States Meeting Transcript - 4th February 2014

STATES OF JERSEY OFFICIAL REPORT

TUESDAY, 4th FEBRUARY 2014

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

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

APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS..........................8

2. Nomination of Members of the Education and Home Affairs Scrutiny Panel..........8

2.1 Connétable S.W. Pallett of St. Brelade:..................................................8

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

3. Written Questions........................................................................8

1. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE ENERGY FROM WASTE PLANT: ........................................................................8
2. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING ROAD RESURFACING OVER THE LAST 3 YEARS:...........................................................9
3. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE SCRAP METAL FACILITY AT BELLOZANNE:.......................................................10
4. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT TO THE MINISTER FOR HOUSING REGARDING THE SAFEGUARDING OF TENANTS' DEPOSITS:.....12
5. DEPUTY J.M. MAÇON OF ST. SAVIOUR OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING COMPLAINTS TO JERSEY TELECOMS REGARDINGITS NEW BILLING SYSTEM:.........................................13
6. DEPUTY S.S.P.A. POWER OF ST. BRELADE OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE CONTROLS ON IMPORTED TOBACCO PRODUCTS:...........................................................................14
7. DEPUTY S.S.P.A. POWER OF ST. BRELADE OF THE MINISTER FOR HOME AFFAIRS REGARDING STEPS TAKEN TO CONTROL IMPORTED TOBACCO PRODUCTS:...........................................................................15
8. DEPUTY S.S.P.A. POWER OF ST. BRELADE OF THE MINISTER FOR HOUSING REGARDING THE REDEVELOPMENT OF THE ANN COURT SITE:..............15
9. DEPUTY J.A.N. LE FONDRÉ OF ST. LAWRENCE OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING FULL DETAILS OF ALL STATES FINANCE TRANSCATIONS TO DATE:..............................................16
10. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE MIS-SELLING OF PAYMENT PROTECTION INSURANCE:..........................................................................16

11. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING STATES EMPLOYEES ON ZERO-HOURS CONTRACTS:..........18
12. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING CLASSROOM ASSISTANTS AT HIGHLANDS COLLEGE:.............................................................18
13. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE USE OF BANK SHIFTS AT THE HOSPITAL: ............................................................................19
14. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE EMPLOYMENT OF LOCAL ARCHITECTS BY THE STATES OF JERSEY DEVELOPMENT COMPANY: ......21
15. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING ORGAN DONATION IN JERSEY:...............................................................................22
16. DEPUTY J.H. YOUNG OF ST. BRELADE OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE ESPLANADE DEVELOPMENT PROJECT: 22
17. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING OPERATION VESSEL':...................................23
18. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE INVOLVEMENT OF FORMER CARE RESIDENTS IN OPERATION VESSEL':............................................24
19. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING COMPLAINTS AGAINST ENFORCEMENT OFFICERS:............................................................................24 3.20DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING MEETINGS WITH VULBNERABLE MEMBERS OF SOCIETY:..........................................................................27

21. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING DEFAMATORY MATERIAL PLACED ON RECORDS:............................................................................27
22. DEPUTY J.M. MAÇON OF ST. SAVIOUR OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE FIBRE OPTIC BRAODBAND SERVICE:..29

4. Oral Questions...........................................................................29

1. Deputy G.C.L. Baudains of St. Clement of the Minister for Health and Social Services regarding the reliance on the Medicines and Healthcare Products Regulatory Agency for information on drugs: ..................................................................29 The Deputy of Trinity (The Minister for Health and Social Services):........................29

1. Deputy G.C.L. Baudains:...............................................................29
2. Deputy G.C.L. Baudains:...............................................................30

2. Deputy G.P. Southern of St. Helier of the Minister for Social Security regarding his objective of achieving £3 million savings in 2014:......................................30 Senator F. du H. Le Gresley (The Minister for Social Security): ..............................30

1. Deputy G.P. Southern :..................................................................30
2. Deputy G.P. Southern :..................................................................31
3. Deputy G.P. Southern :..................................................................31

3. Deputy M. Tadier of St. Brelade of the Solicitor General regarding the determination of uninhabitable' under Article 9(a) of the Residential Tenancy (Jersey) Law 2011:......31 Mr. H. Sharp Q.C., H.M. Solicitor General:..................................................31

1. Deputy M. Tadier :......................................................................32
2. Deputy M.R. Higgins of St. Helier:.....................................................32
3. Deputy M.R.Higgins:..................................................................32
   4. Deputy J.H. Young of St. Brelade of the Minister for Planning and Environment regarding the progression of the Island Plan policy commitment in relation to the future development of the Port of St. Helier:..................................................32 Deputy R.C. Duhamel of St. Saviour (The Minister for Planning and Environment):.........33

1. Deputy J.H. Young:....................................................................33
2. Connétable A.S. Crowcroft of St. Helier:...............................................33
3. Senator S.C. Ferguson:.................................................................34
4. The Connétable of St. Helier:...........................................................34
5. Connétable P.J. Rondel of St. John : ....................................................34
6. Deputy G.C.L. Baudains:...............................................................34
7. Deputy J.H. Young:....................................................................34

5. Deputy M.R. Higgins of the Chairman of the Privileges and Procedures Committee regarding complaints made to the Committee by the States of Jersey Police over the past 12 months against States Members: ....................................................35 Deputy J.M. Maçon of St. Saviour (Chairman, Privileges and Procedures Committee): ......35

4.5.1 Deputy M.R. Higgins:..................................................................35

6. Deputy J.A.N. Le Fondré of St. Lawrence of the Minister for Treasury and Resources regarding the repayment of the £13 million loan to the States of Jersey Development Company:..............................................................................35 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................36

1. Deputy J.A.N. Le Fondré:..............................................................36
2. Deputy J.A.N. Le Fondré:..............................................................36
3. The Connétable of St. John:............................................................37
4. The Connétable of St. John:............................................................37
5. The Connétable of St. Helier:...........................................................37
6. Deputy G.P. Southern :..................................................................38
7. Deputy J.H. Young:....................................................................38

8. Deputy S.G. Luce of St. Martin : ........................................................39
9. Deputy J.A.N. Le Fondré:..............................................................39

7. The Connétable of St. John of the Minister for Treasury and Resources regarding power outages over the last 5 years: ...........................................................40 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................40

1. The Connétable of St. John:............................................................40
2. The Connétable of St. John:............................................................41
3. The Connétable of St. John:............................................................41

8. Deputy R.G. Le Hérissier of St. Saviour of the Minister for Economic Development regarding the impact of Fixed Odds Betting Terminals: ................................42 Senator A.J.H. Maclean (The Minister for Economic Development):.........................42

1. Deputy R.G. Le Hérissier: ..............................................................42
2. Deputy M. Tadier :......................................................................42
3. Deputy G.P. Southern :..................................................................42
4. Deputy M. Tadier :......................................................................43
5. Deputy R.G. Le Hérissier: ..............................................................43

9. Deputy J.A.N. Le Fondré of the Minister for Treasury and Resources regarding the total value of loans entered into or proposed to be entered into by the States of Jersey Development Company: ................................................................43 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................43

1. Deputy J.A.N. Le Fondré:..............................................................44
2. Deputy J.A.N. Le Fondré:..............................................................44
3. Deputy J.H. Young:....................................................................44
4. Deputy J.H. Young:....................................................................45
5. Senator S.C. Ferguson:.................................................................45
6. Deputy J.A.N. Le Fondré:..............................................................46
7. Deputy J.A.N. Le Fondré:..............................................................46

10. Deputy R.G. Le Hérissier of the Chief Minister regarding the recruitment and training of local residents:..........................................................................47 Senator I.J. Gorst (The Chief Minister):......................................................47

1. Deputy R.G. Le Hérissier:...........................................................47
2. Deputy G.P. Southern : ..............................................................47
   3. Deputy G.P. Southern :..................................................................48
3. Deputy G.C.L. Baudains: ............................................................48
4. Deputy M.R.Higgins:...............................................................49
5. Deputy M.R.Higgins:...............................................................49
6. Deputy R.G. Le Hérissier:...........................................................50

11. Deputy J.H. Young of the Minister for Transport and Technical Services regarding the recent increases in bus fares:............................................................50 Deputy K.C. Lewis of St. Saviour (The Minister for Transport and Technical Services): .....50

1. Deputy J.H. Young: .................................................................50
2. Deputy G.P. Southern : ..............................................................51
3. Deputy M. Tadier :...................................................................51
4. Deputy M. Tadier :...................................................................51
5. Deputy J.H. Young: .................................................................51
6. Deputy J.H. Young: .................................................................51

12. Deputy G.P. Southern of the Chief Minister regarding net immigration and growth in the population: .............................................................................52 Senator I.J. Gorst (The Chief Minister):......................................................52

1. Deputy G.P. Southern : ..............................................................52
2. Deputy J.M. Maçon:.................................................................52
3. Deputy M.R.Higgins:...............................................................53
4. Deputy M.R.Higgins:...............................................................53
5. Deputy T.A. Vallois of St. Saviour:..................................................53
6. Deputy M. Tadier :...................................................................54
7. Deputy G.P. Southern : ..............................................................54

13. Deputy G.C.L. Baudains of the Minister for Treasury and Resources regarding the insurance of Jersey Electricity Company's undersea cables:............................55 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................55

1. Deputy G.C.L. Baudains: ............................................................55
2. Deputy G.C.L. Baudains: ............................................................55

14. Deputy M.R. Higgins of the Minister for Health and Social Services regarding the importance of the dutyof care to staff within the Children's Service:...................56 Deputy A.E. Pryke of Trinity (The Minister for Health and Social Services):.................56

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

15. The Connétable of St. John to the Minister for Treasury and Resources regarding the new billing system used by Jersey Telecom: ................................................57

Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................57

1. The Connétable of St. John : .........................................................58
2. The Connétable of St. John : .........................................................58
3. The Connétable of St. John : .........................................................59
4. The Connétable of St. John : .........................................................59
5. Senator S.C. Ferguson:..............................................................60

5. Questions to Ministers without notice - The Minister for Treasury and Resources...60

1. Deputy S. Power of St. Brelade : ........................................................60 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................61
2. Connétable J. Gallichan of St. Mary : ...................................................61
3. Senator S.C. Ferguson:.................................................................61
4. Deputy R.G. Le Hérissier: ..............................................................62

5.4.1 Deputy R.G. Le Hérissier: ..............................................................62

5. Deputy G.P. Southern :..................................................................62
6. The Deputy of St. Martin:..............................................................63
7. Deputy R.G. Bryans of St. Helier:......................................................63
8. Deputy J.H. Young:....................................................................63

5.8.1 Deputy J.H. Young:....................................................................64

9. Deputy M.R.Higgins:..................................................................64

5.9.1 Deputy M.R. Higgins:..................................................................65

10. Deputy C.F. Labey of Grouville :........................................................65

6. Questions to Ministers without notice - The Minister for Education, Sport and Culture...................................................................................65

1. The Connétable of St. Mary:............................................................65 Deputy P.J.D. Ryan of St. John (The Minister for Education, Sport and Culture):............65
2. The Deputy of St. Martin:..............................................................66

6.2.1 The Deputy of St. Martin:..............................................................66

3. Deputy M. Tadier :......................................................................66

6.3.1 Deputy M. Tadier :......................................................................67

4. Senator S.C. Ferguson:.................................................................67

6.4.1 Senator S.C. Ferguson:.................................................................67

5. Deputy G.P. Southern :..................................................................67
6. Deputy J.M. Maçon:....................................................................68

6.6.1 Deputy J.M. Maçon:....................................................................68

7. Deputy S.Power:.......................................................................68

6.7.1 Deputy S. Power:.......................................................................69

8. Connétable D.W. Mezbourian of St. Lawrence:........................................69

6.8.1 The Connétable of St. Lawrence:.......................................................69

7. The Minister for Economic Development - statement regarding the Channel Islands Ferry Service............................................................................69

7.1 Senator A.J.H. Maclean (The Minister for Economic Development)....................69

1. Deputy S.Power:.......................................................................70
2. Deputy J.G. Reed of St. Ouen:..........................................................71
3. The Deputy of St. Ouen:................................................................71
4. Connétable M.J. Paddock of St. Ouen:..................................................71
5. The Deputy of St. Martin:..............................................................72
6. Deputy J.H. Young:....................................................................72

7. Connétable L. Norman of St. Clement:.................................................72
8. The Connétable of St. Brelade:.........................................................72
9. The Connétable of St. Brelade:.........................................................73
10. Deputy J.M. Maçon:.................................................................73
11. Deputy S.Power:....................................................................73
12. The Deputy of St. Martin : ...........................................................73
13. The Connétable of St. John : .........................................................73

PUBLIC BUSINESS.............................................................................74

8. Ratification of the Agreement on the Exchange of Information relating to Tax Matters between the Government of Jersey and the Government of the Republic of Slovenia (P.168/2013)....................................................................74

8.1 Senator P.M. Bailhache (The Minister for External Relations):.........................74

9. Draft Taxation (Exchange of Information with Third Countries) (Amendment No. 9) (Jersey) Regulation 201- (P.169/2013)..................................................75

9.1 Senator P.M. Bailhache (The Minister for External Relations):.........................75

10. Draft European Union Legislation (Implementation) (Jersey) Law 201- (P.164/2013) ...........................................................................................76

1. Senator P.M. Bailhache (The Minister for External Relations):.........................76

1. Deputy R.G. Le Hérissier:...........................................................77
2. The Deputy of Grouville : ............................................................77
3. Senator S.C. Ferguson:..............................................................77
4. The Connétable of St. John : .........................................................78
5. Deputy J.H. Young: .................................................................78

LUNCHEON ADJOURNMENT PROPOSED..................................................78 LUNCHEON ADJOURNMENT................................................................78

Deputy J.H. Young:..........................................................................79

2. Draft European Union Legislation (Implementation) (Jersey) Law 201- proposition of Deputy J.H. Young to refer the matter to Scrutiny in accordance with Standing Order 79.........................................................................................79

10.2.1 Senator P.M. Bailhache :.............................................................79

11. Public Elections: Introduction of S.T.V. and A.V. (P.171/2013) .......................80

11.1 Deputy M. Tadier :......................................................................80

1. Senator B.I. Le Marquand:..........................................................84
2. Senator P.M. Bailhache :.............................................................86
3. Deputy J.M. Maçon:.................................................................86
4. Connétable J.L.S. Gallichan of Trinity : ..............................................88
5. Deputy J.H. Young: .................................................................88
6. The Deputy of St. Ouen:.............................................................89
7. Deputy G.C.L. Baudains: ............................................................90
8. Deputy S.Power:....................................................................90
9. Deputy G.P. Southern : ..............................................................90
10. Deputy R.G. Le Hérissier:........................................................91
11. Deputy J.A.N. Le Fondré:........................................................92
12. Deputy M.R.Higgins:............................................................92

13. Senator F. du H. Le Gresley:......................................................92
14. Senator S.C. Ferguson:............................................................94
15. Senator P.F.C. Ozouf : ............................................................94
16. Deputy R.C. Duhamel:............................................................96
17. Deputy M. Tadier :................................................................96

12. Law Officers' Department and members of the Law Society of Jersey: revised disciplinary process (P.152/2013)......................................................101

12.1 Deputy R.G. Le Hérissier: ............................................................101

1. Senator I.J. Gorst : ..................................................................102
2. Deputy M.R.Higgins:..............................................................103
3. Deputy J.H. Young: ................................................................104
4. Deputy R.G. Le Hérissier:..........................................................104

13. Maritime Security (Jersey) Order 201-: extension of provisions to Jersey (P.165/2013) ..........................................................................................105

13.1 Senator A.J.H. Maclean (The Minister for Economic Development - rapporteur):.....106

1. The Deputy of St. Ouen:............................................................106
2. Senator A.J.H. Maclean:............................................................107

14. Draft Amendment (No. 22) of the Standing Orders of the States of Jersey (P.167/2013) ..........................................................................................107

14.1 Deputy J.M. Maçon (Chairman, Privileges and Procedures Committee): ..............107

1. Connétable M.P.S. Le Troquer of St. Martin : ......................................108
2. Deputy J.H. Young: ................................................................109
3. Senator P.M. Bailhache :............................................................109
4. Senator F. du H. Le Gresley:.......................................................110
5. Senator I.J. Gorst : ..................................................................111
6. Deputy M.R.Higgins:..............................................................112
7. Deputy M. Tadier :..................................................................112
8. Deputy J.M. Maçon:................................................................113

ARRANGEMENT OF PUBLIC BUSINESS FOR FUTURE MEETINGS ..................116

15. Deputy J.M. Maçon (Chairman, Privileges and Procedures Committee): ..............117

15.1 Deputy R.G. Le Hérissier: ............................................................117

ADJOURNMENT..............................................................................117

[9:30]

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

1. The Bailiff :

Very well, I am delighted to welcome His Excellency to our meeting this morning. [Approbation] I have to add on a personal note I am particularly delighted to welcome him. I am still operating on New Zealand time and His Excellency has agreed that should I appear to lapse in my concentration he will poke me extremely hard.

APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS

2. Nomination of Members of the Education and Home Affairs Scrutiny Panel The Bailiff :

There is the question of nomination of members of the Education and Home Affairs Scrutiny Panel. Chairman, do you wish to make a nomination?

2.1 Connétable S.W. Pallett of St. Brelade :

At the current time I am only in a position to nominate one member and that is the Constable of St. Martin but I would be happy to receive any further nominations if there are any.

The Bailiff :

The Connétable of St. Martin; is that nomination seconded? [Seconded] Are there any other nominations? Very well, I am delighted to declare the Constable of St. Martin duly elected. [Approbation]

QUESTIONS

3. Written Questions

1. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE ENERGY FROM WASTE PLANT:

Question

With regard to the Energy from Waste Plant, would the Minister -

1. advise its maximum capacity in tonnage
2. advise the current throughput in tonnage
3. advise whether it has two separate streams'
4. provide a list ofthe outstanding faults and when they occurred (not including minor issues such as the failure of a switch)

Answer

1. The nominal throughput capacity for the plant is 105,000 tonnes per annum with a wasteof a calorific value (CV) of 9.2 MJ/kg.

2. The plant processed 71,785 tonnes of waste during 2013 and is operating at the level required to deal with the present Island waste production.
3. The plant has two separate incinerator streams. These streams are linked to common components ofthe plant such as the waste bunker, maturation silo, lime storage silo and turbine.
4. In the answer to question 7694 of November 2013 it was stated that there were 51 defects which still required attention. With the exception of a short shutdown, due to circumstances outside ofTTS's control, the planthasoperatedcontinuouslysincethen. CSBC (Jersey) Ltd is still working withTTSto resolve defects however there are some defects that cannot be closed out until the next planned shutdown in February 2014. No new defects have been raised since August 2013

Should the Deputy require further detail on these defects TTS Officers would be quite happy to arrange a meeting with the Deputy so that the defects can be reviewed.

2. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING ROAD RESURFACING OVER THE LAST 3 YEARS:

Question

With regard to road resurfacing, would the Minister -

1. state whether he is satisfied withthe quality of resurfacing undertaken within the last three years,
2. advise whether his department has a standard for resurfacing work and, if so, who designed it, whether it is compatible with other jurisdictions and how it is enforced;
3. whether the specification in (ii) has changed in the last ten years;
4. whether he agrees that resurfacing up to a decade or so ago was of considerably better quality than at present; and,
5. whether utility companies and other contractors trenching roads will be required in future to reinstate after their workto a finishat least as good as before work started and, if so, when will this be introduced?

Answer

1. In general the quality of the road resurfacing undertaken in the last three years is satisfactory. The resurfacing meets all the current specifications, contract conditions and quality controls. There are further improvements that my Department would like to see and we are actively undertaking trials with the resurfacing contractors to improve surface ride quality and friction characteristics and we are also investigating different types of surface treatments to extend the life of the main roads.

2. TTS uses the Manual of Contract Documents for Highway Works Volume 1- Specification for Highway Works, issued by the Department for Transport (amended 2009), in accordance with the UK and used by many other jurisdictions around the world. TTS has used this specification for the last six years. This specification is soon to become a European Standard.

TTS provides qualified highway engineers to design contracts and to act as site supervisors for all resurfacing works. Any work that has been undertaken by Contractors that is not in accordance with the Specification is identified as defective until the Contractor puts right the defect at his own cost within the terms and conditions of the contract.

3. Approximately six years ago TTS changed the specification for resurfacing to include a stronger, deeper surface course that gave better properties in strength, durability and friction.
4. The resurfacing up to a decade ago was not considerably better quality. All resurfacing works are laid to modern day Specifications taking account of any new developments in the asphalt market.
5. All trenching works are covered by the Department for Transport Code of Practice (3rd edition) Specification for the Reinstatement of Openings in Highways, commonly called HAUC This document clearly sets out types of accepted materials to be used, standards of workmanship and performance requirements for openings in highways. TTS have been using this standard for many years with the agreement of the utility companies. Until the proposed Streetworks Law is introduced the specification remains a guide and cannot be legally enforced. TTS undertake inspections on the quality of reinstatements, these are recorded and any substandard reinstatements are reported back to utility companies for them to repair. This system will be subject to stricter control when the new law is introduced with the utility companies providing a 3 year guarantee.

3. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE SCRAP METAL FACILITY AT BELLOZANNE:

Question

With regard to the scrap metal facility at Bellozanne, would the Minister –

1. confirm that one of the reasons for putting the workoutto tender was to achieve a more environmentally conscious process;
2. advise whether vehicles are now squashed complete (together with all interior fittings and furnishings) whereas before upholstery and other items were removed before fragmentation and, if so, would the Minister explain howcrushing complete vehicles is more environmentally friendly than fragmentation and how materials are better recycled as a result;
3. advise whether the previous operator was requested by the Transport and Technical Services Department to move from crushing vehicles (albeit after removal ofupholsteryand the like) to a fragmentation process; and,

4. confirm that as a result of moving to a system whereby complete vehicles are crushed that second-hand spare parts for vehicles are no longer available and, if so, would he explain how such a situation ties in with recycling policies?

Answer

1. I can confirm that one of the reasons for putting the Scrap Metal Contract out to tender was to modernise the operation to meet latest environmental standards, along with the following reasons:
   1. to comply with the States Financial Directions in relation to tendering of contracts;
   2. to maximise the economic value of the scrap generated on the Island, benefit both the scrap producers and the States of Jersey.
   3. to provide a safe environment for both staff and suppliers of scrap.
2. Vehicles are squashed and subsequently shredded complete with upholstery and interior trimmings- this is the standard process across the whole of Europe for recycling cars. Vehicles are first depolluted to remove hazardous items (for example fuel and oils which are sent for recovery and recycling), they are then squashed complete with upholstery and interior trimmings to maximise the efficiency of the onward transportation to a shredder in Portsmouth. It would be very unusual for cars to have interiors removed, and even if they were removed there are little or no markets for the recycling of foam and fabric removed from cars.

Historically cars were stripped of interiors to allow the car shells to be pressed and supplied to steelworks without any further processing and separation. However, this practice died out from the mid 1960's onwards following the development of large scale car shredders such as the one at Portsmouth. These allowed cars to be processed much more efficiently and produced a cleaner, easier to handle and higher quality steel product for the steelworks (steel accounts for around 70% of the vehicle by weight). It also made possible the more efficient recovery of non-ferrous metals such as copper and aluminium (much of this was lost prior to the development of car shredders). Recycled steel saves 1 tonne of CO2 for every tonne processed. Non-ferrous metals save up to 10 tonnes of CO2 for every tonne processed. The residual non-metallic elements of a vehicle (25%) have traditionally been land filled or incinerated. In recent years technological advancements have made it possible to recycle some of these residual elements. Through their partners, material processed by HJL has access to the most advanced and resource efficient vehicle recycling systems.

In particular plastic is recovered and recycled into high quality, high value single polymer plastics such as polypropylene and polyethylene capable of going back into the same applications from whence they came in a purpose plant which is one of the worlds most advanced plastic recycling facilities, located in Worksop UK. Each tonne of plastic recycled in this way saves between 1.5 and 3 tonnes of CO2. In addition a dedicated thermal processing plant using state of the art pyrolysis technology (the world's first) has been built to turn the residual rubber foam and fabric into electricity. It has been necessary to build a dedicated plant to carry out this process because conventional Energy from Waste plants cannot effectively control emissions and pollutants associated with the combustion of auto shredder residues. All told, when the energy plant commences operation in the first half of 2014 well over 95% of the weight of the car will have been reused, recycled or turned into energy which will be a world leading standard.

3. In the mid 1990's the price ofscrap metal was very volatile and made the existing operation unviable financially. The Public Services Department, working with the scrap yard operator, commissioned a reporttoascertainwhat the best solution would be to maintain a financially viable scrap  yard in Jersey. Within this report it was suggested that the utilisation of a fragmentiser would produce the best financial return for the operator (i.e. to continue with the existing process ).

Following the publication of the waste strategy in 2005 TTS have been in regular correspondence with the previous operator to provide suitable depollution infrastructure and cease the production of scrap yard residue. This residue was a key contamination source for the Bellozanne incinerator and subsequently the new incinerator at La Collette. Burning scrap yard residue prevents any opportunity for TTS to recycle ash.

Minimising on island scrap yard residue was a key requirement for the scrap yard tender. The tender process was undertaken in accordance with States Procurement procedures, providing fairness to all parties. There were no separate contract negotiations with the previous company as to how they processed scrap metal in terms of equipment, other than like any other waste operator there was an expectation that they adapt the process and procedures to comply with all relevant legislation, including for example Ground Water, Waste, Health and Safety, and good environmental practices.

4. Second hand spares are still available locally from HJL. They are removed to order when a request is received rather than on spec' as was previously the case. Across the auto salvage industry this is an increasing trend due to the high costof removing and storing parts which mayor may not sell. It is also a prudent approach as often bulk demand for spare parts comes from areas ofthe world where it can be difficult to verify the identity ofthe customer andcarryout the necessary due diligence to verify the source of funds and comply withother money laundering regulation requirements.

4. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT TO THE MINISTER FOR HOUSING REGARDING THE SAFEGUARDING OF TENANTS' DEPOSITS: Question

Would the Minister clarify, with regard to the Housing (Registration) (Jersey) Law 1962 and the retention of deposits, how many proprietors have been found guilty of not refunding deposits in the last five years?

How, where and by whom is it intended to safeguard deposits in the future under the Regulations made under the Residential Tenancy (Jersey) Law 2011?

Would the Minister also advise of the costs involved in operating any new scheme and whether deposit capital or interest will be used to offset those costs?

Answer

The Lodging Houses (Registration) (Jersey) Law 1962, deals with whether a lodging house, as defined under the Law, may be registered, primarily with reference to the standards of the accommodation. There is no express offence relating to the non-refunding of a deposit.

However, the recently introduced Residential Tenancy (Jersey) Law, 2011, requires tenancy agreements to make provision for deposits, and actions can then be undertaken under the Law with reference to the Petty Debts Court, including by persons in registered lodging houses, in the event of a dispute.

The programme of work of the Strategic Housing Unit for the first 6 months of 2014 includes measures to support tenants and landlords under the Residential Tenancy (Jersey) Law, 2011, including:

1. bringing forward by Order the requirement to complete a "condition report" on commencement of a tenancy (to assist in navigating deposit disputes); and
2. bringing forward by Regulation a compulsory deposit protection scheme for all tenancies.

The deposit protection scheme will require deposits for new tenancies to be paid to a scheme administrator, with avenues, including mediation and adjudication, available on completion of the tenancy if the parties do not agree on the amount to be returned. This is consistent with States decisions. As to who the scheme administrator will be, that will be subject to a procurement process to conclude should the Regulations be approved.

As to the costs of the deposit protection scheme, these will be published with the Regulations, but the intention is that the scheme is at nil cost to the States of Jersey, with costs to be recovered from interest on balances held and fees to meet costs, if necessary.

5. DEPUTY J.M. MAÇON OF ST. SAVIOUR OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING COMPLAINTS TO JERSEY TELECOMS REGARDINGITS NEW BILLING SYSTEM:

Question

Will the Minister, as the shareholder representative, advise how many complaints, if any, JT has received from customers regarding the installation of the fibre optic systems?

How many complaints, if any, has JT received from customers regarding the new billing system? Will the Minister request JT to install a transparent billing system as previously?

Will the Minister advise whether JT undertook a customer consultation prior to the implementation of its new billing system, and if so, what was the sample size and demographic of this survey and what were the results?

Answer

During 2013 a total of 6,594 customers were connect to the fibre optic system. Of these 214 complaints were recorded, representing 3%.

JT's have advised that their Contact Centre receives approximately 1,200 billing query calls per week and that billing query calls have not increased since the introduction of the new system.

The new JT billing system has wider capabilities than are currently being used during the initial bedding in period', which they advise when implemented will improve access and transparency to billing information. Additional JT call agents and staff will remain available meanwhile to assist customers during this process.

Information gathered from calls to JT's Contact Centre played the primary role in assisting JT billing teams to redesign the new bills, which included industry best practice initiatives. In addition, customer focus groups were undertaken including specific presentations to special interest groups such as Age Concern and the Consumer Council. All feedback received was taken into account, including conflicting advice and views which JT had to take a judgement on to finalise the new system. JT has committed to completing a review of feedback when the system has been fully tested, after Q1 2014. The new system can then be adjusted to reflect this feedback.

6. DEPUTY S.S.P.A. POWER OF ST. BRELADE OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE CONTROLS ON IMPORTED TOBACCO PRODUCTS:

Question

Could the Minister indicate what steps, if any, are being taken to control the amount of tobacco product being imported informally into the Island so that sale of tobacco outside night clubs, bars and restaurants can be stopped and can he advise whether the annual estimated loss of revenue of up to £8,000,000 to Treasury as a result of the smuggling of tobacco and informal importation of duty free is a realistic figure?

Answer

The following steps are being taken to control the amount of tobacco being imported into the Island without payment of duty.

1. Officers in the Customs & Immigration Service continue to monitor this type ofpassengertrafficanddependingonthecircumstances either seize, charge duty, orprosecuteindividuals contravening the duty free allowance.
2. Extra resources are being allocated to identifying passengers importing goods in excess of the duty free allowance and particularly cigarettes. The Customs & Immigration Service have received funding to employ 2 temporary officers for 3 months from June 2014. (These are the busiest months for C&I Officers on the frontiers).
3. A review of the tobaccoduty free allowance is being considered in liaison with Guernsey. Further consultation will take place.

Whilst there is evidence to suggest that many travellers are making full use of their duty-free tobacco allowance, and in some cases exceeding it, it is not possible to say whether the annual estimated loss of revenue mentioned by the Deputy in his question is realistic. In addition there is no evidence or intelligence to suggest commercial tobacco smuggling is taking place.

7. DEPUTY S.S.P.A. POWER OF ST. BRELADE OF THE MINISTER FOR HOME AFFAIRS REGARDING STEPS TAKEN TO CONTROL IMPORTED TOBACCO PRODUCTS:

Question

Could the Minister indicate what steps, if any, are being taken to control the amount of tobacco product being imported informally into the Island so that sale of tobacco outside night clubs, bars and restaurants can be stopped?

How many trucks and commercial vehicles, if any, have been stopped and searched for this specific purpose in the past year?

Answer

In order to control the amount of tobacco being imported into the Island without payment of duty, Officers in the Customs and Immigration Service continue to monitor this type of passenger traffic and, depending on the circumstances, either seize, charge duty, or prosecute individuals contravening the duty free allowances. There have been 2 prosecutions in recent months.

Extra resources will be allocated to identifying passengers importing goods in excess of the duty free allowance and particularly cigarettes. The Customs and Immigration Service have received funding to employ 2 temporary officers for 3 months from June 2014. These are the busiest months for Customs and Immigration Officers on the frontiers.

In relation to searches, it should be noted that when stopping and searching a passenger, vehicle or container, officers are searching for any type of goods that are restricted / prohibited on import. As a result, searches are not confined specifically to tobacco goods and the Customs and Immigration Service do not keep specific search records for vehicles / trucks.

However, I am able to confirm that in total 1909 searches were undertaken at the ports last year. As a result of these searches, 586 had a positive outcome from a tobacco seizure perspective. The seizure details are as follows:

182,500 cigarettes (Duty evasion - £39,100) 51 kgs of tobacco (Duty evasion - £13,200)

8. DEPUTY S.S.P.A. POWER OF ST. BRELADE OF THE MINISTER FOR HOUSING REGARDING THE REDEVELOPMENT OF THE ANN COURT SITE:

Question

Would the Minister advise the Assembly why a decision has been made for the Housing Department not to re-develop the former Ann Court site, when previous Ministers for Housing were given an assurance that the site would be returned for development of housing in return for co- operation with the works associated with the Philip Street shaft, clearance and demolition of the site and the provision of temporary replacement parking for the Millennium park project?

Answer

The site is being made available for the development of social housing once its temporary use as public car parking comes to an end in January 2015. I had to consider which organisation was best placed to deliver what will be a very significant scheme of social housing and which it is presently proposed will include 200 public car parking spaces. As Members are aware the Housing Department will become Andium Homes on 1st July 2014 and already has a significant programme which includes the construction of 899 new homes. I was cognisant of the fact that the Jersey Homes Trust had an appetite to develop new homes and had as at 31st December 2012 accumulated a cash balance of £12m which will have increased throughout 2013. This could be augmented with private finance to entirely fund the scheme without any recourse to the public. This will ensure that the new homes, 200 spaces of public car parking and parking for residents are delivered as quickly as possible. This will be a significant benefit to businesses and residents in the North of Town over and above the benefits that they will see from having proper flood alleviation measures.

9. DEPUTY J.A.N. LE FONDRÉ OF ST. LAWRENCE OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING FULL DETAILS OF ALL STATES FINANCE TRANSCATIONS TO DATE:

Question

Given that the response of the Minister to question 8061 asked by Senator S.C. Ferguson at the meeting of 21st January 2014 was stated to be as at 31st December 2012, would he provide a detailed schedule of all loans, finance leases, guarantees, indemnities, letters of comfort, securities and off balance sheet financial arrangements (including the duration of the transaction, interest rate and any conditions attached to the transaction and the counterparty) entered into or proposed by the States or any organization wholly owned by the States (irrespective of purpose) during the period from 31st December 2012 to date?

Answer

Work on the Financial Report and Accounts 2013 is not yet complete. Once the technical work is finalised the Minister will publish this information on an unaudited basis.

The Minister has published the Budget Management Report for the six-month period ending 30th June 2013 (R. 155/2013). This Report includes any new lending activity, as required by the Public Finances (Jersey) Law 2005.

10. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE MIS-SELLING OF PAYMENT PROTECTION INSURANCE:

Question

Further to his responses  in questions of 21st January 2014 in relation to Payment Protection Insurance (PPI) mis-selling in the Island, will the Minister agree to produce and publicise lists of companies –

1. operating as branches ofUK financial services lending institutions who can be pursued by complainants through the UK ombudsman, and

2. operating as local subsidiariesofUK financial serviceslending institutions who can only be pursued locally

If not, will he state, in light of the limitation contained in Article 11 of the draft Financial Services Ombudsman (Jersey) Law 201- (FSO) that complaints to that office will be treated as premature if respondents have not been given 3 months to respond to the complaint first?

Is the Minister aware that some loan companies have recently agreed to investigate complaints locally when previously they would not and, if so, will he agree to publicise this change to assist residents in pursuing claims?

Will he agree to extend the general time limit' of 6 years on claims contained in Article 11 of the draft Law and, if not, why not?

What is the timetable for bringing the FSO Law into force? Answer

Ombudsman jurisdiction is determined by examining all the facts of a complaint, complaints will be transferred to / from the UK Financial Services Ombudsman, where appropriate.

Under Article 12 (1) and Article 11 (1) a complaint will be rejected as premature if the respondent has not had, in the opinion of the Ombudsman, a reasonable opportunity to deal with it. Article 11 (2) states the Ombudsman must not treat a reasonable opportunity as extending beyond 3 months after the date, in the opinion of the Ombudsman, that the respondent first had sufficient information to start investigations or, if sooner, as extending beyond the date on which the respondent notifies the complainant that no further action will  be take on the complaint. In plainer English the reasonable opportunity must not be more than 3 months, unless the respondent has earlier notified the complainant that they will take no further action on it. Also if a complaint is rejected as premature, it can be later referred to the Ombudsman once it is no longer premature.

I am aware that, in some specific circumstances, complaints can be re-evaluated by the financial services provider. However, I am not aware there is an across the board change' in need of publicising. I would encourage anyone who feels they have a valid complaint against a financial services provider to make contact with them.

Complaints to the Ombudsman must concern acts occurring on or after 1st January 2010; complaints must not be premature (meaning respondent must have had a reasonable time to deal with them) and complaints must be referred to the Ombudsman before the expiry of the relevant time limit. If a respondent meets certain conditions in their handling of a complaint the relevant time limit is abbreviated to 6 months after the respondent notifies the complainant they have completed their handling of the complaint, in all other cases the general time limit is the later of 6 years after the act to which the complaint relates or 2 years after the complainant should have been aware they had cause to complain. Even if the general time limit was extended, the act would still need to have occurred after 1st January 2010. That date was chosen as the starting point' of the scheme as it was the start of the year closest to the date States members voted to establish an Ombudsman and so enables consideration of complaints about events from the start of the year after the decision.

I fully expect the Financial Services Ombudsman to commence its work in 2014.

11. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING STATES EMPLOYEES ON ZERO-HOURS CONTRACTS:

Question

Will the Chief Minister inform members how the numbers of those public employees employed on zero-hours contracts given in his response to written question 8053 relate to the figures of FTE employees given in departmental annual reports?

In the same response, when the Minister states "appointments to States of Jersey roles are made using the appropriate contract", is he confirming that there is no inappropriate use of zero hours contracts in any States department or is there use of other contractual arrangements such as consultancy or agency work?

Will he account for the large increase in the number of zero-hours contracts between March 2012 and December 2013?

Will he provide a breakdown of the 25% increase in numbers of those on zero-hours contracts by department and by job description along with an analysis of whether these posts were to provide cover for temporary, short-term or urgent absence?

Answer

1 - There are no FTE figures attached to Zero hours working. As a consequence the figures attached to zero hours working do not relate to FTE of employees in substantive jobs.

2 - A department will determine how best to meet its staffing needs during any period from a range of options, including; flexi leave, use of overtime, permanent full time/part time contracts, fixed term contracts, zero hours agreements, external consultants/agency staff, as appropriate.

3 – The total zero hours figure (1157) provided in written question 6833 relates only to those zero hours workers that were actually paid (i.e. active) during the month ending 31/03/2012. It does not include zero hours workers who were inactive for the month ending 31/03/2012.

The total zero hours figure (1452) provided in written question 8053 relates to those workers solely on zero hours agreements and includes those who were active or inactive as at 31/12/3013.

As a consequence the figures are not comparing like for like.

4 – Given the answer in 3, above, there has not been a 25% increase in the number of people on zero hours contracts. In fact there was a reduction in active zero hours contracts during that period.

The current database is not able to determine whether the zero hours arrangement attached to each worker/job was to provide cover for temporary, short term or urgent absence.

12. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING CLASSROOM ASSISTANTS AT HIGHLANDS COLLEGE:

Question

Can the Minister advise whether classroom assistants at Highlands College are on zero hours contracts despite being informed of their timetable of duties a term in advance and, if so, does he consider the use of zero-hours contracts is appropriate and explain why?

Answer

Highlands College does have a number of Learning Support Assistants (LSA) who are employed on zero hours' contracts, as well LSAs who are on permanent contracts.

In cases where the needs of students have been clearly identified in advance, the LSAs involved can be on permanent contracts. Typically they provide support in the classroom as well as one-to-one sessions with a student in order to focus on their particular requirements. LSAs working in this way would have a full workload and little extra capacity.

The zero hours contracts provide the flexibility that is essential in order to meet unexpected and fluctuating demand, particularly from some of the most vulnerable students. Support is provided by LSAs in a responsive way during the term, when and if a need comes to light as a result of a student's personal or academic circumstances. It is not possible to plan this in advance.

Zero hours contracts are considered appropriate because they enable Highlands to put support in place at short notice and in a way that is led by the student's need. It means the amount of time can be tailored to meet the best interests of the young person. LSA workloads may be unpredictable as a result and hours contracted will increase or decrease in response to the needs of the students they support.

The arrangements for zero hours contracts in this area are regularly reviewed.

13. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE USE OF BANK SHIFTS AT THE HOSPITAL:

Question

Will the Minister explain to members how bank shifts, described by the Chief Minister as "standard and normal methodology" operate to provide additional hours of work for nurses and other health workers in the hospital?

Will she state what rates are paid for such shifts, whether there are cost savings made through this practice; whether there are limits placed on the number of hours, consecutively or otherwise, that an individual can do and what number of hours in total and as a proportion of the total requirement for full service provision are being met by such bank shifts?

Answer

Operation of Bank Shifts – Nurses, Midwives and Healthcare Assistants in the Hospital

• Bank shifts are booked to cover sudden or planned absence of staff or to cover a sudden increase in demand – such as the need to provide one to one care.

• Staff registered on the nurse bank do so from choice, as either HSSD bank staff only or from our existing registered or non registered workforce
• Bank staff respond to immediate and/or predicted staffing shortfalls where a ward area requires minimum safe staffing levels to operate or where a service would be depleted in the absence of staff.
• Any member of staff registered on the nurse bank is responsible for making the nurse bank office aware of their availability for shifts at any time.
• Bank staff may be contacted hours or days before they are required to cover a shift.
• A minimum of 12 hours notice is given to any member of staff booked, where the shift is subsequently cancelled, unless they choose to accept cancellation of shift without notice.

Bank Staff Rates of Pay – Nurses and Midwives and Healthcare Assistants

• Bank staff are employed on zero hours contracts at Grade 1 Health Care Assistant or Grade 4 Staff Nurse rates of pay, this is the same as permanent staff unless a specific managerial or specialist nurse cover is required at Grades 5 or 6.

Grade 4 Staff Nurse Bank £18.68 - £20.64 per hour Grade 1 Health Care Assistant Bank £12.10 - £13.14 per hour

• Entitlement for additional payments for working out of hours, nights weekends or bank holidays apply the same as the permanent contracted nursing and midwifery workforce.
• HSSD Bank staff are entitled to 0.8% holiday pay which is applied at time of payment 4-6 weeks in arrears.
• In relation to cost, the use of bank staff supports cost containment. As previously explained much of the bank staff usage relates to cover for substantive posts for short periods of time or to support a sudden increase in service demand.

Maximum hours of bank staff

• The safe number of hours that any member of staff either bank or contacted hours is approximately 50 hours per week, which correlates with the European Working Time Directive (EWTD). The hours are monitored, with random audits being undertaken as required.

• Staff may be required to undertake some additional hours in exceptional circumstances, where low staffing levels, significant sickness or a major incident would otherwise have a major impact on staff cover. At such time, the requirement for additional hours has to be sanctioned by management.

Total bank hours used as a proportion of budgeted establishment:

2013 : Bank Hours booked to cover 24/7, 365 days of the year across all areas of the hospital, including wards, theatres, clinics etc:

• an average of Registered Nurse bank hours (to provide cover 24/7 across 365 days of the year) equivalent to 3.40 full time equivalents were recorded as being booked
• an average of Health Care Assistants bank hours (to provide cover 24/7 across 365 days of the year) equivalent to 6.70 full time equivalents

were recorded as being booked

• The total equates to 0.88% of the overall combined registered and non registered budgeted workforce

14. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE EMPLOYMENT OF LOCAL ARCHITECTS BY THE STATES OF JERSEY DEVELOPMENT COMPANY:

Question

Could the Minister, as the shareholder representative, outline whether there is a policy regarding the employment of local architects by the States of Jersey Development Company and, if so, whether a process of pre-qualification is in place and, if not, when will it be in place?

Answer

There is no policy for the States of Jersey Development Company ("SoJDC"/"the Company") to employ local architects.

The Company performs pre-qualification processes as needed on a project by project basis.

The Company operates at arm's length to the States of Jersey and whilst there are appropriate governance arrangements in place with the Treasury Minister, as the political representative for the Company in accordance with P73/2010, the proposition establishing SoJDC, this does not extend to dictating policy on the Company's procurement and the Minister is not proposing to introduce any such policy.

The Company operates in a commercial environment and its prime purpose "is to act as the delivery vehicle for property development for the States of Jersey" (P73/2010). It therefore requires the necessary flexibility to work with which architects it chooses are in its best interests.

By way of example, the architect for the regeneration of the former Jersey College for Girls site is a local practice employing local staff.

It has been widely reported and explained by SoJDC why the first office buildings on the Jersey International Finance Centre ("JIFC") are being designed by off-island architects. This is primarily due to the fact that there are only two local practices with experience of delivering office buildings and both were involved with alternative schemes which are competing with the JIFC. SoJDC took the decision to appoint off-island for the first three buildings in order to differentiate its offering from other rival developments.

15. DEPUTY  R.G. LE  HÉRISSIER  OF ST.  SAVIOUR OF THE  MINISTER  FOR HEALTH  AND  SOCIAL  SERVICES REGARDING  ORGAN  DONATION  IN JERSEY:

Question

Could the Minister confirm whether the study into the Organ Donation system in Jersey (P.89/2013 adopted 24th September 2013) has commenced and, if so, when it is intended to report back to the States?

Answer

Yes. I can confirm that initial work is already underway to review the research undertaken in 2013, with a view to determining what additional work may be needed to develop proposals for increasing donor registration and donation in Jersey.

Deputy Le Hérissier's question comes at an opportune time, as I am in the process of establishing a small review group – which will include expert clinical input – to take this work forward over the coming months.

Given Deputy Le Hérissier's ongoing interest in this issue, I hope he will accept my invitation to become involved in that work, to consider options and develop recommendations for the future.

In line with this work, it is my intention to bring an interim report back to the States, as agreed, by the end of the year.

16. DEPUTY J.H. YOUNG OF ST. BRELADE OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE ESPLANADE DEVELOPMENT PROJECT: Question

Will the Treasury Minister inform the Assembly in detail of the procedures followed by the States of Jersey Development Company to subject the Esplanade Development project to financial appraisal to assess its cost, benefits and risk over the lifetime of the project to completion, to meet the Masterplan requirements and advise whether this appraisal has been subject to independent professional review and evaluation either by the Treasury or external practices prior to submitting the Planning applications for this development and, if so, when and by whom and will the evaluation report will be published?

Answer

States of Jersey Development Company Limited ("SoJDC"/"the Company") undertakes regular financial appraisals of its various development projects.

In respect of the Esplanade Quarter, SoJDC has appointed leading cost and procurement consultants EC Harris ("ECH") and Colin Smith Partnership ("CSP"). ECH/CSP provide all cost information to SoJDC in relation to the first phase of the Esplanade Quarter, which has been re- branded the "Jersey International Finance Centre" ("JIFC").

SoJDC has also appointed a highly reputable firm of commercial surveyors, BNP Paribas Real Estate ("BNP") to act as the sole letting agent for the JIFC and to provide SoJDC with estimated end values of the completed, fully-let office buildings.

The professional information provided to SoJDC from ECH/CSP and BNP has been input into development appraisals in order to model the expected net financial return of the JIFC.

These development appraisals have been provided to the Minister for Treasury and Resources and SoJDC's external funder for the first two office buildings and part of the underground public car park.

SoJDC's development appraisals are highly commercially sensitive. SoJDC is operating in a competitive commercial environment with other third party developers and it would be inappropriate, and commercially damaging, to publicly reveal these development appraisals which would disclose the financial terms of SoJDC's negotiations with prospective tenants. Third party developers do not reveal such information in the public domain and nor should SoJDC.

The States Assembly has appointed a Board of Directors to oversee, review, challenge and drive the activities of the business. The Non-Executive Directors have significant experience of operating highly successful businesses. It is not the role of the Shareholder to second guess the professional advice that the Board has received and duly considered nor to establish shadow arrangements.

17. DEPUTY  M.R. HIGGINS  OF  ST.  HELIER OF THE  MINISTER  FOR HOME AFFAIRS REGARDING OPERATION VESSEL':

Question

Further to the Minister's e-mail on 23rd January 2013, advising that that one of the victims but none of the alleged perpetrators involved the investigation into the grooming of young girls were in care at the time of the relevant time, will the Minister advise how many of the alleged victims and perpetrators interviewed/involved in Operation Vessel had been in care at some previous time in their lives?

As one of the child victims was in care at the time of the alleged offences, did the police have any discussions with the Children's Service?

Answer

The police do not hold information as to which children are in care or have been in care unless it is obvious from their address on contact with the police.

This was a multi-agency investigation and all children, whether in care or not, were referred to the Children's Service for assessment.

18. DEPUTYM.R.HIGGINSOFST.HELIEROF THE MINISTER FOR HEALTHAND SOCIAL SERVICES REGARDING THE INVOLVEMENT OF FORMER CARE RESIDENTS IN OPERATION VESSEL':

Question

1. Will the Minister confirm that one of the children  involved in Operation Vessel, the sex grooming case was in care at the time?
2. Why did the Department not lodge a criminal complaint with the police as they were in loco parentis and had lawful authority to do so?
3. What is the Department's policy in these circumstances? Answer

1. I am sure Members would agree it would be wholly inappropriate to discuss publicly the specific details of any investigation which may lead to the identification of one or more individuals.

However, I can confirm that there was a multi-agency investigation, which involved among others, States of Jersey Police and the Children's Service. The focus of the inquiry was on both investigating what, if any, crimes had been committed and to offer help and support to any young people who may be identified as being involved.

It is important to clarify that there was no correlation between this inquiry in Jersey and the circumstances of cases being investigated within the UK.

2. The Children's Service was partofthe initial inquiry, working alongside the Statesof Jersey Police as a critical partner in the multi-agency investigation. As such, the department was acting in the best interests of the children in its care
3. The policy ofthe department is to protect the safety ofall children, of all ages, whatever the circumstances and it goes without sayingthatwe would takeall appropriate, permissible action in any case where issues – criminal or otherwise – may indicate that a child in its care is in a vulnerable situation.

I would add that there has also been significant investment across all relevant agencies to raise awareness of childhood sexual exploitation and to increase support for any children, families and those professionals working with young people who may face such issues.

19. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING COMPLAINTS AGAINST ENFORCEMENT OFFICERS:

Question

Will the Minister advise members:

1. How many  complaints  have  been  made  to his  department  relating  to the  activities  and behaviour of his Enforcement Officers during the last five years, broken down by years?
2. How many times the Minister has had to apologise to complainants over the last five years, broken down by year?
3. How many times said officers have had to apologise to complainants over the last five years, broken down by year?

Will the Minister outline the process leading to the instigation of enforcement proceedings setting out the extent of any delegated powers?

Will the Minister set out the powers of Enforcement Officers? Answer

The department receives both informal and formal comments and complaints in relation to its activities and many of these are progressed within normal department operations and help inform service improvements. All formal complaints are recorded and investigated.

1. The department has received the following formal complaints in relation to enforcement officer behaviour:

2. The Minister has apologised in relation to enforcement activities over the last five years as follows:

3. This information is being collated and I will provide this summary to the Assembly as soon as possible.

The Enforcement Team  at  the  Planning  and  Building  Division  of  the  Department  of  the Environment investigates allegations of breaches of the planning law and the building bye-laws.

Common complaints received by the team include:

• claims that development has been carried out without permission, or in a way that is contrary to approved plans
• allegations that the use of a property has changed without authorisation
• suggestions that motor caravans are being used for habitation without permission
• claims that illegal dumping of refuse has taken place

The enforcement team investigate the circumstances of the complaint and make recommendations so that the matter is appropriately dealt with. They will collate information, visit the site and contact individuals who may be involved.

If it is found that work has taken place without the necessary permission, they have the power to serve a notice requiring the land or buildings to be restored to the condition that existed before any illegal work  took  place.  Failing to comply with the  notice is  an offence.  However,  wherever possible,  matters  will  be  resolved  by  agreement,  or  simply  by  inviting  and  processing  a retrospective application.

The authority to serve a notice requiring works is delegated to officers of the Department. There is a published guidance note on the States website:

http://www.gov.je/PlanningBuilding/LawsRegs/SPG/PracticeNotes/Pages/Enforcementprocedures. aspx

Article 122 of the planning law gives powers of entry to land or buildings officers to gather or record information in respect of that land or building.

The Minister for Planning and Environment's Scheme of Delegation allows Enforcement Officers to authorise the importation of caravans into the island.

The Delegation of Statutory Powers  document dated  January 2014 (ref: MD-PE-2014-004) is available to States members.

It would appear that Deputy Higgins has a number of queries regarding the enforcement activities of the Department. I will be inviting the Deputy to meet with me and some of my department senior officers to discuss enforcement activities further. I hope that we can clarify matters and answer any questions Deputy Higgins has more easily in a face to face meeting.

3.20DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HEALTH AND

SOCIAL SERVICES REGARDING MEETINGS WITH VULBNERABLE MEMBERS OF SOCIETY:

Question

1. DotheChildren'sServiceortheChildrenand Adult andMentalHealthServicerefusetohave meetings with vulnerable members of society and if so, on what basis is such a refusal made?
2. Does the Minister allow the employees within the Children's Service or the Children and Adult and Mental Health Service to operate with impunity for their actions?

Answer

Firstly, on a point of accuracy, CAMHS is the Children and Adolescent Mental Health Service which focuses on working with, and supporting, children and young people under the age of 18. The role of the Health and Social Services CAMHS team is to provide specialist CAMHS treatment and support as part of the overall comprehensive CAMHS strategic framework which involves many agencies including schools, the youth service, GPs etc.

a) No. The CAMHS team would, and do, wherever it is appropriate, meet with vulnerable members of society. Refusal to do so would only ever be where the circumstances of the individual case deem it inappropriate.

Providing mental health services for children and young people is a complex area, often involving children and families in very difficult and sensitive situations. The Children's Service will always seek to work in co-operation with them, as well as with all other agencies involved in the safety and wellbeing of children and young people as part of the Comprehensive CAMHS strategic framework.

Inevitably, problems can occur at times and, on such occasions, the Children's Service strives to remain flexible and creative in trying to ensure that good levels of communication are maintained.

In answer to Part b) No.

All staff employed by Health and Social Services are subject to professional standards laid down by their professional body and/or the terms and conditions of employment for the States of Jersey, and appropriate procedures are in place to deal with any staffing issue, should any concern be raised.

21. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING DEFAMATORY MATERIAL PLACED ON RECORDS:

Question

1. What checks and balances, if any, does the Department have to prevent defamatory material being placed in its records to the detriment of members of the public?

2. Is it acceptable for officers to record defamatory material in Planning records and then to cover up their actions?
3. What course of action, if any, is availableto aggrieved applicants or members ofthepublic against persons who by recording false statements are themselves committing defamation?
4. Would such actions be defended by the Department?

Answer

1. In carrying out its duties, the department receives information from various sources and records these in good faith. The department is generally unable to determine if this information is defamatory.

It would be impractical for the Department to review all information recorded by officers in its many electronic and paper based records systems and relies on officers to record information which is relevant and appropriate to department activities.

The department has agreed a Customer Charter which sets out how department staff will behave when carrying out their work. This includes behaving in a professional manner and respecting the rights of others.

Full details of the Customer Charter can be found on the States of Jersey website:

http://www.gov.je/Government/Departments/PlanningEnvironment/Pages/ServiceComplaint. aspx

2. Officers will record information received which is relevant and appropriate to department activities without knowing if this information is defamatory. In receiving information, the department has an obligation under the Data Protection (Jersey) Law 2005 to protect individuals, including the source of any information received.
3. Complaints or comments about Department of the Environment activities can be made to the department by phone, submitted via the gov.je website or in writing. Formal complaints made in writing will be investigated by a relevant Manager or Director and a response provided within 20 working days. If the complainant is not satisfied with the result of any investigation they can request that the complaint is reviewed by the Chief Executive Officer. If the complainant is still not satisfied they can contact the States of Jersey Complaints Board. In some instances the complainant may be able to refer the complaint to another independent body (eg: Data Protection Commissioner).

Full details of the Department Customer Feedback Policy are available on the States of Jersey website:

http://www.gov.je/Government/Departments/PlanningEnvironment/Pages/ServiceComplaint. aspx

4. Any matter that relates to an employee of the State's Employment Board, following a formal complaint and investigation, would be dealt with by the departmental Chief Officer or his nominee in accordance with State of Jersey disciplinary procedure.

22. DEPUTY J.M. MAÇON OF ST. SAVIOUR OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE FIBRE OPTIC BRAODBAND SERVICE: Question

Is the Minister, as the shareholder representative, able to confirm that all JT customers, once connected to the new fibre optic system, are experiencing a better quality and faster broadband service and has this been supported by the responses received to the current customer survey?

Answer

The Minister is advised by JT that of the almost 7,000 JT customers that have been connected to the new fibre optic system, 63% have reported better quality broadband speeds.

The Minister is further advised that a further 32% have reported the same broadband speeds as before they were connected, meaning that 95% of those switched over have reported the same or better broadband experience.

For the remaining 5%, JT have advised that they have established that the speed delivered to the handover point is at least that which was previously delivered over the copper network and that the distribution of the signal within the property remains the responsibility of the subscriber, whether it relies on in-house wiring and/or Wi-Fi equipment.

4. Oral Questions

1. Deputy G.C.L. Baudains of St. Clement of the Minister for Health and Social Services regarding the reliance on the Medicines and Healthcare Products Regulatory Agency for information on drugs:

Further to the answer she gave to my written question on 21st February 2014 regarding her reliance on the Medicine and Healthcare Products Regulatory Agency for information on drugs will the Minister advise whether she is certain the information she is giving Jersey residents is as accurate as possible?

The Deputy of Trinity (The Minister for Health and Social Services):

As I have consistently and repeatedly said in my responses to the Deputy 's recent questions on the issue the answer is yes. Numerous questions from the Deputy on the validity and safety of vaccines and medicines in recent times - at least 4 of them - have specifically referred to the issue of medical research and the M.H.R.A. (Medicine and Healthcare Products Regulatory Authority). There was an oral question on 5th November; a written question on 19th November; a written question on 2nd December; and a written qustion on 21st January. So, in summary, yes, I am certain that the information my department is giving Jersey residents is as accurate as possible.

1. Deputy G.C.L. Baudains:

As the Minister will be aware the U.K. (United Kingdom) Public Accounts Committee has recently concluded that drug companies are not truthful about drug trials and that the regulatory authorities are just taking the drug company's word for it. They have been accused of that. Can the Minister explain how, if she was relying on information from regulatory authorities that do not have and have not made accurate judgments about drugs, she can possibly inform residents of Jersey as to the efficiency of safety of drugs?

The Deputy of Trinity :

Health and Social Services is not a primary research body and, as such, when making decisions about vaccines, et ceteraI, it looks closely at professional primary research bodies including the U.K. Joint Committee Vaccination and Immunisation, the U.K. Department of Health, the European Medicines Agency and to the highly reputable independent U.K. regulator, the Medicines and Healthcare Products Regulatory Agency. As any agency do they look at all the information coming in, whether that is from a select committee or other trials, et ceteraI.

2. Deputy G.C.L. Baudains:

The M.H.R.A., the regulatory body regarding the Tamiflu, only looked at a handful of trials, all of which were funded by the manufacturer. We now know, as a result, that the drug is virtually useless and if I recall correctly we spent, I think, over £1 million stockpiling it. Will the Minister now, in the light of those failures by regulatory authorities, such as the M.H.R.A., agree first of all that the public has a right to know whether medicines are effective and safe and to take further steps to ensure that the information given by the medical authorities is as accurate as possible and not merely repeating the propaganda of the drug companies?

The Deputy of Trinity :

I refute some of what Deputy Baudains has just said. It is an independent medical research authority and further to his inquiry about it, back in November, the M.H.R.A. themselves wrote to the J.E.P. (Jersey Evening Post) to put some facts across that were obviously wrong, which the Deputy had. I have full faith in the M.H.R.A. They are there to provide research from all the clinical trials and assessments by professional expert people.

[9:45]

2. Deputy G.P. Southern of St. Helier of the Minister for Social Security regarding his objective of achieving £3 million savings in 2014:

Will the Minister explain to Members how the figures given in his statement of 21st January 2014 support his objective of achieving an additional £3 million cut in government-funded benefits in 2014?

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

The savings are clearly set out in the Ministerial statement I made on 21st January. Within the Income Support Budget funding was provided in the Medium-Term Financial Plan for increases in benefit rates. For 2013 and 2014 I have decided not to increase all income support components and by doing so savings are made. Furthermore, I have also utilised previous additional savings made by the department and invested these to improve the earnings disregard from 20 per cent to 23 per cent. The combination of these actions means that both the £3 million annual savings will be made by the end of 2014 and that the financial incentive to find and stay in work has been significantly improved.

1. Deputy G.P. Southern :

I think I spot the redefinition. So these £3 million of savings were not additional savings for 2014 but merely a target over the period which may have started 2011, 2012, 2013 and 2014. Is that the case?

Senator F. du H. Le Gresley:

They were to be delivered by the end of 2014 and as I have already explained they will be. Deputy G.P. Southern :

But they are not additional savings in 2014 which I thought they were? Is the Minister saying that? Senator F. du H. Le Gresley:

The savings of £3 million, which were set out in the Medium-Term Financial Plan, had to be delivered by the end of 2014. Some of the savings, as the Deputy is aware, were achieved last year, totalling £2.2 million, as a result of freezing components apart from the housing component.

Deputy G.P. Southern :

Can the Minister confirm then .. The Bailiff :

One moment. Let us see if anyone else wants to ask a question. Very well then, final question, Deputy .

2. Deputy G.P. Southern :

Can the Minister confirm that what I thought to be additional savings in 2014 of £3 million; that was never the aim? Because what he is saying is he delivered £3 million of savings in total over the term of the Medium-Term Financial Plan or by 2014 and not in 2014 and that was always a target because the numbers that he has given are not £3 million in 2014.

Senator F. du H. Le Gresley:

I think we are splitting hairs here. The point of the Medium-Term Financial Plan was that by the end of 2014 the Social Security Department had to deliver £3 million of savings. Savings are being achieved by freezing components and therefore by the end of 2014 we will have achieved £3 million of savings.

Deputy G.P. Southern :

For the avoidance, if I may for clarification sake .. The Bailiff :

Final final.

3. Deputy G.P. Southern :

For avoidance of all doubt it was never the target to have £3 million worth of additional savings in 2014, it was always the target to have an accumulative total by 2014 of £3 million. Is that the case? Yes or no.

Senator F. du H. Le Gresley:

It is not a yes or no answer. There are various ways that we could have achieved savings. We could have achieved savings by reducing the current components. I was against doing that because, if the Deputy recalls when I made a statement to the Assembly, I did say that at all costs we would not make reductions in people's benefit. All we have done is frozen the benefits in 2013 and a further freezing in 2014 which by the end of this year we will have achieved £3 million of savings which is what the Medium-Term Financial Plan required the department to do.

3. Deputy M. Tadier of St. Brelade of the Solicitor General regarding the determination of uninhabitable' under Article 9(a) of the Residential Tenancy (Jersey) Law 2011:

Will Her Majesty's Solicitor General in this case explain what constitutes uninhabitable under Article 9(a) of the Residential Tenancy (Jersey) Law 2001 and who determines this?

Mr. H. Sharp Q.C., H.M. Solicitor General:

Article 9 of the Residential Tenancy (Jersey) Law 2011 provides a tenant with a statutory right to cease payment of their rent and/or to obtain a court order varying or even terminating the tenancy agreement in the event that the premises have become uninhabitable. I am asked 2 questions in respect of this particular provision. The first question is; what does uninhabitable mean? For my part I would give the word its ordinary meaning. It means that the property is unsuitable for living in. To take an extreme example a property that is severely damaged by fire will be uninhabitable. The second question is; who decides whether a property is in fact uninhabitable? The answer is that if the landlord and the tenant cannot agree then the Petty Debts Court has the jurisdiction to resolve any such dispute.

1. Deputy M. Tadier :

In the event that a landlord and a tenant cannot agree on the definition of uninhabitable and there is a decline in goodwill would the Solicitor General outline the process starting at which point the tenant may reasonably withhold their rent and whether or not, in the absence of an escrow service, what should happen to that money in the interim?

The Solicitor General:

If a tenant reaches the view that their property is uninhabitable then Article 9(a) of the law provides them with a right to stop paying rent and they do not need to go to court to do that.

2. Deputy M.R. Higgins of St. Helier :

Would the Solicitor General try and give us some guidance in the case of where homes are unfit because of mould or damp or water and people have got medical conditions, such as chest conditions and so on, would those sorts of conditions be classed as uninhabitable for those people so far as the law is concerned?

The Solicitor General:

I am being asked to comment on a case which, I believe, has recently been in the media .. Deputy M.R. Higgins:

With respect it is not. It is a general point.

The Solicitor General:

.. and I decline to comment on a particular case. What I will say in general terms is it is a matter of fact and degree and each case will turn on its own facts and I cannot really improve on that.

3. Deputy M.R. Higgins:

Could the Solicitor General tell us who would determine the facts in that particular case? The Bailiff :

I think he has already said that, the Petty Debts Court. Do you wish a final question? Deputy M. Tadier :

I do not have any further questions. That is very clear. Thanks.

4. Deputy J.H. Young of St. Brelade of the Minister for Planning and Environment regarding the progression of the Island Plan policy commitment in relation to the future development of the Port of St. Helier :

Will the Minister inform the Assembly whether he has progressed the Island Plan policy commitment requiring a feasibility study for the future development for the Port of St. Helier and produce a land use master plan for this regeneration zone? If not, why not? In its absence how will he avoid piecemeal development with its potential for adverse impact on the future development of St. Helier Waterfront?

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

The Island Plan refers to a feasibility study, East Development and Elizabeth Project, which was carried out at the time by the Chief Executive Officer of the States. There is, in fact, no commitment within the 2011 Island Plan to produce a feasibility study of the port. However, the study produced by the Chief Executive Officer of the States will inform the work I will do in the regeneration plans, Island Plan Proposals 12. Work on the regeneration zones is presently underway and the study has been widened to include the areas of South Hill, Fort Regent and the Weighbridge areas, all of which present unique land use challenges and how the areas could and should be integrated. In the interim, however, the 2011 Island Plan has adequate policies, TT15 - "Operational development of the Port of St. Helier ", to ensure that operational developments for the port can be permitted and to resist non-operational development. I recognise the Deputy 's concern that piecemeal development could compromise the future development of the St. Helier Waterfront and port but believe that prior to the adoption of a regeneration plan for the port the Island Plan policies are adequate to enable me to resist inappropriate non-operational development.

1. Deputy J.H. Young:

I think the Minister has confirmed that this commitment is important to ensure that the future port facilities are in accordance with our long-term needs. He has told us that he is able to deal with developments in the existing port for now but will he tell us when he thinks this masterplan can be put together to ensure that we provide for the long-term of our port which is clearly a commitment in the Island Plan?

Deputy R.C. Duhamel:

Obviously I will be advised, and the department will be advised, by the Economic Development Department and others who have a specific responsibility for the port area. However, I must emphasise on page 315 of the Island Plan, under 8.159, that it reads: "Significantly, revenues from the current port operation cannot support a major capital improvement. A new port is, therefore, only achievable if it can be funded by the realised value of development in the Elizabeth Harbour area as part of the next phase of the redevelopment of the St. Helier Waterfront. Such significant change is not envisaged during the plan period but will be kept under review." For those persons who have seen the feasibility documents will note that the estimates of the redevelopment work were of the order of £1,200 million. Obviously with the other financial commitments that the Island is facing at the moment for strategic projects - that is hospital, liquid waste and housing - this does represent huge sums of money which, perhaps, eclipse the total of all monies that are going to be spent on those other projects. So, in short, the regeneration plan has been identified as being required at some point in time but not necessarily within the plan period which is the next 8 years.

2. Connétable A.S. Crowcroft of St. Helier :

I am going to change my question because I was hoping that the Minister would tell us when this masterplan or regeneration plan will be brought forward and if his last comment is, it is going to take him 8 years; that is not good enough. Could he tell us when Members of the States and members of the Parish will see draft proposals for this area so that they can have some feedback into them?

Deputy R.C. Duhamel:

As I said the work is being undertaken at the moment in short order and the timetable is to present something to the States for the autumn quarter of this year.

3. Senator S.C. Ferguson:

Could the Minister repeat the estimated cost of this? Was I hearing correctly £1.2 billion? Deputy R.C. Duhamel:

Absolutely, and for those that do not like billions, because there is a difference between American billions and English billions, it is £1,200 million.

4. The Connétable of St. Helier :

Back to my original question. The Minister, I hope, will be familiar with the Island Plan amendment that agreed to carry out a feasibility study into allowing access to La Collette reclamation site in spite of the previous concerns about Buncefield. Could he advise what progress has been made either by his department or his colleagues at T.T.S. (Transport and Technical Services) in doing this feasibility study?

Deputy R.C. Duhamel:

I will give the Constable and the other Members of this Assembly a written answer to that effect.

5. Connétable P.J. Rondel of St. John :

Within the Island Plan and within the Waterfront area encompassing the Esplanade Quarter in P.111 of 2008 this House agreed at 40 to one that the Esplanade Quarter element of it would come back to this House at some future time for the Assembly to assess whether or not to move forward. Is that still in the Minister's mind when he is working on these plans?