States Meeting Transcript - 24th February 2015

STATES OF JERSEY

OFFICIAL REPORT

TUESDAY, 24th FEBRUARY 2015

COMMUNICATIONS BY THE PRESIDING OFFICER......................................8 The Bailiff :....................................................................................8

1. Tribute to the late Mr. John Philip Farley, M.B.E., former member of the

States ....................................................................................8

2. H.R.H. The Duchess of Wessex – Royal Visit on9thMay2015.........................8
3. Jersey College for Girls – welcome......................................................8

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

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

1. THE DEPUTY OF GROUVILLE OF THE MINISTER FOR TREASURY

AND RESOURCES REGARDING THE COST OF REPORTS

RELATING TO PROPERTY TAX:.....................................................9

2. THE DEPUTY OF ST. SAVIOUR OF THE MINISTER FOR HOME

AFFAIRS REGARDING STATISTICS RELATING TO VIOLENT

CRIMES AGAINST WOMEN: ........................................................10

3. THE DEPUTY OF ST. SAVIOUR OF THE MINISTER FOR HEALTH

AND SOCIAL SERVICES REGARDING PERMANENT AND AGENCY NURSES:..............................................................................16

4. THE DEPUTY OF ST. HELIER OF THE MINISTER FOR PLANNING

AND ENVIRONMENT REGARDING ENFORCEMENT ACTION:..................18

5. THE DEPUTY OF ST. HELIER OF THE MINISTER FOR PLANNING

AND ENVIRONMENT REGARDING THE DEVELOPMENT OF THE ESPLANADE QUARTER:............................................................19

7. THE DEPUTY OF ST. HELIER OF THE CHIEF MINISTER

REGARDING THE FUNDING OF THE COMMITTEE OF INQUIRY

INTO HISTORIC CHILD ABUSE: ....................................................20

8. THE DEPUTY OF ST. HELIER OF THE CHIEF MINISTER

REGARDING A PUBLIC REGISTER OF BENEFICIAL OWNERSHIP: ............21

9. THE DEPUTY OF ST. HELIER OF THE CHIEF MINISTER

REGARDING ANTI-MONEY LAUNDERING REGULATIONS: ....................22

10. THE DEPUTY OF ST. HELIER OF THE CHIEF MINISTER

REGARDING LINKS BETWEEN HSBC SWITZERLAND AND JERSEY:...............................................................................23

11. DEPUTY OF ST. HELIER OF THE CHIEF MINISTER REGARDING

THE EUROPEAN UNION SAVINGS TAX DIRECTIVE: ............................24

12. THE DEPUTY OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING VISIT JERSEY:....................................24

13. THE DEPUTY OF ST. HELIER OF THE MINISTER FOR HOUSING

REGARDING TENANTS' RIGHTS OF APPEAL:....................................25

14. THE DEPUTY OF ST. BRELADE OF THE CHIEF MINISTER

REGARDING TAX AVOIDANCE MEASURES:.....................................26

15. THE DEPUTY OF ST. BRELADE OF THE MINISTER FOR HOUSING REGARDING THE PERCENTAGE OF HOUSEHOLD INCOME SPENT

ON RENT:.............................................................................27

16. THE DEPUTY OF ST. BRELADE OF THE MINISTER FOR PLANNING

AND ENVIRONMENT REGARDING CO2 EMISSIONS:............................28

17. THE DEPUTY OF ST. BRELADE OF THE MINISTER FOR

PLANNING AND ENVIRONMENT REGARDING THE USE OF

DILAPIDATED AND EMPTY BUILDINGS:.........................................29

18. THE DEPUTY OF ST. BRELADE OF THE MINISTER FOR SOCIAL

SECURITY REGARDING REDUCTIONS IN INCOME SUPPORT

RENTAL COMPONENTS DUE TO UNDER OCCUPATION: .......................30

19. THE DEPUTY OF ST. HELIER OF THE MINISTER FOR HOME

AFFAIRS REGARDING INVESTIGATIONS AT HAUT DE LA

GARENNE IN 2008: ..................................................................32

20. THE DEPUTY OF ST. HELIER OF THE MINISTER FOR SOCIAL

SECURITY REGARDING THE HEALTH INSURANCE FUND:....................33

21. THE DEPUTY OF ST. HELIER OF THE MINISTER FOR SOCIAL

SECURITY REGARDING THE USE OF LOANS FOR SPECIAL

PAYMENTS TO INCOME SUPPORT CLAIMANTS:................................34

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

1. Deputy C.F. Labey of Grouville of the Minister for Home Affairs regarding

addressing cyber-crimes:...............................................................35 Deputy K.L. Moore of St. Peter (The Minister for Home Affairs):............................35

1. The Deputy of Grouville : ..............................................................36
2. The Deputy of Grouville : ..............................................................36
3. Deputy A.D. Lewis of St. Helier : ......................................................36
4. Deputy J.A. Martin of St. Helier:.......................................................36
5. Deputy J.A. Martin:....................................................................37
6. Deputy M.R. Higgins of St. Helier : ....................................................37
7. The Deputy of Grouville : ..............................................................37

2. Deputy M.R. Higgins of the Minister for Treasury and Resources regarding

the Minister's main challenges and priorities in relation to the Fiscal Policy

Panel's pre-Medium Term Financial Plan Report:......................................37 Senator A.J.H. Maclean (The Minister for Treasury and Resources):.........................38

1. Deputy M.R.Higgins:..................................................................38
2. Connétable J.M. Refault of St. Peter:...................................................38
3. Deputy G.P. Southern of St. Helier:....................................................38
4. Deputy G.P. Southern :..................................................................39
5. Deputy M.R.Higgins:..................................................................39

3. Deputy G.P. Southern of the Minister for Social Security regarding appeals

against sanctions imposed for failure to actively seek work:............................40 Deputy S.J. Pinel of St. Clement (The Minister for Social Security): .........................40

1. Deputy G.P. Southern :..................................................................40
2. Deputy G.P. Southern :..................................................................41

3. Deputy G.P. Southern :..................................................................41
4. Deputy G.P. Southern :..................................................................41
5. Deputy J.A. Martin:....................................................................41
6. Deputy G.P. Southern :..................................................................41

4. Deputy J.A. Hilton of St. Helier of the Minister for Treasury and Resources

regarding discussions relating to a pre-let agreement for the Esplanade car

park site: ...............................................................................42 Senator A.J.H. Maclean (The Minister for Treasury and Resources):.........................42

1. Deputy J.A. Hilton.....................................................................42
2. Deputy M.R.Higgins:..................................................................43
3. Deputy M.R.Higgins:..................................................................43
4. Deputy J.A. Martin:....................................................................44
5. Deputy J.A. Hilton:....................................................................44

5. Deputy G.J. Truscott of the Chief Minister regarding a response to the U.K.

Leader of the Opposition's suggestion Jersey could be blacklisted by the

O.E. C.D :...............................................................................45 Senator P.F.C. Ozouf (Assistant Chief Minister - rapporteur):................................45

6. Deputy P.D. McLinton of St. Saviour of the Minister for Transport and

Technical Services regarding the interpretation by officers, of the Planning

and Building (Display of Advertisements) (Jersey) Order 2008, Article 8:..............45 Deputy E.J. Noel of St. Lawrence (The Minister for Transport and Technical

Services):..............................................................................45

7. Deputy S.Y. Mézec of St. Helier of the Minister for Social Security

regarding raising the cap on Social Security contributions for high-earners

to meet the cost of G.P. subsidies: ......................................................46 Deputy S.J. Pinel (The Minister for Social Security):.........................................46

1. Deputy S.Y. Mézec :....................................................................47
2. Deputy A.D. Lewis : ....................................................................47
3. Deputy G.P. Southern :..................................................................47
4. Deputy G.P. Southern :..................................................................47
5. Deputy S.Y. Mézec :....................................................................47

8. The Connétable of St. Mary of the Chief Minister regarding actions taken

to ensure that the U.K. Opposition was fully aware of Jersey's position on

the transparency agenda: ...............................................................48 Senator P.F.C. Ozouf (Assistant Chief Minister - rapporteur):................................48

1. The Connétable of St. Mary : ...........................................................48
2. The Connétable of St. Helier:..........................................................49
3. Deputy G.P. Southern :..................................................................49

4. Deputy G.P. Southern :..................................................................50
5. Connétable C.H. Taylor of St. John:....................................................50
6. Deputy S.Y. Mézec :....................................................................50
7. The Connétable of St. Mary : ...........................................................51

9. Deputy M.R. Higgins of the Minister for Home Affairs regarding 2 recent

incidents involving armed police in the Island:.........................................51 The Deputy of St. Peter (The Minister for Home Affairs):....................................52

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

10. Deputy J.A. Hilton of the Minister for Social Security regarding a legally

binding repayment plan for the couple recently sentenced for defrauding

the Department of £50,000:............................................................52 Deputy S. Pinel (The Minister for Social Security):..........................................53

1. Deputy J.A. Hilton:..................................................................53
2. Deputy J.A. Hilton:..................................................................53
3. Deputy G.P. Southern :..............................................................53
4. Deputy G.P. Southern :..............................................................53
5. Deputy J.A. Martin:.................................................................54
6. Deputy J.A. Hilton:..................................................................54

11. Deputy S.Y. Mézec of the Minister for Treasury and Resources regarding

losses incurred by the company CH2M Hill on the Gigabit project:....................54 Senator A.J.H. Maclean (The Minister for Treasury and Resources):.........................54

1. Deputy S.Y. Mézec :.................................................................54
2. Deputy G.P. Southern :..............................................................55
3. Deputy G.P. Southern :..............................................................55
4. Deputy S.Y. Mézec :.................................................................56

12. Deputy G.P. Southern of the Minister for Transport and Technical Services

regarding the users of the bus service and changes to bus fares over 2014

and 2015: ..............................................................................57 Deputy E.J. Noel (The Minister for Transport and Technical Services):......................57

1. Deputy G.P. Southern :..............................................................57
2. The Connétable of St. Helier:........................................................57
3. Deputy G.P. Southern :..............................................................58

4. Urgent Oral Question...................................................................59

4.1 Deputy S.Y. Mézec of the Minister for Social Security regarding the

implementation of policy on Long Term Incapacity Allowance (L.T.I.A.):.............59 Deputy S.J. Pinel (The Minister for Social Security):.........................................59

1. Deputy R. Labey of St. Helier : .........................................................60
2. Deputy R. Labey :......................................................................60
3. Deputy J.A. Martin:....................................................................60
4. Deputy J.A. Martin:....................................................................61
5. Connétable D.W. Mezbourian of St. Lawrence:........................................61
6. Deputy G.P. Southern :..................................................................61
7. Deputy S.Y. Mézec :....................................................................62

5. Questions to Ministers without notice - The Minister for Social Security.............62

1. Deputy P.D. McLinton:................................................................62 Deputy S.J. Pinel (The Minister for Social Security):.........................................63

1. Deputy P.D. McLinton:................................................................63
   2. Deputy M.R.Higgins:..................................................................63

5.2.1 Deputy M.R. Higgins:..................................................................63

3. Deputy T.A. Vallois of St. John:........................................................64

5.3.1 The Deputy of St. John:................................................................64

4. Deputy G.P. Southern :..................................................................64
5. Senator Z.A. Cameron:.................................................................65
6. Deputy G.P. Southern :..................................................................65
7. Connétable P.B. Le Sueur of Trinity :...................................................65

8. Deputy M.J. Norton of St. Brelade : ....................................................65
9. Deputy M.R.Higgins:..................................................................66

5.9.1 Deputy M.R. Higgins:..................................................................66

10. Deputy A.D. Lewis : ....................................................................67

5.10.1 Deputy A.D. Lewis :.................................................................67

6. Questions to Ministers without notice - The Chief Minister...........................67

1. Deputy R. Labey :......................................................................67 Senator I.J. Gorst (The Chief Minister):......................................................67
2. The Connétable of St. Helier:..........................................................68

6.2.1 The Connétable of St. Helier:..........................................................68

3. Deputy A.D. Lewis : ....................................................................68

6.3.1 Deputy A.D. Lewis : ....................................................................69

4. Deputy G.P. Southern :..................................................................69

6.4.1 Deputy G.P. Southern :..................................................................69

5. Deputy M.R.Higgins:..................................................................69
6. Deputy G.P. Southern :..................................................................69
7. Deputy A.D. Lewis : ....................................................................70
8. Deputy J.A. Hilton:....................................................................70
9. The Deputy of St. John:................................................................71 Senator I.J. Gorst :............................................................................71 The Connétable of St. Helier : ................................................................72 Deputy M.R. Higgins: ........................................................................72

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

7. Draft Criminal Justice (Insane Persons) (Amendment) (Jersey) Law 201- (P.160/2014)..............................................................................72

1. Senator I.J. Gorst (The Chief Minister):................................................72
2. Senator I.J. Gorst :......................................................................73

8. Draft Amendment (No. 27) of the Standing Orders of the States of Jersey (P.1/2015)................................................................................74

8.1 The Deputy of St Martin (The Minister for Planning and Environment): ...............74

1. The Connétable of St. John : ............................................................76
2. Senator I.J. Gorst :......................................................................76
3. The Deputy of St. Martin : ..............................................................76

9. Draft Planning and Building (Amendment of Law) (Jersey) Regulations

201- (P.2/2015)...........................................................................76

The Deputy Greffier of the States............................................................76

1. The Deputy of St. Martin (The Minister for Planning and Environment): ..............76
2. The Deputy of St. Martin : ..............................................................77

10. Planning Appeals: fees (P.3/2015)......................................................79

10.1 The Deputy of St. Martin (The Minister for Planning and Environment): ..............79

11. Draft Planning and Building (Amendment No. 6) (Jersey) Law 2014

(Appointed Day) Act 201- (P.7/15)......................................................79

11.1 The Deputy of St. Martin (The Minister for Planning and Environment): ..............80

12. Law Revision Board: appointment of member (P.8/2015).............................80

12.1 Senator I.J. Gorst (The Chief Minister):................................................80

13. Draft Employment (Amendment No. 8) (Jersey) Law 2014 (Appointed

Day) Act 201- (P.9/2015)................................................................81

13.1 Deputy S.J. Pinel (The Minister for Social Security): ..................................81

14. Council of Ministers Proposed Strategic Priorities 2015 - 2018 (R.8/2015)............82

1. Senator I.J. Gorst :......................................................................82
2. Senator A.K.F. Green (The Minister for Health and Social Services):..................84

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

1. Senator P.F. Routier:................................................................85
2. Deputy S.M. Wickenden of St. Helier:..............................................85
3. The Connétable of St. Peter : ........................................................85
4. Deputy P.D. McLinton:..............................................................86
5. Deputy M.R. Higgins:...............................................................86
6. Deputy J.A. Hilton:..................................................................87
7. Deputy J.A. Martin:.................................................................87
8. Senator Z.A. Cameron:..............................................................88
9. Senator P.F. Routier:................................................................88
10. Connétable S.W. Pallett of St. Brelade:...........................................88
11. Deputy G.P. Southern :............................................................89
12. Senator A.J.H. Maclean:..........................................................91
13. Deputy R.J. Renouf of St. Ouen:..................................................93
14. Deputy R. Labey :.................................................................93
15. Senator A.K.F. Green: ............................................................94

3. Deputy R.G. Bryans of St. Helier (The Minister for Education, Sport and Culture):................................................................................95

1. Deputy J.M. Maçon of St. Saviour:..................................................96
2. Deputy G.P. Southern :..............................................................99
3. Deputy S.M. Bree of St. Clement:..................................................100
4. Deputy R.G.Bryans:...............................................................100
5. Deputy J.A. Hilton:................................................................102

4. Senator P.F.C. Ozouf (Assistant Chief Minister): .....................................102

1. The Deputy of Grouville :..........................................................105
2. The Connétable of St. John:........................................................106
3. Deputy S.M. Bree:.................................................................107
4. The Deputy of St. Martin:..........................................................108
5. Senator A.J.H. Maclean:...........................................................108
6. The Deputy of Grouville :..........................................................110
7. Deputy R. Labey :..................................................................111
8. Deputy M.R.Higgins:..............................................................111
9. The Connétable of St. John:........................................................113
10. Senator P.F.C. Ozouf :...........................................................113

5. The Deputy of St. Martin (The Minister for Planning and Environment): .............116

1. The Connétable of St. Helier:......................................................118
2. The Connétable of St. Peter : .......................................................120

3. Connétable M.P.S. Le Troquer of St. Martin:......................................121
4. Deputy J.A. Martin:................................................................122
5. Deputy A.E. Pryke of Trinity :......................................................123
6. Deputy E.J. Noel:..................................................................123
7. Deputy R. Labey :..................................................................124
8. Deputy J.M. Maçon: ...............................................................124
9. Connétable S.A. Le Sueur -Rennard of St. Saviour:................................125
10. The Deputy of St. Martin:.......................................................125

6. Senator I.J. Gorst :.....................................................................126

ARRANGEMENT OF PUBLIC BUSINESS FOR FUTURE MEETINGS..................127 The Bailiff :..................................................................................127

15. Connétable L. Norman of St. Clement (Chairman, Privileges and

Procedures Committee):..............................................................127

1. Senator I.J. Gorst :.....................................................................128
2. Senator I.J. Gorst :.....................................................................129

1. Deputy M.R.Higgins:..............................................................130
2. Deputy J.M. Maçon: ...............................................................130
3. Connétable J.E. Le Maistre of Grouville :..........................................130
4. Senator I.J. Gorst :..................................................................130

ADJOURNMENT ..............................................................................130

[9:30]

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

The Bailiff :

1. Tribute to the late Mr. John Philip Farley, M.B.E., former member of the States

Members will no doubt be aware that John Philip Farley M.B.E. died on 16th February at the age of 87. He was born in St. Helier in 1928 and educated at the States Intermediate School. He was elected to the States in 1981 as Deputy of St. Helier No. 3 and he served in that capacity for 2 terms, retiring in December 1987. During that time he served on the Public Works, Tourism, Jersey Overseas Aid, Broadcasting and Fort Regent Development Committees. Those who heard the tributes paid to him on BBC Radio Jersey just over a week ago will have recognised that he had a great enthusiasm and passion for the Island, coupled with a great interest in people and a wonderful sense of humour, all of which were apparent in his committee work. Many Members will remember Mr. Farley from the Red Triangle Stores in the central market. He was made an M.B.E. in December 2014 for his services to the community. He had been involved in a number of charities, including the Battle of Flowers, the Lions Club of Jersey, Jersey Cancer Relief, and he had been president of the Jersey Green Room Club. It is very unfortunate that his wife, to whom he was devoted, had died in October 2014, shortly before he became aware of his receipt of the honour. Members will want to have in mind Mr. Farley's family, including in particular his 2 children, and I ask Members to stand as the usual mark of respect in his memory. [Silence observed] May he rest in peace.

2. H.R.H. The Duchess of Wessex – Royal Visit on 9th May 2015 The Bailiff :

I am pleased to announce to Members that Her Royal Highness, the Countess of Wessex will be visiting Jersey and Guernsey on Saturday, 9th May to join in the arrangements to celebrate the 70th anniversary of liberation. During her visit, the Countess of Wessex will be attending the formal events at People's Park where it is hoped that many Islanders from across the community will be present to take part in the celebrations with her. The full details of the arrangements for the day are in the course of being worked up by the group of officers guided by the Bailiff 's consultative panel and more details of those will be published later.

3. Jersey College for Girls – welcome The Bailiff :

I am sure the more hawk-eyed of Members will have noted that there are a number of people in the public gallery this morning. I am sure you would like to welcome year 8 from the Jersey Ladies College. [Approbation] Girls, you are all voters of the future. Make sure you use your votes.

QUESTIONS

2. Written Questions

1. THE DEPUTY OF GROUVILLE OF THE MINISTER FOR TREASURY AND  RESOURCES  REGARDING  THE  COST  OF  REPORTS RELATING TO PROPERTY TAX:

Question

How much have all the reports pertaining to the proposed Property Tax produced to date actually cost, namely PwC, the consultation report and the questionnaire?

How much will it cost to implement and why is it considered necessary to change the system?

Would it be more efficient to revise the existing system?

Could PwC undertake to make clear the response to the consultation and if they consider it to be a good response and, if not, why not?

Have the land taxes imposed in Ireland, Denmark and New Zealand been considered by the Minister and compared to what is being proposed and the system in Jersey at present?

Answer

The Green Paper on Property Taxation (R.101/2014) was published on 18 July 2014. As the Green Paper makes clear, the purpose of the consultation exercise was to seek the views of the public on six proposed principles, based on the independent advice received, which could be used to shape any future changes to the property tax system. No changes to the property tax system have been proposed and it is therefore not correct to refer to "the proposed Property Tax".

Responses to the specific questions asked have been provided in the order raised.

1. The cost of the Green Paper on Property Taxation (R.101/2014) and the consultation exercise was as follows:

The balance of the work has been performed internally to the States within existing resources.

2. At present, no changes have been proposed to the property tax system and therefore there  is  no cost  of  implementation.   Should  any  firm  proposals  be made,  the associated costs will be identified.

The aims of the property tax review, as set out in the Green Paper, are to ensure that Jersey's property tax system as a whole (parish rates, the Island-wide Rate, stamp duty, Land Transaction Tax and income tax) is modern, coherent and transparent, and that it minimises distortions, acknowledges the contribution made by the public to increases in property value and is appropriate for Jersey.

3. The Minister for Treasury and Resources will consider all options for reform of the property tax system, including reform of the existing system, when the responses to the consultation have been reviewed in full.
4. It is not clear if the Deputy is seeking a comment from the Minister for Treasury and Resources or from PwC. A summary of the responses received to the consultation, as well as the Minister's response, will be published by the summer of 2015.

The Green Paper summarises PwC's much longer report, which was published in full as the annex to the Green Paper. The Green Paper was shared with PwC before it was published.

5. Land taxes in Ireland, Denmark and New Zealand are discussed on pages 26, 22 and 15, respectively, of the PwC report.

2. THE DEPUTY OF ST. SAVIOUR OF THE MINISTER FOR HOME AFFAIRS REGARDING STATISTICS RELATING TO VIOLENT CRIMES AGAINST WOMEN:

Question

Will the Minister advise:

1. what statistics the department holds relating to levels of violence against women and girls in Jersey, including rape and sexual assault, and what is being done to reduce these levels and encourage women to report violent crimes; particularly rape and sexual assault;
2. in lightof the prevalence ofthese types ofcrime,whatthedepartmentisdoing,or planning to do, if anything, to increase their detection and resolution;
3. whether the department can do more to help prevent these crimes, and what other departments could do to contribute towards this;
4. whether the department is aware ofthe new charity Jersey Action Against Rape which was set up to provide support for victims of these crimes; whetherthe department intends to support the work of this charity and, if so, how?

Answer

1. There is no single crime category to cover the broad subject area.

Records of reported crimes committed in relation to this area are maintained which are set out in the table below:-

2. We havedrawnup a Rape Action Plan jointly with the LawOfficers Department for 2015 in an effort to increase detections and prosecutions. It is referenced in the Policing Plan. We also are in dialogue with the Home Affairs Minister to bid for law drafting timeto provide for a Sexual Offences Law which would modernise and update the law in this area. (A more detailed briefing note on action being taken in respect of violence against women and girls is attached).
3. Early discussions have begun across States Departments, including Home Affairs todo more to help prevent these crimes but before a cross- departmental strategy can be drawn up we need to conduct local research to understand the landscape in Jersey and then deliver appropriate intervention and prevention strategies. We cannot rely on police statistics as this type of crime is massively under-reported. Consequently, under the auspices of BaSS, the Department will be sponsoring research into crimes of this nature.
4. We are aware of JAAR. We have worked closely withthe committee members and helped deliver training inputs to their volunteers withregardto the police response to victims ofsexual violence. We are also in the process of setting up a referral system whereby we can refer victims with consent to the counselling servicesof JAAR. We also plan to involve them in the future development of a Sexual Assault Referral Centre (SARC) in Jersey.

VIOLENCE AGAINST WOMEN AND GIRLS (VAWG) BRIEFING NOTE

Violence against women and girls (VAWG) is one of the most widespread abuses of human rights worldwide, affecting one third of all women in their lifetime. It is a global public health problem, the leading cause of death and disability of women of all ages and has many other health consequences. There are many different strategies in place across the world and the below is a snapshot of the approach adopted by the UK Government.

The UK government is determined that violence of all kinds against women and girls should end and in 2010 published a cross-government strategy "A call to end violence against women and girls" and a supporting action plan which has been updated annually since. Violence against women is a despicable crime which has absolutely no place in any society. But for too long, too many women and girls have suffered domestic abuse, rape, sexual assault and crimes such as stalking.

The UK Government has made significant progress as set out below. This is due to:

• Clear strategic objectives focused on prevention, provision of services, partnership working, and justice outcomes and risk reduction;
• Commitment right across Government with activity co-ordinated across Departments overseen by an Inter-Ministerial Group chaired by the Home Secretary;
• Active engagement with local areas and voluntary sector partners to inform policies related to violence against women and girls;
• Ensuring wider Government reforms support the approach to tackling violence against women and girls; and

• A commitment to almost £40 million of ring-fenced funding over the spending review period for specialist violence against women and girls services from the Home Office and Ministry of Justice.

Key activities over the last 12 months include:

• Re-launching the highly successful This is Abuse campaign, and a new focus on reaching young male perpetrators.
• Completion of the domestic violence disclosure scheme (Clare's Law) pilot and the announcement that the scheme will be rolled out nationally from March 2014, allowing the police to disclose information to the public about a partner's previous violent offending and thereby empowering people to make an informed decision about the future of a relationship.
• Evaluation of the Domestic Violence Protection Order pilot, and the announcement that this too will be rolled out nationally from March 2014, preventing perpetrators of violence from returning to their home for up to 28 days, giving the victim time to consider their options.
• A review of the police response to domestic violence by Her Majesty's Inspectorate of Constabulary, which will report by April.
• Encouraging employers to sign a Pledge committing their organisations to having a comprehensive policy to support staff experiencing domestic violence as part of the Public Health Responsibility Deal. The Home Office, Department of Health, Her Majesty's Revenue and Customs, the Ministry of Justice, Crown Prosecution Service, Public Health England and NHS England have all already signed the Pledge and it is our ambition that all civil service departments will be signatories by April 2015.
• Publishing a "lessons learned" document based on the findings of the Home Office Domestic Homicide Reviews, which identified common themes and made recommendations to be considered locally.
• Progressing legislation to criminalise forced marriage in the Anti-Social Behaviour, Crime and Policing Bill, to ensure that this unacceptable practice can be robustly prosecuted.
• Successfully bidding for funding (approximately £250,000) from the European Commission to fund a project raising awareness of Female Genital Mutilation (FGM) in the UK. Project activities will include a promotion campaign for the NSPCC FGM helpline, community engagement, learning packages for safeguarding professionals, awareness raising sessions with Local Safeguarding Children's Boards and hosting an EU wide event to share effective practice.
• Part-funding a new study into the prevalence of FGM in England and Wales. The new research will be the first update since a 2007 study revealed that over 20,000 girls in the UK could be at risk of FGM each year. The results are due to be published in April.
• Maintaining one of the most robust sex offender management regimes in the world which has included introducing new legislation to reform the civil orders available, giving the police and courts broader powers to manage registered sex offenders and those who pose a risk.

• Working with the Director of Public Prosecutions to understand the fall in referrals from the police to the Crown Prosecution Service in rape and domestic violence cases, and agreeing a six point plan to tackle this issue, including the establishment of a national scrutiny panel led by the Director of Public Prosecutions and the National Policing Lead for Rape.
• Funding the development and delivery of a training package on stalking to further assist frontline workers to identify cases of stalking, and support and advise victims appropriately.
• Continuing to work with the Crown Prosecution Service, National Policing Lead, the College of Policing and others to raise awareness of stalking, and encourage further training of police and CPS staff.
• Funding the development and delivery of a series of Commissioning Masterclasses, specifically designed to support voluntary sector organisations providing local domestic violence and sexual violence services to engage effectively with the new commissioning landscape.
• Engaging closely with local commissioners, including issuing a Violence Against Women and Girls fact pack and holding a conference on commissioning for Police and Crime Commissioners, and establishing a cross-Government task and finish group to drive progress around commissioning issues.
• Supporting work by the voluntary sector to develop a standards framework to assist local commissioners to make informed choices about local sexual violence and domestic violence services.
• Setting out a programme of work through the National Group on Sexual Violence against Women and Girls

In Jersey we do not as yet have an equivalent of a Government VAWG agenda, however, we have begun some early discussions within the States of Jersey Police and Home Affairs with regard to developing an Island Strategy. It is, however, important that we first assess the specific landscape of violence in Jersey in order to successfully intervene. For example we must assess the exact types and combinations of violence that are most prevalent in Jersey; which populations are most vulnerable to victimisation and perpetration; which factors drive the overall level of physical and sexual violence in the population. In addition we mustn't lose sight of our achievements to date. These include:

• Re-launching the successful "Ask, listen, respect" website and campaign to help change attitudes towards rape and sexual violence; especially those who think the victim is to blame.
• Working with the LOD to deliver an action plan on rape and serious sexual violence to improve investigations and prosecutions locally.
• Supporting work by the voluntary sector, in particular JAAR, the Jersey Women's Refuge, Victim Support and the Domestic Violence Forum, to provide independent specialist support to victims of these crimes.

• Rollout of the Domestic Violence Disclosure Scheme (Clare's Law) and Sex Offender Disclosure Scheme (Sarah's Law) locally.
• Conducting a local review of the police response to domestic abuse taking into account the findings and recommendations of HMIC in the UK.
• Launching a multi-cultural campaign against domestic abuse where the force once again highlighted the prevalence of domestic abuse within our community and reached out those affected across all our cultural groups.
• Making available an online survey to victims of domestic abuse in order to improve the police response and quality of service.
• Working in partnership to deliver an IDVA service and MARAC which will reduce the risk to women and girls who are victims of these crimes.
• Rolling out a CSE / Sexting awareness campaign specifically targeted at preventing teenagers becoming victims or perpetrators of sexual violence or abuse.
• Delivering in partnership training for frontline professionals to equip them to recognise and deal effectively with victims and perpetrators of CSE.
• Maintaining a robust sex offender management regime.
• Continued provision of ADAPT (Domestic Abuse perpetrator programme ) achieving a 70% success rate.
• Reconstitution of multi-agency DA steering group under auspice of SPB.
• Development of a local SARC.
• Introducing domestic violence protection orders and notices.
• Delivery of key messages through PMNW to schools in order to educate our young people and change attitudes.
• Launching Operation Phoenix to raise local awareness, in particular with hoteliers re sexual exploitation.

The field of violence against women and girls has advanced considerably over the last two decades and there is an expanding body of knowledge and evidence of what works. This positions Jersey well at this time to seek to develop and implement strong primary interventions once it understands its local landscape.

Glossary:

BaSS Building a Safer Society Strategy CPS Crown Prosecution Service

CSE Child Sexual Exploitation

DA Domestic Abuse

FGM Female Genital Mutilation

HMIC Her Majesty's Inspector of Constabulary

IDVA Independent domestic violence adviser

JAAR Jersey Action Against Rape

LOD Law Officers' Department

MARAC Multi Agency Risk Assessment Conference

NSPCC National Society for the Prevention of Cruelty to Children PMNW Prison Me No Way

SARC Sexual Assault Referral Centre

SPB Safeguarding Partnership Board

USI Unlawful sexual intercourse

VAWG Violence against Women and Girls

3. THEDEPUTYOFST.SAVIOUROF THE MINISTER FOR HEALTHANDSOCIAL SERVICES REGARDING PERMANENT AND AGENCY NURSES:

Question

Will the Minister advise:

1. if there is there a shortage of trained nurses in the Island;
2. what statistics the department has around the use of agency nurses;
3. how much this costs compared to having permanently employed nurses;
4. what, if anything, is being done to train nurses locally?

Answer

a) if there is there a shortage of trained nurses in the Island;

There will always be a need to recruit nurses particularly with specialist skills and experience from elsewhere due to staff turnover, retirement of nursing staff and development of services.

Within Health and Social Services the number of vacancies for trained nurses has started to reduce, with 28 vacancies currently in the General Hospital representing 3.7% of the registered nurse workforce and 13 in Community and Social Services representing 1.3% of the registered workforce.

The Health and Social Services Department, in common with other jurisdictions, is currently experiencing a shortage of trained nurses within the Division of Theatres and Anaesthesia who have skills in anaesthetics, scrub and /or recovery, as well as experiencing challenges in recruiting high calibre and experienced trained nurses to work within the residential units for Older Adults with Complex Care Needs.

In terms of trained nurses in other Island organisations, HSSD doesn't hold workforce data for the private and voluntary sector, however the Chief Nurse is regular contact with employers and is not aware of any specific issues at this time.

2. what statistics the department has around the use of agency nurses;

The department collects detailed data on a weekly basis regarding the use of agency nurses who are used for a variety of reasons where there is no alternative.

The Department records both the number of agency nurses deployed at any time and the costs associated with those agency nurses.

There are currently five agency nurses are covering vacancies across the Division of Theatres and Anaesthesia and a further two covering roles in the Older Adults Complex Care service.

3. how much this costs compared to having permanently employed nurses;

The cost of employing an agency nurse is approximately 1.7 times the cost of employing a permanent member of staff.

The increased costs are due to the agency hourly rates along with travel and accommodation charges. Agency nursing staff are only used when other alternative staffing options have been exhausted, minimising the financial cost to the service.

4. what, if anything, is being done to train nurses locally?

The Department has been running nurse training for at least ten years. The programmes currently available are, in the main, in partnership with the University of Chester.

The degree level programme for pre – registration Adult Nursing is open to islanders on an annual basis and the three year programme is run on island. The interest in this programme has been significant and has attracted local people who would not have been able to pursue a career in nursing had they had to leave Jersey to train. Annual intakes are between 10–15 at present. Intake numbers are based on the expected retirements, turnover and skill mix changes. We currently have circa 45 students in training (1st, 2nd and 3rd years)

In addition to the above programme the department is now also able to offer training in Midwifery; there are currently three pre-registration midwifery students on the programme. Because of the size of the cohort these students undertake their taught element of the programme in Chester at the university and their practice placements on island. We are also able to offer small numbers of Paediatric Nurse training and Mental Health Nurse training, all of which is structured as the midwifery programme.

It is recognised that there will be local students who want to train outside of Jersey. Those students are offered a point of contact with the Department and encouraged to join the nurse bank as a healthcare assistant whilst they are students. This has proved successful in attracting Jersey students back to the island on completion of their programme, as they have the opportunity when they return in the university holidays to do some temporary work on the bank which familiarises them with the Department.

There have been occasions when trained nurses have either had a career change or a career break, for these nurses we have offered a "Return to Practice "programme. This programme offers nurses an opportunity to return to the profession and 13 nurses undertook the programme and many are now in posts across the island.

It is important that nurses who are already qualified undertake continuous professional development. This is a requirement of the professional regulator (Nursing and Midwifery Council) It is also important to nurses themselves that they have opportunities to continue to develop their knowledge and skills and this has improved recruitment and retention. The department runs a range of programmes which meet the needs of the nursing staff and the organisation. Offering education in a range of practical and analytical programmes from diploma to Masters level.

Succession planning for specialist nursing posts at higher grades is also being undertaken with development opportunities being provided for staff nurses. The promotion of staff nurses into some of these posts will provide the vacancies for the newly qualified staff later in the year.

4. THE DEPUTY OF ST. HELIER OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING ENFORCEMENT ACTION:

Question

Will the Minister advise members of -

1. the number of enforcement actions brought in the Magistrate's and Royal Courts by the Department over the last five years without reference tothe Law Officers' Department or to the Law Officers' Department's legal advisers before charges were laid in these courts;
2. who determined the public interest in these actions;
3. how many of the people charged with enforcement infractions pleaded guilty, not guilty and, if the latter, were convicted; and
4. in those cases in which the defendant pleaded not guilty, the number of cases that were then taken over by the Department's legal advisers?

Answer

The answer has been supplied in four parts as set out in the question, as follows:

1. the number of enforcement actions brought in the Magistrate's and Royal Courts by the Department over the last five years without reference to the Law Officers' Department or to the Law Officers' Department's legal advisers before charges were laid in these courts;

My department is responsible for progressing enforcement actions in relation to several different laws and a small proportion of these are brought to the Magistrate's or Royal Courts. Depending on the law which has allegedly been breached and the particular circumstances of the case, my department will refer some cases to the States of Jersey Law Officers' Department or to the appropriate Parish Centenier before a case is brought to the Magistrate's or Royal Courts.

I have asked my department to confirm the number of actions brought to the Magistrate's or Royal Courts in the last five years without reference to the States of Jersey Law Officers' Department and this information will be made available to the Deputy as soon as possible.

2. who determined the public interest in these actions;

The public interest test in deciding whether to bring a prosecution to the Courts is made by the Attorney General's Office or appropriate Parish Centenier. Officers from my department may submit a report to the Attorney General's Officer or Parish Centenier outlining an alleged breach of the Law, but it rests with the Attorney General's Office or Centenier to decide if to proceed with a prosecution.

3. how many of the people charged with enforcement infractions pleaded guilty, not guilty and, if the latter, were convicted; and

Specific details of all enforcement actions brought to the Magistrate's or Royal Courts are held by the Judicial Greffe and I would ask the Deputy to approach the Greffe directly for the information he requires.

4. in those cases in which the defendant pleaded not guilty, the number of cases that were then taken over by the Department's legal advisers?

My department follows the same general process when dealing with enforcement matters as briefly described earlier in my answer, regardless of the defendant's plea.

If the Deputy would like clarification on any specific enforcement process we follow or has an individual case he would like me to investigate I would be happy to provide more information.

5. THE DEPUTY OF ST. HELIER OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE DEVELOPMENT OF THE ESPLANADE QUARTER:

Question

Further to the letter dated 12th February 2015 to the Minister for Planning and Environment from Mr. Paul Harben of Collas Crill, which was copied to all States Members, regarding the Esplanade Development, will the Minister set out the questions and statements made by the author of the letter and the Minister's answers or responses to each of those statements and questions in the order they were presented?

Answer

The Minister has reviewed the 12th February 2015 letter from Collas Crill regarding the States of Jersey Development Company (SOJDC) Esplanade Quarter development and will be replying to the author shortly, providing a comprehensive response to all matters raised. A copy of my written response will be forwarded to all States members.

6. THE DEPUTY OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE NUMBER OF PEOPLE ACTIVELY SEEKING WORK WHO OPT FOR SELF-EMPLOYMENT:

Question

Will the Minister provide an annual breakdown of the number of people who were actively seeking work during the period 2008 to 2014 -

1. who opted for self-employment, together with the nature of self-employment they decided to pursue;
2. whose income had to be supplemented by income support whilst self- employed; and,
3. who returned to the unemployment register as actively seeking work after a period as self-employed, indicating the length of time they were classed as self-employed?

Answer

Income support provides financial assistance to individuals who are actively seeking work, who are in employment or who have self-employment. Earnings from employment and self-employment are included on the Income Support claim with a disregard applied of 23% of the gross earnings. This ensures that as an individual moves into employment or self-employment, they can continue to receive Income Support whilst their income remains within the Income Support levels.

In December 2014 there were 185 individuals who were self-employed but also receiving Income Support. Precise information on the nature of their self-employment is only held on a case-by-case basis and is not easily collated. However, advisors working with these individuals report that the spread of businesses is broad, touching on many sectors from domestic to manual labour, to IT, marketing and catering. Likewise, the previous employment history of these individuals can only be ascertained by a case-by-case examination of their records.

Historic data to the level of detail requested in the question spanning the seven years from 2008 to 2014 would need to be collated manually from a variety of sources on a case-by-case basis. This would be extremely time consuming but an initial analysis completed in the time available indicated an average of just under 200 self-employed individuals receiving Income Support between 2011 and 2014.

The Back to Work teams support individuals who are Actively Seeking Work and wanting to set up their own business, and a specialist Advisor is available to support this group to increase their income or find more hours of paid work.

7. THE DEPUTY OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE FUNDING OF THE COMMITTEE OF INQUIRY INTO HISTORIC CHILD ABUSE:

Question

Following recent media reports about the potential final cost of the Committee of Inquiry into Historic Child Abuse rising significantly above what was originally forecast, will the Chief Minister commit to making available the necessary public funds to ensure that the Committee of Inquiry is able to fulfil its purpose?

Answer

The Council of Ministers meeting on 11 February 2015 decided that the Chief Minister should lodge a proposition in order that the States Assembly can decide upon funding for the Committee of Inquiry.

8. THE DEPUTY OF ST. HELIER OF THE CHIEF MINISTER REGARDING A PUBLIC REGISTER OF BENEFICIAL OWNERSHIP:

Question

Given the commitment by both the Conservative-led government and opposition Labour Party to see a public register of beneficial ownership of companies in the United Kingdom, what measures, if any, has the Jersey government taken to  investigate the feasibility  of creating such a register in the Island and, if measures have been taken, how long does he envisage that it will take to create such a register and what would the approximate cost be?

Answer

Over the years the Jersey government has sought to comply with all the international standards on AML, financial regulation and tax transparency and information exchange, and has been recognised internationally for its achievements in this respect. One key aspect of the international tax initiatives in which Jersey is an active participant has been assisting law enforcement and tax authorities in the fight against tax evasion.

What those authorities require is adequate, accurate and current information on the beneficial ownership of companies made available to them in a timely fashion. This is the clear message to emerge for the G20 High Level Principles on Beneficial Ownership Transparency issued at the Brisbane Summit in November last year and it is also embodied in the draft EU 4th AML Directive and the FATF recommendations on AML/CFT.

The UK government and the opposition consider that a public register of central beneficial ownership is the best way for the UK to meet its international obligations. However this view is not shared by nearly all of the G20 and EU Member States.

The UK government has accepted that what is right for them is not necessarily right for others. It has been acknowledged that our approach of a central register plus the regulation of Trust and Company Service Providers (TCSPs) more than equates with the G20 and EU proposals in meeting the need of law enforcement and tax authorities for adequate, accurate and timely information on beneficial ownership, and that it is at least an equivalent alternative to the UK's planned public central register.

Our present approach can and does provide law enforcement and tax authorities with adequate, accurate and current information on beneficial ownership.

As we have considerable experience of maintaining a central register of beneficial ownership, the content of which is subject to verification by the company registry, we have offered assistance to the United Kingdom and other jurisdictions which have yet to establish such a register.

9. THE DEPUTY OF ST. HELIER OF THE CHIEF MINISTER REGARDING ANTI- MONEY LAUNDERING REGULATIONS:

Question

Following my written question of 20th November 2012 and question without notice on 5th November 2013, will the Chief Minister inform members whether the Jersey Financial Services Commission has reported on the findings resulting from its investigation into the extent of breaches of Anti-Money Laundering/Combatting the Financing of Terrorism (AML/CFT) regulations previously reported in a U.S. Senate investigation into the activities of HSBC Middle East in Jersey?

If so, will the Minister inform members what sanctions, if any, the JFSC has imposed on the Jersey branch of HSBC Middle East, as a result of any AML/CFT breaches found?

If not, will the Minister inform members why this investigation has taken so long, and despite the assurances of the former Minister for Economic Development that "we can be confident that the regulator will act properly and decisively in accordance with its mandate," whether and when we can expect any action at all?

What measures have been put in place by the Jersey authorities to ensure that the standards of governance and compliance of Jersey HSBC subsidiaries, such as HSBC Middle East, are much higher than those recently exposed in HSBC Switzerland by the International Consortium of Investigative Journalists?

Answer

I am informed by the Jersey Financial Services Commission that the scale of the two year review undertaken by the reporting professional has been significant and resulted in the delivery to the Commission on the 19 December 2014 of a twelve thousand page report which is being reviewed and considered in detail. Clarification of points made in the report are currently being pursued. HBME has cooperated with the review and has devoted extensive resources to assist the reporting professional and the bank has consistently demonstrated a commitment to strengthen their AML defences wherever necessary. Any remediation plan will be monitored by the Commission.

No comment can be made on the issue of what may be an appropriate sanction as the Jersey Financial Services Commission will need to follow its published decision making process.

On the subject of the measures that are in place to ensure HSBC Jersey's compliance with high standards of governance I would refer the Deputy to my answer to written question 8640.

10. THE DEPUTY OF ST. HELIER OF THE CHIEF MINISTER REGARDING LINKS BETWEEN HSBC SWITZERLAND AND JERSEY:

Question

Does the Chief Minister accept that any links provided by the International Consortium of Investigative Journalists between the activities of HSBC Switzerland and financial activities in Jersey such as the following, which appeared in the Guardian on 13th February 2015, do not reflect well on the reputation of our financial services industry:

"In Malta, Tancred Tabone, ex-head of the state oil company, was charged in 2013 with alleged corruption dating back to 2005. Two HSBC accounts are named in the allegations.

HSBC also set up a Jersey offshore trust into which Tabone deposited $1m (£650,000). He planned to transfer in more funds, the bank wrote enthusiastically, noting "the potential is evaluated [at] over US$10m", noting Tabone was "personally known by HSBC Malta"?

Is the Chief Minister aware of any further links between HSBC Switzerland and Jersey implying lax application of compliance rules, and, if so, what actions will the Minister take to protect the integrity of Jersey's Financial Services Industry?

Answer

Jersey's Government is fully supportive of international action in the fight against corruption, money laundering, tax evasion and other examples of financial crime. We share in recognising the need for a global approach for these crimes to be tackled effectively. We also recognise that should Jersey have any alleged or proven involvement in such crimes this will be extremely detrimental to the Island's reputation as a quality international finance centre.

However, no finance centre is able to ensure that such criminal activity can be avoided in its entirety. With this in mind, what is important is that our regulatory standards are high and can limit the risk of this occurring, and that where it is shown to have occurred appropriate action is taken to deal with the situation.

I am not aware of the links between HSBC Switzerland and Jersey because this would involve confidential information that would not be available to me. It would however be available to the regulator and I am confident that in the JFSC we have a regulator that is resourced and provided with appropriate legislative powers to take the necessary action if such links have been established.

Whenever information is provided that suggests a financial institution in the Island has not applied the desired compliance rules the JFSC will always take the necessary action. I have every confidence that this is the case in respect of the recent publicity given to the actions of HSBC in so far as the may involve the bank's Jersey operations.

11. DEPUTY OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE EUROPEAN UNION SAVINGS TAX DIRECTIVE:

Question

Does the Chief Minister consider that the schemes, recently revealed by the International Consortium of Investigative Journalists, devised and aggressively marketed by HSBC Switzerland, whereby wealthy individuals were encouraged to transfer their funds from a savings account to a corporate account (with no genuine trading activity) thus evading the European Union savings tax directive (EUSD), constituted serious tax evasion?

What assurance, if any, can the Chief Minister give to members that such a scheme has not been operated in Jersey by HSBC, its subsidiaries or by other banks or financial institutions either now or in the past?

Notwithstanding his response to the latter, what evidence does the Chief Minister have, or will he seek, to support any such assurance?

Answer

I am not in a position to say whether the activity that has been publicised in the media regarding HSBC Switzerland constitutes serious tax evasion. That can only be determined by a proper process of investigation such as that being currently undertaken by the Swiss authorities

As far as the assurance sought in connection with the activities of HSBC in Jersey, I am confident for the reasons given in the answer to written question 8640 that the JFSC is taking all necessary and appropriate steps to assess whether HSBC Jersey has been involved and, if so, to decide what action, if any, needs to be taken.

12. THE DEPUTY OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING VISIT JERSEY:

Question

Will the Minister set out for members the structure of the new body "Visit Jersey" which is to take over the direction of tourism policy in terms of:

• funding;
• remuneration of board members;
• staff numbers and positions;
• staff terms and conditions?

Can the Minister further inform members how many of the staff previously employed in Jersey Tourism have been offered employment with the new Public-Private Partnership body and if this is zero, or close to it, can the Minister state why so many years of experience have been ignored? Can the Minister inform members what terms have been offered to those employees who have effectively been made redundant in the transfer of the Tourism Department to an outside body?

Answer

Visit Jersey is an independent limited company, funded by the States of Jersey. The relationship between the Minister for Economic Development and Visit Jersey, a private company, will be governed by a Partnership Agreement under which the Department can provide an annual grant subject to the agreement of an annual business plan. Visit Jersey is tasked with the promotion of tourism to and within Jersey under policy set by the Minister for Economic Development.

The Tourism Shadow Board, established by P.113/2012, has remuneration for the Chairman at £12,500 per annum with an honorarium of £5,000 per annum for up to 5 Non-Executive Directors.

As an employer, the States of Jersey has elected to redeploy (not make redundant) all Jersey Tourism employees elsewhere across the public service. Separately, all individuals were given an exclusive period in which to apply for roles with Visit Jersey. The terms and conditions on offer are a matter for Visit Jersey as an independent entity. A transition premium has been put in place by the States of Jersey for those who choose to accept an offer of employment from Visit Jersey. This process is still on-going and it would not be appropriate to comment further at this juncture.

13. THE DEPUTY OF ST. HELIER OF THE MINISTER FOR HOUSING REGARDING TENANTS' RIGHTS OF APPEAL:

Question

Following the incorporation of the States of Jersey Housing Department into Andium Homes, could the Minister confirm that this has resulted in a significant reduction in the rights of appeal for tenants of, or applicants for, Andium Homes, in that they have lost access to the States of Jersey Complaints Board as the last resort before appeal to the Royal Court over important disputed housing decisions?

Could the Minister inform members whether the current appeals system put in place by Andium Homes is an entirely internal process with no recourse to an independent hearing, and, if so, has the Minister sought advice on whether the new appeals system is human rights compliant?

What measures in the short and long term, if any, does the Minister have under consideration to ensure that social rental tenants have access to an independent appeals process?

Answer

Andium Homes has in place its own robust appeals and complaints process, which provides applicants with 3 separate opportunities to put forward their complaint or appeal at increasing levels of seniority within the organisation. However, given that Andium Homes is a separate legal entity a person would need to seek redress through the Court if a complaint could not be addressed internally. The same position applies to all the affordable housing providers in Jersey, and all private sector landlords.

The Residential Tenancy (Jersey) Law 2011Law gives the Court power to rule on matters relating to residential tenancies, and is a fair and transparent means to address disputes in respect of contractual arrangements between a landlord and tenant. As part of reviewing private and social housing regulation in 2015, the Minister will explore options for any improvements that are necessary.

14. THE DEPUTY OF ST. BRELADE OF THE CHIEF MINISTER REGARDING TAX AVOIDANCE MEASURES:

Question

Is the Chief Minister committed to tackling tax avoidance, more generally, in addition to his previous commitments on "tax evasion" and "aggressive tax avoidance"?

Will the Chief Minister also provide examples of when "ordinary tax avoidance" becomes "aggressive tax avoidance" and where the onus lies in Jersey for tackling these mechanisms, which may have their genesis elsewhere?

Answer

A problem faced in responding to the question is that there is no precise definition of the various terms used in respect of the actions of those who seek to reduce their liability to tax. In particular there are no clear boundaries between tax planning, tax avoidance, aggressive or abusive tax avoidance and tax evasion.

However, tax evasion is criminal and in 1999 Jersey was one of the first countries to include tax evasion as a predicate offence in our AML legislation. The international Financial Action Task Force only included it in their recommendations in 2012.

Tax evasion also occurs when individuals fail to disclose income in their tax returns. An example of where the Island has acted in support of other jurisdictions is our voluntary support of the EU in its action to tax savings income.

On tax avoidance the position is less clear cut. Where an individual or company takes advantage of legislative provisions which the legislature intended, this tax avoidance is now often referred to as tax planning. For example those resident in the UK who qualify for the resident but non-domiciled status are not required to pay UK tax on foreign source income if that income is received into a Jersey bank account and is not remitted to the UK.

On the other hand, there will be cases where individuals or companies engage in tax avoidance which, while legitimate, seeks to exploit loopholes in legislation in a way that was not in the mind of the legislature when that legislation was enacted. It is for the legislatures in the countries concerned to close the loopholes, but Jersey has always sought to avoid any reputational damage that might be caused by an association with this activity.

In some cases there is an international response, as with the OECD Base Erosion and Profit Shifting (BEPS) programme. Jersey is supportive of this programme which includes, among other things, a country by country reporting requirement for companies.

In  other  cases  there  are  schemes  that  were  introduced  by  the  UK  Government  to  promote investment in certain sectors (e.g the film industry) which have subsequently been taken advantage of by tax advisers on behalf of UK clients with the objective of securing substantial savings in tax. In a number of cases these have been successfully challenged by the UK HMRC

Jersey does not need or want to be associated with any such arrangements that are considered to fall within the definition of abusive tax avoidance. This was the subject of a public statement issued in July 2014 in which I and the then Treasury minister said "We support fair tax competition, and view legitimate tax planning as an appropriate response to operating cross-border. We do not support that which goes beyond legitimate tax planning for commercial purposes nor do we want our  service  providers  to  host  abusive  tax  schemes  designed  to  frustrate  the  will  of  national parliaments."

Government, the JFSC and JFL have joined forces to seek to ensure that in future such schemes do not involve the Island. We have also made it clear that we want to support the UK in achieving their ambitions in relation to that which we consider to be unacceptable and have had discussions with HMRC on how that support might be provided..

We will continue to respond to any situation where the reputation of the Island is threatened. There is plenty of legitimate business available which can be relied upon to support Jersey's continued success as a quality international finance centre.

15. THE  DEPUTY  OF ST.  BRELADE  OF THE  MINISTER  FOR  HOUSING REGARDING THE PERCENTAGE OF HOUSEHOLD INCOME SPENT ON RENT:

Question

What percentage of a household's net income does the Minister consider is reasonable to spend on renting one's home; what figures, if any, are available regarding the average spend in Jersey by tenants and is the Minister aware of how these figures compare with neighbouring countries in Europe?

Answer

Using figures produced by the Statistics Unit from the Household Expenditure Survey 2009/2010, the net average weekly household expenditure on rents in Jersey as of December 2014 is estimated as follows:

The next Jersey Household Expenditure Survey is expected later this year and will include figures on the average expenditure by households on housing costs, including rent.

However, a better measure of rental market affordability is the stress' that housing payments have on household incomes, which is provided in the 2013 Jersey Housing Affordability Report. The focus of the model is on low-income households who spend more than 30 percent of their gross income (including benefits) on housing costs such as mortgages or rent.

The Percentage of lower income households living in housing stress are:

The model does not take into account middle to high income households since some of these will be able to spend more than 30 percent of their incomes on housing costs and still have sufficient funds to meet non-housing costs.

Average household rents in Jersey are comparatively higher than in England and  Wales, and mainland Europe, though like-for-like comparisons are difficult to make. Rental stress levels are therefore  a  more  appropriate  measure  of  affordability,  but  comparable  data  from  the  United Kingdom is not readily available.

16. THE  DEPUTY  OF  ST. BRELADE  OF THE  MINISTER  FOR  PLANNING  AND ENVIRONMENT REGARDING CO2 EMISSIONS:

Question

Will the Minister provide a breakdown for the estimated CO2 emissions made by Jersey (by cars, air travel, energy use and so on), how these compare in percentage terms with other countries and detail what steps, if any, are being taken to reduce emissions in all of these areas?

Answer

The Deputy is referred to the Energy Plan (P.38/2014) which outlines Jersey's Greenhouse Gas (GHG) Emissions (page 20 Figure 1) and also Jersey in Figures (2013 edition page 78).

Jersey's emissions data is collected and audited by Aether; a company who annually compile the UK's emission data on behalf of the UK Government, Department of Energy and Climate Change. Emissions are accounted for based on a number of factors such as: the amount of imported products and fuels (e.g. petrol, diesel kerosene etc); the number of vehicles and annual journey lengths and driving conditions; the numbers of livestock locally. Emissions calculations are carried out by sector and in accordance with the International Panel on Climate Change Common Reporting Framework Guidelines 2006. Disaggregated emissions data is supplied back to the Department two years in arrears i.e. the Jersey disaggregated data set for 2013 is expected towards the end of February 2015. This delay is universal and due to the very through auditing of emissions. I would be happy to provide the Deputy with the full data set in spreadsheet format if he would find that useful.

A project is underway within the Department of the Environment and Aether to show the GHG data more interactively and in a more intuitive way so that members of the public can interrogate the data set online. This is expected to be in place by the summer.

Meaningful comparisons with other jurisdictions are difficult especially given our Island status and interconnectivity to the European Mainland via sub-sea connector. Overall Jersey's accounted emissions are relatively low c. 400,000 tonnes of CO2 equivalents in 2013 and this is due to our small absolute size, importation of low carbon electricity and lack of any heavy industry. Our emissions are dominated from those arising from transport and space heating.

However, rather than make comparisons with other jurisdictions and focus on absolute numbers, the States agreed that Jersey should adhere to international best practice and its commitment under the Kyoto Protocol (extended to Jersey in 2007). In May 2014 the States agreed the Energy Plan (P38/2014) which outlines a number of policies that intend to reduce GHG emissions on a Pathway consistent with our Kyoto Protocol commitments.

There are 16 detailed separate Action Statements in the Energy Plan which each tackle and reduce emissions from the following areas: the built environment (domestic properties, commercial and government stock), the agricultural sector, transport, aviation, emissions from waste water treatment and F-gases (mostly coolants). Each sector plan is outlines in Chapter 3 of the Energy Plan and the projected emissions savings are illustrated assuming that the policy interventions are successful. Again, I would be happy to provide the Deputy with the spreadsheets that show the modelling and underlying assumptions of these emissions pathways.

17. THE DEPUTY OF ST. BRELADE OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE USE OF DILAPIDATED AND EMPTY BUILDINGS:

Question

Does the Minister consider that enough was done by his predecessors to tackle the problem of non-occupied, derelict or dilapidated properties and what action, if any, will he be proposing to tackle these issues?

Answer

I don't think it is appropriate for me to comment on what my predecessors have or haven't done in relation to non-occupied, derelict or dilapidated buildings, but I am happy to clarify the legal powers I have and to clarify my views regarding such matters.

The first part of the question refers to non-occupied properties and I am not aware of any powers the Minister for Planning and Environment has in relation to non-occupied properties.

Article 84 of the Planning and Building (Jersey) Law 2002 is one of a number of Articles under Chapter 6 of the Law that deal with the condition of land (which in this context includes buildings on the land), and confers powers on the Minister for Planning and Environment to abate any problem through the service of a notice.

Article 84 of the Planning and Building (Jersey) Law states;

Minister may require repair or removal of ruinous or dilapidated buildings.

(1) If it appears to the Minister that a building is in a ruinous or dilapidated condition it

may

serve a notice requiring that the building or a specified part of it be demolished, repaired, decorated or otherwise improved and that any resulting rubbish be removed."

Article 91 of the Law requires the Minister to specify in sufficient detail the works to be carried out, and a reasonable time to complete them depending on what is required. Articles 93 and 94 state that it is an offence not to comply with a notice, and that in default, the Minister may undertake the works and recover his reasonably incurred costs from the person failing to undertake the work. There is no right for the owner to claim compensation under these provisions, but there is an appeal to the Royal Court on the grounds that the action taken by or on behalf of the Minister is unreasonable with regard to all the circumstances.

The Law does not define what constitutes a "ruinous or dilapidated building". They are ordinary words, and the Royal Court is likely to apply the ordinary meanings to them. In order for a building to be ruined or ruinous I feel that the property would effectively have to be a wreck incapable of occupation or the possibility of occupation. A dilapidated building is likely to be a building in an extreme state of disrepair. Each case is be different, and will depend on the evidence of and the degree of ruination or dilapidation. In this context it might be reasonable to state that if a building is wind and watertight it is unlikely to be in such a state of ruination or dilapidation as to trigger action by way of Article 84.

18. THE DEPUTY OF ST. BRELADE OF THE MINISTER FOR SOCIAL SECURITY REGARDING REDUCTIONS IN INCOME SUPPORT RENTAL COMPONENTS DUE TO UNDER OCCUPATION:

Question

Will the Minister inform members how many claims for Income Support (IS) are subject to a reduction in rental component because of under occupation?

Of those claims subject to this reduction how many are:

1. pensioner households where the adult children have left;
2. non-pensioner households where the family has left home;
3. households where there are adult children still resident;
4. households where there are health, disability or other needs which require an extra room?

Is it still the case, as previously with the Housing Department that in a) and b) above the under occupation is disregarded if the tenant has applied to downsize?

In this context how many Andium one bed properties become available for downsizing annually?

In c) if the family separated in order to release a 2 or 3-bed property, what proportion would result in an increase in IS paid as one rent component became 2 or 3 separate claims?

Answer

The Income Support rental accommodation component is designed to help towards the reasonable rental costs  faced by low income households who qualify for this benefit. The  levels of this component are reviewed regularly, and were most recently increased in April 2014 to better reflect the costs of housing in the Island.

A household claiming Income Support receives an accommodation component at a level according to the size and type of property that is appropriate to its members; in practice this is calculated by looking at the number of bedrooms required by those people who are included on the Income Support claim. In cases where the household occupies a property that is larger than it needs, the Income Support system contains a mechanism to restrict the amount of accommodation component that is paid. This is essential to protect the Income Support budget and prevent the taxpayer from subsiding people who live in inappropriately large properties.