very little, sign of historical damage and are usually board or panels, which are not easily accessed. Low risk.
• Cumulative score 4 or less - This covers asbestos cement, resins, Artex, plastics, rubber etc. containing asbestos, which do not generally present a significant risk. Very low risk.

JPH has bi-monthly meetings with the ESC Directorate to ensure any matters of concern are raised and actioned by the relevant party. The monitoring of asbestos and any other deleterious materials is a standing item on the agenda. JPH also continually review the documentation in place and have undertaken a total re-inspection and re-drafting of the site specific Asbestos Management Plans (AMPs) to reflect specific improvements.

JPH has also been working with the States Corporate Health and Safety Manager and the Health and Safety Inspectorate to improve procedures further and provide input into the Corporate Asbestos Policy.

Both departments are working closely together to ensure that the safety of the property users is a high priority and are adopting a consistent approach to the delivery of Asbestos Management. The priority is to remain compliant with the current Approved Code of Practice and continually review internal policies and procedures.

Inspection reports exist for all of the ES&C properties constructed prior to year 2000 and under the control of JPH. ACMs are not present in properties constructed after 2000.

6. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING LEISURE BOAT FEES OVER THE LAST 10 YEARS COMPARISON TO COMMERCIAL FEES:

Question

Could the Minister advise how much leisure boat fees (for moorings and so on) have risen in the last ten years compared with commercial fees, and explain the reason for the difference?

Answer

Ports of Jersey policy for commercial fees, which was approved by Ministerial Decision, saw an annual increase of 2.5% in January 2014 (based on June 2013 RPIY).

In 2010, the Assistant Minister for Economic Development requested that a three-year strategy be negotiated with commercial operators that would see the introduction of a ship's call charge at a minimum rate of 4 pence per gross tonnage by 1 January 2013. This was based on vessels over 500 GRT (Gross Registered Tonnage) but capped at 3,000 GRT. Prior to 2011 the policy was to apply an annual 2.5% rate with effect from 1 January to all Port of Jersey harbour dues. This was based upon the States of Jersey anti-inflation strategy (P125/2000).

Since 2011 ancillary charges for commercial port services such as pilotage, tug services, quay rentals and lay-up charges increase between 3-5% per annum based on operating costs such as labour and fuel.

These commercial fees levied part contribute to the overall running costs of the ports, including where necessary, investment in new operating equipment. For example, a new crane was purchased in 2008 at St. Helier Harbour at a cost of £1.6m and to offset this investment a crane charge per lift was introduced for commercial shipping, currently standing at £1.25 per lift. The vital services provided by Jersey Coastguard Service are also offset by commercial harbour dues.

Marine leisure charges were traditionally not subject to the 2.5% cap. In October 2010 the Assistant Minister for Economic Development approved an increase in charges as proposed by Port of Jersey following discussion and agreement with boat owners' association representatives. Prior to 2010 marine leisure berthing dues in St Helier and Elizabeth Marinas increased every January based on the previous June's RPIY. Agreement has also been reached for an additional 1% charge to be incurred at La Collette over and above the annual rate as a means of cost recovery following a major refurbishment of the facility in 2011. La Collette is now rated as the Island's premium marina. Ancillary charges for marine leisure services, including boat-park, hoist, block bookings and admin charges see variable increases of up to 6% per annum based on market trends. Since 2011, there have been no increase in charges for boats on quays or boat hoist lifts. A commercially confidential discount is also given to marine traders for lifts during the winter period, January to March

Prior to 2010 mooring dues for the old harbour, English & French harbours, outlying harbours, mud moorings and swinging moorings were increased in line with leisure berthing dues. However, following consultation and agreement with appropriate boat owners' association representatives, a four-year strategy, proposed by Ports of Jersey and approved by the Assistant Minister for Economic Development, increased outlying harbour dues as follows: In 2011, the first year, saw a change in pricing structure from square meterage to overall length. The following year, the increase was agreed at an annual rate of 20% for the remaining three years. However, 2012 saw further discussion with interested parties, resulting in the Assistant Minister for EDD agreeing that the final year's rate of 20% would be amended to 10% over a two-year period. This current agreement is due to expire in December 2014 and rates for subsequent years will be discussed and agreed with appointed representatives and members of the marine leisure development group during the third quarter of 2014.

Marine leisure dues contribute to the overall running costs of the marinas and maintenance of outlying harbours and mud berths. In recent years Ports of Jersey have invested heavily in maintaining and improving these facilities, including £380k on improvements and maintenance of cranes in outlying harbours, £1.6m in repairs to Gorey Pier, £146k on replacement of buoys, raises and mini pontoons in the old harbour and £650k on dredging work in St Aubin's Harbour as well as £1.3m in improvements to its north pier.

7. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE CONSEQUENCES OF J.E.C. TRENCH RE-INSTATEMENT ON ROAD SURFACES AT HAVRE DES PAS:

Question

Would the Minister explain why the Transport and Technical Services Department has allowed the recent JEC trench re-instatement following the laying of cable ducting (especially in the Havre des Pas area) to be so uneven, and can he advise whether motorists can expect the surface to be remedied and, if so, when?

Answer

The reinstatement of the JEC 90KV Normandie 3 Cable in TTS administered Public Roads has been carried out in 3 Sections:

Section 1 – Rue a Don from Long Beach Car Park to Grouville Parish Hall and La Rue des Alleurs to La Rou Soulas

The cable and its associated apparatus was installed prior to the ongoing Rue à Don resurfacing project and is therefore a permanent reinstatement. The trench has been completed in accordance with the specification and the Department is not aware of any ride quality or other issues. This is a permanent reinstatement.

Section 2 - St. Clement 's Inner Road to Green Road / Greve d'Azette junction

The cable and its associated apparatus has been installed using a foamed concrete backfill and permanent asphalt surface. This is a permanent reinstatement.

Section3 - Green Road / Greve d'Azette junction to South Hill

The cable and its associated apparatus has been installed using a foamed concrete backfill and interim asphalt surface. This is an interim reinstatement.

Quality of Surface Reinstatement

The Department is currently aware of several areas that do not meet the required specification which are planned to be remedied this year, depending on other planned utility and resurfacing works. More testing is still to be carried out as the works are still ongoing.

With regard to Section 3 and the interim reinstatement (from the Green Road / Greve d'Azette junction to South Hill) the JEC have agreed to fund a full lane width resurfacing of the carriageway along the line of the trench. Final reinstatement in this section has not yet been scheduled, but will be incorporated into the Department's ongoing resurfacing programme.

It is the Department's policy to allow up to 3 years for any settlement to take place in the trench prior to accepting the final reinstatement of the surface. Any irregularities or surface depressions that do not comply with the specification will be rectified at the cost of the relevant undertaker during this period. Any irregularities or surface depressions that present a safety hazard to motorists or pedestrians will be attended to earlier as a matter of urgency.

8. DEPUTY J.H. YOUNG OF ST. BRELADE OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING REGISTRATION FOR G.S.T. AND THE AMOUNT LEVIED ON PUBLIC TRANSPORT PROVIDERS:

Question

Will the Minister provide information on of the number of entities registered  for Goods and Services Tax (GST) purposes and the total amount of GST levied from each of the following sectors of Jersey's domestic public transport industry for both years 2012 and 2013 –

1. buses;
2. coach companies;
3. taxi companies;
4. self-employed taxi drivers; and,
5. other local transport service providers? Answer

Because of the small number of entities in each of the listed sectors we are unable to provide a detailed breakdown as there is a risk that the tax liabilities of individual businesses may be disclosed.

The following represents the sum of all 5 of the requested sectors

Current registrations Returned GST

2012 2013

Less than 5 registrations £240,000 £121,000

Registration for GST is not compulsory unless turnover exceeds or is expected to exceed £300,000 per annum.

It is important to note that businesses are classified for GST purposes using a modified version of the UK 2007 Standard Industry Classification using the industry code for the predominant business activity. Because of this the returned data reflects both revenue and capital income and spend and may contain GST figures from activity which differs from the primary activity of transportation.

9. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING A BREAKDOWN OF THE CRIMINAL OFFENCES CONFISCATION FUND SINCE 2010:

Question

Will the Minister provide Members with a detailed breakdown of what the Criminal Offences Compensation Fund has been spent on from 2010 to the present day?

Answer

A detailed breakdown relating to expenditure incurred from 2010 to date is listed in the table below:

10. SENATOR  P.F.  ROUTIER  OF  THE  CHAIRMAN  OF  THE  PRIVILEGES  AND PROCEDURES  COMMITTEE  REGARDING  ACCESS  TO  STATES BUILDINGS FOR MEETINGS:

Question

Can the Chairman list any organisations, groups or committees which are not States functions that have access to the States Building for meetings?

If there are any such groups, will the Chairman undertake to ensure that they are made aware of the conditions of use outlined in R.112/2007 regarding access to the States Building and members facilities?

In the lead up to the elections, will the Chairman remind members that they cannot use the facilities in the States Building for election campaigning purposes?

Answer

The  Jersey  Human  Rights  Group  holds  meetings  in  the  States  Building.  Members'  prayer breakfasts, which are supported by Business Connect, are also held in the States Building.

After receiving the Senator's question I wrote to both groups to reiterate the conditions of use as outlined  in  R.112/2007.  I  also  asked  them  to  advise  the  Committee  if,  having  reviewed  the Conditions of Use, they wished to apply to continue to use the States Building as the location for their meetings. Senator Routier has since advised that members' prayer breakfasts will no longer take place in the States Building.

Rooms in the States Building are occasionally used by the administrators of the Lord Portsea Gift Fund and the Greville  Bathe  Fund, and  for  citizenship ceremonies when  there are no rooms available in the Royal Court Building.

The Committee will send a reminder to all States members that the use of any of the facilities for electoral purposes is not permitted.

11. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING STEPS TO INITIATE CLOSER COOPERATION WITH THE FRENCH AUTHORITIES:

Question

Given the considerable enthusiasm of the relevant French authorities, as expressed for example, in the recent Brittany/Jersey meeting, would the Minister outline the steps, if any, being taken to initiate closer co-operation?

Answer

The Health and Social Services Department has either initiated or participated in some early exploratory discussions with our French counterparts in the following ways:

The Medical Officer of Health held a meeting with her French Public Health counterpart to discuss public health and protection issues and the possibility of sharing data for comparison purposes. This was positively received and this is being explored further.

The Hospital Managing Director has recently met with Dr Lamballais representing the Centre Hospitalier Universitaire exchange project, to have initial discussions about possible collaborative working in relation to medical education, clinical collaborations and tertiary treatments. Co- operation could be developed primarily with the President of Conseil Général Ille et Vilaine and department 35 including Rennes University Hospital. Further investigation of these opportunities has been agreed.

The Deputy Director of Commissioning, with responsibility for overseas contracting, met with Elise Meerpoel, Assistante De Direction of Bureau de Jersey and has provided an annual briefing on the opportunities for French health care providers to tender for acute care services that we are unable to provide on Island. All such tenders are advertised through the Official Journal of the European Union (OJEU) and are open to providers from any country. In 2013 the Department also provided this information to the delegation from Le Manche at the economic development seminar.

12. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING T.V. LICENCES:

Question

Would the Minister state whether he is aware that householders without a television are continually threatened by TV licensing inspectors despite having advised them of their lack of television by letter and telephone, and advise what action, if any, can be taken to address this matter?

Answer

I am aware of some current concerns. My understanding is that such cases are, fortunately, rare. However, I recognise that any individual who is in this situation may find it distressing.

For clarification, it is a legal requirement to have a TV Licence if you watch or record television programmes, on any device, as they're being shown on TV. A TV Licence is not required if you don't use any of these devices to watch or record television programmes as they're being shown on TV - for example, if you use your TV only to watch DVDs or play video games, or you only watch catch up' services like BBC iPlayer or 4oD.

People in Jersey can apply for a free over 75' TV Licence if they are aged 75 years or over and on a low income. In these circumstances householders should contact the Social Security Department. Jersey residents who are registered as blind are eligible for a 50% concession on their licence and should contact TV Licencing to apply.

Where a TV Licence is not required it is important to inform TV Licencing and to follow the correct process as set out on the TV Licencing website (https://www.tvlicensing.co.uk/cs/no- licence-needed/index.app). The Jersey Citizens Advice Bureau also provides information on TV Licencing on its website and is able to offer general advice to individuals.

If a householder is concerned about the tenor of the communications they have received from TV Licencing or is unsure how to resolve the issue then I would encourage them to contact the Jersey Trading Standards Service who will be happy to ensure that they have followed the right process and, if necessary, intercede on their behalf to help resolve the matter.

The Jersey Trading Standards Service has dealt with a small number of similar cases over the last few years all of which have been satisfactorily resolved.

13. DEPUTY J.H. YOUNG OF ST. BRELADE OF THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING MILLI'S CHILD CENTRE AT BEL ROYAL: Question

Will the Minister inform the Assembly of Education, Sport and Culture Department's policy in respect of the services which are presently available for separated families and provide details of the professional support, funding and facilities provided by the Department to Milli's Child Centre at Bel Royal School?

What urgent action, if any, is the Minister taking to ensure this vital service is able to continue at the end of June 2014 when Milli's is due to close?

Answer

As one of the three Ministers responsible for the strategic framework for children and young people in Jersey, I agree with the policies set out within the framework. In this connection, the Department for Education, Sport and Culture works with partner agencies, including the Health & Social Services and Home Affairs departments, to ensure that every child of school age receives education appropriate to their age, ability and aptitude.

It is recognised that Milli's Child Centre offers a neutral environment where children of separated families can spend time with one or both parents, and sometimes other family members. This generally takes place outside school hours and at weekends, and in this connection the ESC Department has been able to help by making Bel Royal School available for the association to use as a base for its activities. Earlier this year the ESC Department was informed that Milli's was looking for alternative premises, and the department contacted the association to establish whether it could be of assistance. To meet the association's objectives, the department was advised that this facility would ideally need to be in a central location and to include a small number of meeting rooms, together with a play area and parking. The department identified several potential premises, including a primary school in the St. Helier area, and it was informed in March that the association was delighted' to have been offered these alternative premises. Neither the department nor the school had been informed that Milli's is due to close, nor have they been asked to provide further assistance.

Education, Sport and Culture does not provide direct professional support or funding to Milli's Child Centre, and I understand that the primary responsibility for this area properly rests with the Minister for Health and Social Services, who has responsibility inter alia for the Children's Service.

I was not aware that Milli's was about to close and will discuss this issue with the other Ministers on the Children's Policy Group.

14. DEPUTY J.H. YOUNG OF ST. BRELADE OF THE MINISTER FOR HOME AFFAIRS REGARDING MILLI'S CHILD CENTRE AT BEL ROYAL:

Question

Will the Minister inform the Assembly of the Home Affairs Department's policy in respect of the services which are presently available for separated families and provide details of the professional support, funding and facilities provided by the Department to Milli's Child Centre at Bel Royal School?

What urgent action, if any, is the Minister taking to ensure this vital service is able to continue at the end of June 2014 when Milli's is due to close?

Answer

As one of the three Ministers responsible for the strategic framework for children and young people in Jersey, I agree with the policies set out within the framework. As detailed therein, the focus is to ensure that services and policies minimise the impact of breakdown of family relationships.

The Home Affairs Department does not provide any professional support, funding or facilities for the Milli's Child Contact Centre and I believe that the primary responsibility for this area properly lies with my colleague, the Minister for Health and Social Services, who has responsibility inter alia for the Children's Service.

I was not aware that Milli's was about to close and will discuss this issue with the other Ministers on the Children's Policy Group.

15. DEPUTY J.H. YOUNG OF ST. BRELADE OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING MILLI'S CHILD CENTRE AT BEL ROYAL: Question

Will the Minister inform the Assembly of the Health and Social Services' policy in respect of the services which are presently available for separated families and provide details of the professional support, funding and facilities provided by the Department to Milli's Child Centre at Bel Royal School?

What urgent action, if any, is the Minister taking to ensure this vital service is able to continue at the end of June 2014 when Milli's is due to close?

Answer

Health & Social Services does not provide any funding to Milli's Child Contact Centre, but acknowledges the work that the service has provided in supporting families. Contact has been made with the service organisers from Milli's and it is clear that the reason for the closure of the centre relates to the problems in recruiting volunteers to run the provision.

The Minister, as Chair of the Children's Policy Group, is intending to raise the issue at the next CPG meeting, with a view to the departments, which include Home Affairs and Education, Sport & Culture, assessing the possible impact of the closure and working together to identify what may need to be done to deal with this potential gap.

16. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HOUSING REGARDING SOCIAL HOUSING WAITING LISTS:

Question

Given that the Minister has stated that he will control social housing rent levels by increasing the supply of housing to meet demand, will he explain to members what this means in terms of the number of units of accommodation required over the first 10 years of the Housing Transformation Plan as this relates to the current waiting list for social housing in the light of predicted population growth?

Answer

The revised Island Plan provides for 1,100 Category A' affordable homes to be delivered during the period 2013 to 2020, based on levels of demand arising from a planning assumption for net migration of +150 households per year and the Housing Needs Survey.

17. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING FAMILIES CARING FOR THE ELDERLY:

Question

Does the Minister consider that in transferring the funding of Invalid Carers Allowance (now renamed Home Carer Allowance) from general taxation to a contributory basis, it was appropriate to include contribution conditions which can prevent family members from claiming this benefit and becoming full-time carers for elderly disabled relatives, and, if so, why?

How does the Minister rationalise this change against moves to keep those in need of care in their own homes for as long as possible rather than in more expensive institutional care?

Answer

The Home Carer's Allowance offers compensation to working age people who give up employment to take on a caring responsibility. In this respect a contribution requirement is completely appropriate to ensure the benefit maintains this focus. The requirement for a contribution record was described in P.101/2012 and the proposition was approved by the Assembly 40 pour, 3 contre with 1 abstention.

P.101/2012 described the contribution requirement thus;

This benefit is paid primarily to working age people who give up paid employment due to their caring responsibilities and it is reasonable to require that the individual should have previously paid contributions in order to receive this benefit. As with other contributory benefits, it is proposed that the carer has paid contributions for at least 6 months at some time in the past. The carer will also need to have contributions in the relevant quarter – i.e. 2 quarters before the start date of the claim. To ensure that parents of young children are able to satisfy this condition, the contributions in the relevant quarter can be either paid or credited, including Home Responsibility Protection credits which are available to a parent caring for a child under five.

There are wives who were married before April 2001, who continue to be able to elect not to pay contributions, and who will receive a pension based on their husband's contribution record. A married woman in this situation may not have a contribution record in her own right, but she will still be entitled to claim the new benefit.

In addition the benefit is available to people who have credits following unemployment due to redundancy or in respect of time spent in higher or further education.

Low income carers without a recent contribution record, perhaps due to long periods of unemployment, may be supported through Income Support. These carers may draw further support via the separate Income Support Carer's Component which currently adds £46.97 to their weekly income. In order to meet the requirement for the Income Support Carer's Component and Home Carer's Allowance, the cared for' individual must be assessed at Personal Care level 3. These individuals, if also claiming Income Support, will receive a payment of up to £145.25 per week. The Department has recently lodged proposals to allow children meeting the criteria for Personal Care level 3 to qualify for the full value of this payment, regardless of the overall income of their household.

Invalid Care Allowance was a tax funded benefit which was transferred into the Social Security Fund. This move has strengthened the future of the benefit allowing it to be maintained and automatically uprated according to the standard rates of benefit. P101/2012 also addressed this;

"..the transfer of this allowance in respect of working age carers to the Social Security Fund is appropriate for a number of reasons. The value of the current invalid care allowance is already set at the same rate as the contributory benefit rate. The primary purpose of the benefit is to support working age carers who are no longer earning a wage due to their caring responsibilities and so fits well with other contributory benefits which support workers unable to work during periods of incapacity or maternity.

The role of carers is an increasingly important one in our ageing society and including the new home carer's allowance within the Social Security Law ensures that the value of the benefit will be maintained in line with other contributory benefits and that funding will be available from the ring fenced Social Security Fund."

HCA, the carer's component and impairment components of Income Support play a very important role in supporting families and complement the Long Term Care scheme which will facilitate significant change as to how care is delivered in Jersey. The Long Term Care scheme will allow beneficiaries to access a flexible package of care designed to suit their needs, and they may choose whether this is delivered residentially or in their own homes. The new Long Term Care benefit will come into payment on the 1st of July 2014.

18. DEPUTY  R.G. LE  HÉRISSIER  OF ST.  SAVIOUR OF  THE  MINISTER  FOR HEALTH  AND SOCIAL  SERVICES REGARDING  A  REVIEW  OF ORGAN DONATION:

Question

In the light of the States approval of P.89/2013 entitled Organ Donor's Register' on 24th September 2013, can the Minister identify when the report reviewing the current policy in respect of organ donations and recommendations for improvement will be published and cite who has been consulted in its compilation?

Answer

The review of organ donation registration in Jersey is underway and is being focused in two keys areas, to enable the department to respond to Proposition P89/2013.

The first and most prominent element of the review is aiming to focus attention on raising awareness of organ donation, with a view to encouraging more people to sign up as organ donors. This is being based around a high profile public relations campaign, the launch of which is being planned to coincide with National Transplant week, July 8-14th.

Running in parallel with the promotional and awareness campaign is the more complex review of how organ donation in Jersey is managed, and whether alternative donor registration options – such as Soft or Hard Opt-out' legislation - should be considered as viable options for the island in the longer term.

Inevitably, this element of the review is complex, with any proposals for significant change being both publicly and politically sensitive. Consideration of the options, and the implications of implementing any major change, requires the expertise of specialists on the front line in managing organ donation – both in Jersey and in the UK – to ensure the Assembly is in a position to make an informed decision about the future of organ donation in Jersey.

As such, the department is in the process of setting up a small group, which includes clinical expertise and representatives of the UK Blood Transfusion Service and National Organ Donor Register, to look at the issues. It is my intention to bring an interim report back to the States, as agreed, by the end of the year.

Given Deputy Le Hérissier's ongoing interest in this issue, I am hopeful he will agree to become involved in the development of the awareness strategy and in supporting the group's considerations of options and any recommendations for the future.

Contribution to both elements of the review has, and will continue to involve multiple sources including a local Organ Donation Charitable Committee (the Love Hearts Appeal), Parish Councils on the involvement of driving license administration, the NHSBT, Education, Sport& Culture, local clinicians and the media.

This is not an exhaustive list, and the Strategy being developed to priorities the awareness campaign will help to identify other consultation opportunities that may assist in taking this important piece of work forward.

19. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE PRIVILEGES AND PROCEDURES COMMITTEE REGARDING REFERENDA PROCEDURES: Question

In the light of the States approval of P.153/2013 (Referenda: revised procedures) on 22nd January 2014, can the Chairman announce whether proposals regarding the October referendum will be brought to the States and, if so, when?

Answer

The Committee is currently in the process of undertaking a review of the Referendum (Jersey) Law 2002 following the approval by the States of P.153/2013.

When the proposition was lodged the Committee commented as follows:

"If the Committee's review finds that amendments to the Law are necessary, law drafting time will need to be requested and, once drafted, the amendments will need to be lodged au Greffe' for debate by the States. If adopted, the amendments will then require the sanction of the Privy Council. It is therefore unlikely that any such amendments to the Referendum (Jersey) Law 2002 will be in place in advance of the referendum on the composition and election of the States Assembly that is due to be held on election day in October 2014 (the adoption by the States on 15th November 2013 of paragraph (e) of P.116/2013 and paragraph (e) of P.117/2013 refer)."

The Committee is not yet at the stage of requesting law drafting in respect of any proposed changes to the 2002 Law.

The Referendum (Composition of the States Assembly) (Jersey) Act 201- is currently in draft and will be lodged au Greffe' as soon as it has been finalised by the Committee.

20. DEPUTY J.H. YOUNG OF ST. BRELADE OF H.M. ATTORNEY GENERAL REGARDING THE DISCLOSURE OF INFORMATION BY THE MINISTER FOR PLANNING AND ENVIRONMENT:

Question

Would H.M. Attorney General inform the Assembly whether the Public Finance Legislation and/or States of Jersey Law and Standing Orders provide a statutory or legal authority which would enable or require the disclosure by the Minister for Planning and Environment of information which is presently held by him, including individual property addresses; information which presently falls within the Data Protection (Jersey) Law 2005, on publicly funded grants made by him to property owners and tenants to carry out energy conservation work to these properties, for which the address of the premises to which these works have been carried out, has been withheld by the Minister?

Answer

The Public Finances (Jersey) Law 2005 places duties on Ministers and Accounting Officers for States funded bodies to ensure the proper financial management of those bodies resources. It is the duty of the Comptroller and Auditor General to provide the States with independent assurance that the public finances of Jersey are being regulated, controlled and supervised and accounted for in accordance with the Law. The Controller and Auditor General reports to, inter alia, the States Assembly on these matters and under the Public Finances (Jersey) Law 2005 has powers to require access to information held by States funded bodies for the purpose of fulfilling those functions. However there are no disclosure obligations on States funded bodies or the Comptroller that would require disclosure of the type of information the question refers to the States or public at large.

The Freedom of Information (Jersey) Law 2011 is due to be brought into force at the beginning of 2015. In the meantime, the Code of Practice on Access to Information ("the Code") applies to information held by the Minister for Planning and Environment and his Department. Under the Code the Minister and his Department are required to disclose information in their possession on request, except where an exemption applies. Information is exempt from disclosure if its disclosure would, or might be liable to, constitute an unwarranted invasion of privacy for an individual.

The handling of any particular request for information needs to be considered on its own merits and considering the nature of the information at hand. However, it is doubtful whether it would be appropriate to disclose the names and addresses of property owners who have benefitted from the energy conservation grants under the Code. Such information is likely to be personal data for the purposes of the Data Protection (Jersey) Law 2005 and any disclosure of that information under the Code could only take place in accordance with the provisions of that Law. In the absence of the consent of the subjects of this information or of a compelling public interest in its disclosure, it is not apparent that disclosure could take place in accordance with the Data Protection (Jersey) Law 2005.

21. DEPUTY J.A. HILTON OF ST. HELIER OF THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING THE TRAINING OF STAFF TO MANAGE ASBESTOS IN JERSEY SCHOOLS:

Question

Given that Jersey Property Holdings do not train Education, Sport and Culture staff in relation to the management of asbestos, can the Minister say what ESC have done to train their employees?

Can the Minister confirm that all Head Teachers, teachers and support staff in a school know where asbestos is located and the risk it poses if disturbed?

Answer

The prime responsibility for asbestos management, monitoring and removal rests with Jersey Property Holdings as the landlord' department, and therefore ESC staff are not generally required to undergo the same level of technical training. However, we take this very seriously. Site managers will have completed the appropriate health and safety management training, which includes the management of asbestos. In addition, Jersey Property Holdings has visited every school and implemented site specific Asbestos Management Plans which specify roles, responsibilities and emergency plans in relation to the substance.

Those ESC staff who have operational responsibility for the management of ESC premises have been informed of the presence of asbestos where this exists, and are aware of the risks it poses if disturbed. Details of the presence and location of asbestos are maintained in the site log books to which these staff and approved contractors have access.

As advised by the Treasury and Resources Minister in his answer to Deputy Hilton of 18th March 2014 (Question 1240/5(8187)), it is worth noting out that all asbestos that remains in situ in primary and secondary schools is in good condition and in areas where it cannot be disturbed unless major destructive works were to take place, in which case appropriate removal procedures would be arranged.

3. Oral Questions

1. Connétable J.M. Refault of St. Peter of the Minister for Treasury and Resources regarding the creation of public toilets at Le Port, St. Peter :

What steps, if any, will the Minister be taking to meet the request made at a recent meeting of a representative body of all users of an area of St. Ouen's Bay in the Parish of St. Peter known as Le Port, for public toilets to be constructed in a manner that was sensitive to the area?

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

rapporteur):

As far as I am aware, no request for the construction of new public toilets at Le Port has been received. If such a request is received the matter will be considered by Jersey Property Holdings and a recommendation made to me for consideration. However, there is no dedicated budget for the development of new toilets within the area, or the proposed capital programme, and any recommendations to provide such new facilities would need to be determined with an appropriate funding source.

3.1.1 The Connétable of St. Peter :

Thank you for that answer from the Assistant Minister. I would like to just ask the Assistant Minister is he prepared to work with the Minister for Transport and Technical Services and other users to determine the actual need down there and whether such a scheme would be viable in that area?

Deputy E.J. Noel:

Yes, indeed, I would be willing to work with the Minister for Transport and Technical Services and the Comité des Connétable s because I believe this is not just a localised issue, there are wider issues there, and I would be mindful of the fact that we should not be having a knee-jerk reaction to what may be a more long-term solution to be worked out. I would like to point out that public toilets are available within 200 metres of Le Port at the El Tico facility, and those are open to the public on a 24/7 basis.

Deputy R.G. Le Hérissier of St. Saviour :

I just wanted to ask the rapporteur: could he indicate whether he is in favour of developing a full motor home site on the Island and, if so, which one does he prefer?

The Bailiff :

I am sorry, that does not fall within the question about public toilets, Deputy . We will move on to the next question which Deputy Higgins will ask of the Attorney General.

2. Deputy M.R. Higgins of St. Helier of the Attorney General regarding the Viscount's recent decision to  release creditor details of  bankrupts to the media in the public interest':

Will Her Majesty's Attorney General explain to Members the rationale behind the Viscount's recent decision to release creditor details of bankrupts to the media in the public interest' and will he explain what consultation, if any, the Viscount took, with whom and when, and what limits or qualifications there are to this publication?

[9:45]

Mr. T.J. Le Cocq Q.C., H.M. Attorney General:

Under the Departments of the Judiciary and the Legislature (Jersey) Law 1965, the Viscount is an independent officeholder and, as such, the Attorney General has neither control of nor responsibility for the discharge by the Viscount of the functions of his office. More importantly, however, as concerns his functions in a désastre, the Viscount is an officer of the Royal Court and acts as such in the decisions that he makes. Accordingly, decisions taken by him in individual désastre cases are not proper matters for discussion in the Assembly.

1. Deputy M.R. Higgins:

First of all, the question was not originally directed to the Attorney General, it was directed to the Chief Minister, who I think has responsibility for the court system or for justice in the Island. I do think it is a matter of interest to the public because the Viscount in this case is setting what I think is a dangerous precedent in that he is publishing information of debts that have not yet been proved. For example, Walker s, the advocates, had £40,000 knocked-off their previous bill and yet they are submitting other claims, as are others. So how is it that information that has not yet been firmly established is put online and where is that in the public interest?

The Attorney General:

I do not think I am in a position to go any further than my original answer. The reasons for the Viscount's decision is a matter for the Viscount and they are not a matter for discussion in this Assembly. That would quite clearly cross the line between a separation between the legislature and the judiciary.

2. Deputy M. Tadier of St. Brelade :

Can I just ask the Attorney General to whom one would ask that question to be able to get an answer?

The Attorney General:

If the question had been posed to the Chief Minister I would assume the Chief Minister would answer it in precisely the same way: these are not matters for discussion within the Assembly. It is perfectly reasonable to ask questions about the operation of areas of the court to the Attorney General; traditionally the Attorney General has been the person who has answered questions of that nature, but questions about specific matters, specific judgments of the court, specific matters before the court, specific désastres that are ongoing and current, certainly should not be discussed in the Assembly.

3. Deputy M. Tadier :

In that vein, could one ask would the Attorney General think it normal practice for a member of the public to have such information as the amount being claimed against them to be put in the public domain?

The Attorney General:

I am afraid in the context of the question, it is impossible to separate the general question that has been asked of me by the Deputy with the specific question that has been raised in connection with a specific désastre, and I do not feel able to answer it.

4. Deputy J.H. Young of St. Brelade :

If a person who is subject to en désastre proceedings considers that they suffer from damage due to publication of incorrect information, do they have any rights, any redress?

The Attorney General:

To be able to give any kind of answer to that I am afraid I need to know the precise details because any case of this nature will be right-specific. The Viscount would not normally be liable for any of the acts that he takes - if that is the question - pursuant to his office in a judicial or quasi-judicial capacity. That is not to say there are no rights of recourse in other ways, but I would need to give that much further consideration to be able to give a useful answer to the Assembly.

5. Deputy S.Y. Mézec of St. Helier :

Is the Attorney General aware of any precedent in a case where a Viscount has allowed this to happen with little justification for public interest, as it seems to be in this case?

The Attorney General:

I am certainly not going to comment on what the justification may have been for any decisions taken by the Viscount for the reasons that I have just mentioned. I have not considered any precedence in this matter so the answer is no, I am aware of no precedence for or against what has taken place.

6. Deputy M.R. Higgins:

It seems to me that we have a situation where we have people who are not elected who are unaccountable for their actions. If I could address this to the Chair, Sir, could you tell us who the Viscount is accountable to and the methods of redress?

The Bailiff :

No, you cannot ask questions of the Chair, Deputy . [Laughter] Deputy M.R. Higgins:

Can I ask the question then, who do you ask? Is there anyone in this Assembly, or is the Viscount totally unaccountable?

The Bailiff :

Is that a question to the Attorney General? Deputy M.R. Higgins:

Yes, Sir.

The Attorney General:

The Viscount is accountable in a number of different ways, primarily in connection with the désastre he is accountable to the Royal Court and, if people are dissatisfied and have an interest in what he has done, they are capable of making an application to the Royal Court; in some cases by appeal under the Désastre (Jersey) Law, in other cases by judicial review. There are mechanisms available to people who are aggrieved by the actions of the Viscount, that does not mean that there is recourse to this Assembly to discuss the matters that the Viscount has done.

7. Deputy M.R. Higgins:

Could the Attorney General tell us how a person who is bankrupt and has no means can bring an action before the Royal Court?

The Attorney General:

I am sure the Viscount will advise anyone who does not have the means - and ipso facto a person under désastre will not have the means - that they have recourse to the legal aid system and they can seek legal advice via the legal aid system in Jersey and, because they cannot afford it, would expect, in reasonable circumstances, to have a lawyer appointed to represent them.

3. Deputy R.G. Le Hérissier of the Minister for Economic Development regarding the Channel Islands Competition Regulatory Authorities:

In the light of the recently-published Annual Report, would the Minister confirm his total confidence in the board and policies of the Channel Islands Competition Regulatory Authorities?

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

As with all regulators, C.I.C.R.A. (Channel Islands Competition and Regulatory Authorities) have a difficult and often unpopular job to do in seeking to satisfy the competing demands of diverse stakeholder or interest groups. I believe that the board and officers of the competition authority under the leadership of a chairman go to great lengths to safeguard the interests of the Island population. C.I.C.R.A. continue to supply me with sound advice on competition matters and I continue to have confidence in the work that they do.

1. Deputy R.G. Le Hérissier:

I wonder, while the Minister's ringing endorsement is - I am sure - much appreciated in certain quarters, could he, for example, explain why the Chairman has said: "Economies of scale have significantly reduced and the benefits of pan-Channel Islands working have diminished." He talks of the authority's: "Inability to require the implementation of wholesale line rental by Jersey Telecoms" and he says that: "Channel Islands businesses are poorly served" after many, many years of regulation, I should add: "in respect of both on and off-Island connectivity." Could he explain why the Chairman has written in almost despondent terms about those issues?

Senator A.J.H. Maclean:

I think in a previous oral question that I answered to the Deputy , I referred to the fact that C.I.C.R.A. were going through a period of significant change, not less so due to the merger between the 2 Islands of the authority that the board has responsibility for. That has, without a doubt, caused some challenges to C.I.C.R.A. With regard to the specific questions which I think the Deputy has around the telecommunications market, the comments of the board and the Chairman in particular, relate to the frustrations I think the board felt through the whole process that ended up regrettably - I think all Members will agree - in court with regard to the wholesale line rental issue. That is, I think, a frustration because the competition authority recognised that they are not the only solution to this issue, it is also government that has a role to play in ensuring that we have what the Island needs for the long term, which is an open and competitive market so that our digital sector has the opportunity to grow and consumers get the best possible price and value.

2. Deputy G.C.L. Baudains of St. Clement :

Notwithstanding the Minister's diplomatic opening reply, I wonder if he could tell us why it is that the regulator seems unable to achieve proper competition within the telecommunication market?

Senator A.J.H. Maclean:

I think I pointed out that the regulator took the action that it thought necessary in order to open up the market. Interestingly it started, quite correctly, with dialogue with the operator, as was the case in Guernsey; and in fact, in Guernsey the outcome was somewhat different. We see over there that Sure, the dominant player, in fact, has agreed to open the market for wholesale line rental and that clearly is to the benefit of the Guernsey market. Clearly, the position in Jersey was somewhat different; Jersey Telecom decided they did not feel it appropriate to follow the discussions with J.T. (Jersey Telecom) with opening up the market in the timescale being set by the regulator and consequently that led, unfortunately, to the court case which was both costly and ultimately one that the regulator unfortunately lost. Although I might add, it was, as I understand it, largely around process that the regulator lost. This has just delayed the process and, again, in the interests of the economy and the interests of consumers in the Island, that is where the loss is. It will come, but there is now a delay, and that is very regrettable.

3. Senator A. Breckon:

Just to expand a bit on that point, the 2013 Annual Report shows an increase in telecom licence fees of £375,000 and part of that was used, £250,000 of it, to fund legal fees against a States entity, which is Jersey Telecom. Does the Minister believe that that is the best use of public funds and time and is in consumer interests?

Senator A.J.H. Maclean:

No, I do not.

4. Deputy R.G. Le Hérissier:

At the end of his report, the Chairman says: "A disproportionate amount of time has been spent on political and management issues largely arising from having a combined regulator." Does the Minister feel that pan-Channel Islands co-operation is essentially dead in this regard, or how would he otherwise explain the Chairman's comments?

Senator A.J.H. Maclean:

I certainly do not think pan-Channel Islands co-operation is dead, in fact, I think it is something that needs to evolve. It is relatively new, this is only the second full year that we have had C.I.C.R.A. in place. That relationship is developing and I think it is important for both Islands that we work hard to ensure that it is successful. There are challenges, as I have pointed out previously to the Deputy . As far as the deeper meaning of the comments in the report by the Chairman and concerns that, clearly, Deputy Le Hérissier has with regard to the Competition Authority, I would invite him to come and express them to me in privacy, and I am more than happy to take them up on his behalf and sit in on a meeting with him with the Chairman to hear first-hand exactly the nuances in the comments the Chairman made.

4. Deputy G.P. Southern of St. Helier of the Minister for Housing regarding efforts to increase supply of housing in the short and medium term:

Given that the price of a 3-bed house remains over 13 times the average wage rendering purchase beyond the means of most families what, if anything, will the Minister do to increase supply and therefore bring prices down to affordable levels in the short and medium term?

Deputy A.K.F. Green of St. Helier (The Minister for Housing):

We need to recognise that high house prices are a result of economic success combined with our natural desire to limit development; simply, too much demand chasing too little supply. This is why the Housing Transformation and the Island Plan and our population policies are so important in supporting supply and managing demand. For example, the Housing Transformation Programme and the revised Island Plan provide increased supply and funding around a limited migration objective of 325 people per year. The revised Island Plan provides for 3,700 new homes by 2020 with the £250 million invested in more and better social housing. We also trialled a starter home deposit loan scheme last year, recognising the deposit hurdle that many young families are facing, and also to help people move on from first-time buyers buying their home and then they can move up. I was allocated the responsibility last year for co-ordinating all housing in the Island. I have already commissioned a housing strategy, including measures to increase home ownership and affordability. The detailed research is well underway with the new Strategic Housing Unit working alongside the Economics and Statistics Units, and other departments, so that we can secure genuine joined-up thinking and clear direction. This will dovetail with the long-term plan for strategies in St. Helier .

1. Deputy G.P. Southern :

I am glad to hear that all is for the best in the best of possible worlds once more from the Minister, but the Minister talked about 3,700 homes by 2020, he also talks about 1,100 A' category homes by 2020. What is the record of house-building in his tenure over the past 3, 5 or 7 years? Does the Minister have a figure for success already proven?