States Meeting Transcript - 26th April 2016

STATES OF JERSEY OFFICIAL REPORT TUESDAY, 26th APRIL 2016

COMMUNICATIONS BY THE PRESIDING OFFICER ......................................9

1. Welcome to His Excellency The Lieutenant Governor..................................9
2. Her Majesty The Queen's 90th birthday – letter sent by The Bailiff ....................9
3. Welcome to visitor on secondment from Saint Helena – Mrs. Carol George, Corporate Services Executive Manager..................................................9

4. Notice of Statement to be made by the Minister for Treasury and Resources –

States of Jersey Development Company .................................................9

QUESTIONS ......................................................................................9

2. Written Questions........................................................................9

1. DEPUTY J.M. MAON OF ST. SAVIOUR OF THE CHIEF MINISTER REGARDING THE PUBLICATION OF A REPORT INTO HIGHER EDUCATION: ............................................................................9

2. DEPUTY J.M. MAON OF ST. SAVIOUR OF THE CHAIRMAN OF THE PRIVILEGES AND PROCEDURES COMMITTEE REGARDING THE TIME ALLOWED TO ANSWER AN ORAL QUESTION:..................................10

3. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE COST OF CIVIL SERVANTS' FLIGHTS: .....................10
4. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING CORPORATION TAX:..........................10
5. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING TAX AGREEMENTS REACHED WITH

HIGH VALUE RESIDENTS: ..........................................................11

6. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE CHIEF MINISTER REGARDING REQUESTS FROM U.K. ENFORCEMENT AGENCIES FOR INFORMATION HELD ON THE CENTRAL REGISTER OF BENEFICIAL OWNERSHIP:..........................................................................12

2.7. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR

HEALTH AND SOCIAL SERVICES REGARDING THE MEASUREMENT OF NURSING VACANCIES: ..............................................................13

8. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR

HOUSING REGARDING HOUSING POVERTY:....................................14

9. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR

SOCIAL SECURITY REGARDING CONSULTATION OF THE MINIMUM WAGE:..................................................................................15

10. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING ACTION TAKEN BY THE JERSEY FINANCIAL SERVICES COMMISSION FOLLOWING THE RELEASE OF THE PANAMA PAPERS': ..16

11. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR

HOUSING REGARDING JERSEY'S FUTURE HOUSING NEEDS:................17

12. DEPUTY L.M.C. DOUBLET OF ST. SAVIOUR OF THE MINISTER FOR INFRASTRUCTURE REGARDING FUTURE PLANS FOR THE POLICE STATION SITE AT ROUGE BOUILLON:............................................18

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

1. Deputy R.J. Renouf of St. Ouen of the Minister for Social Security regarding the potential introduction of a differential rate for the minimum wage based on age:....39

Deputy S.J. Pinel of St. Clement (The Minister for Social Security): .........................39

1. The Deputy of St. Ouen:................................................................39
2. Deputy S.W. Mézec of St. Helier:......................................................40
3. Deputy G.P. Southern of St. Helier:....................................................40
4. Deputy G.P. Southern :..................................................................40
5. Deputy M. Tadier of St. Brelade:.......................................................40

6. Deputy M. Tadier :......................................................................40
7. The Deputy of St. Ouen:................................................................41

2. Deputy G.P. Southern of the Minister for Housing regarding measures in place to reduce housing poverty in the Island:..................................................41

Senator I.J. Gorst (The Chief Minister - rapporteur):..........................................41

1. Deputy G.P. Southern :..................................................................41
2. Deputy M. Tadier :......................................................................42
3. Deputy M. Tadier :......................................................................42
4. Deputy A.D. Lewis of St. Helier:.......................................................42
5. Deputy G.P. Southern :..................................................................43

3. Deputy M. Tadier of the Minister for Treasury and Resources regarding revenues from the tax amnesties:..................................................................43

Senator A.J.H. Maclean (The Minister for Treasury and Resources):.........................43

1. Deputy M. Tadier :......................................................................43
2. Deputy G.P. Southern :..................................................................44
3. Deputy G.P. Southern :..................................................................44
4. Deputy S.Y. Mézec : ....................................................................44

5. Deputy M. Tadier :......................................................................44

4. Deputy P.D. McLinton of St. Saviour of the Minister for Environment regarding provision for making it illegal to fail to report having struck a cat with a vehicle:....45

Deputy S.G. Luce of St. Martin (The Minister for Environment):............................45

1. Deputy P.D. McLinton:................................................................45
2. Deputy M. Tadier :......................................................................45

5. Deputy K.C. Lewis of St. Saviour of the Minister for Education regarding savings from the resourcing and support provided to users of nursery care and private education:................................................................................46

Deputy R.G. Bryans of St. Helier (The Minister for Education):..............................46

1. Deputy K.C. Lewis :....................................................................46
2. Deputy M. Tadier :......................................................................46
3. Deputy M. Tadier :......................................................................46
4. Deputy M.R. Higgins of St. Helier : ....................................................47
5. Deputy M.R. Higgins: ..................................................................47
6. Deputy G.P. Southern :..................................................................47
7. Deputy L.M.C. Doublet of St. Saviour:.................................................48
8. Connétable C.H. Taylor of St. John:....................................................48
9. Deputy R. Labey of St. Helier : .........................................................48
10. Deputy A.D. Lewis :.................................................................48
11. Deputy K.C. Lewis : .................................................................49

6. Deputy A.D. Lewis of the Minister for Treasury and Resources regarding

progress on proposals for asset disposals:..............................................49

Senator A.J.H. Maclean (The Minister for Treasury and Resources):.........................49

1. Deputy A.D. Lewis :....................................................................49
2. Deputy T.A. Vallois of St. John:........................................................50
3. The Deputy of St. John:................................................................50
4. The Connétable of St. John:............................................................50

7. Deputy S.Y. Mézec of the Chief Minister regarding the return of Avios points obtained by civil servants when flying on States business:.............................51

Senator I.J. Gorst (The Chief Minister):......................................................51

1. Deputy S.Y. Mézec : ....................................................................51
2. Deputy S.M. Wickenden of St. Helier:..................................................51
3. Deputy A.D. Lewis :....................................................................51
4. Deputy A.D. Lewis :....................................................................52
5. Deputy M. Tadier :......................................................................52
6. The Deputy of St. John:................................................................53
7. Deputy S.Y. Mézec : ....................................................................54

8. Deputy R.J. Rondel of St. Helier of the Minister for Health and Social Services regarding the employment of full-time consultants:....................................54

Senator A.K.F. Green (The Minister for Health and Social Services):........................54

1. Deputy R.J. Rondel: ....................................................................54
2. Deputy G.P. Southern :..................................................................54
3. Deputy G.P. Southern :..................................................................55
4. Deputy A.D. Lewis :....................................................................55
5. Deputy M. Tadier :......................................................................55
6. Deputy M. Tadier :......................................................................56
7. Senator Z.A. Cameron:.................................................................56
8. Senator Z.A. Cameron:.................................................................56
9. Deputy R.J. Rondel: ....................................................................56

9. Deputy J.A. Martin of St. Helier of the Minister for Health and Social Services regarding kinship fostering arrangements: ............................................57

Senator A.K.F. Green (The Minister for Health and Social Services):........................57 3.9.1 Deputy J.A. Martin:....................................................................57

10. Deputy L.M.C. Doublet of the Minister for Home Affairs regarding the way in

which births are registered in the Island:..............................................57

Senator I.J. Gorst (The Chief Minister - rapporteur):..........................................57

1. Deputy L.M.C. Doublet : ............................................................58
2. Deputy J.A. Martin: .................................................................58
3. Deputy J.A. Martin: .................................................................58
4. The Deputy of St. John : .............................................................58
5. Deputy L.M.C. Doublet : ............................................................58

11. The Connétable of St. John of the Minister for Infrastructure regarding the trial resurfacing of La Route de Mont Mado in St. John:...................................59

Deputy E.J. Noel of St. Lawrence (The Minister for Infrastructure):..........................59

1. The Connétable of St. John:.........................................................59
2. Deputy A.D. Lewis :.................................................................59
3. The Deputy of St. John : .............................................................60
4. The Deputy of St. John : .............................................................60
5. Deputy J.A.N. Le Fondré:...........................................................60
6. Deputy D. Johnson of St. Mary:.....................................................60
7. The Connétable of St. John:.........................................................61

12. Deputy K.C. Lewis of the Minister for Health and Social Services regarding front line medical staff suffering from severe stress:.........................................62

Senator A.K.F. Green (The Minister for Health and Social Services):........................62

1. Deputy K.C. Lewis : .................................................................62
2. Senator Z.A. Cameron: ..............................................................62
3. Deputy K.C. Lewis : .................................................................63

13. Deputy J.A. Martin of the Minister for Social Security regarding payments made

to foster carers:..........................................................................63

Deputy S.J. Pinel (The Minister for Social Security):.........................................63

14. Deputy A.D. Lewis of the Minister for Treasury and Resources regarding

economic assumptions which forecast a growth in average earnings:.................63

Senator A.J.H. Maclean (The Minister for Treasury and Resources):.........................63

1. Deputy A.D. Lewis :.................................................................64
2. Deputy G.P. Southern :..............................................................64
3. Deputy R. Labey :....................................................................64
4. Deputy R. Labey :....................................................................65
5. The Deputy of St. John : .............................................................65
6. The Deputy of St. John : .............................................................65
7. Deputy A.D. Lewis :.................................................................65

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

provision of support to Islanders in the poorest quintile of society:...................66

Senator A.J.H. Maclean (The Minister for Treasury and Resources):.........................66

1. Deputy J.A.N. Le Fondré:...........................................................67
2. Deputy J.A.N. Le Fondré:...........................................................67
3. Deputy G.P. Southern :..............................................................67

4. Deputy G.P. Southern :..............................................................67
5. The Deputy of St. John : .............................................................68
6. The Deputy of St. John : .............................................................68
7. Deputy M. Tadier :...................................................................68
8. Deputy S.Y. Mézec :.................................................................68

16. Deputy R.J. Rondel of the Minister for Health and Social Services regarding

possible sites for the future hospital and building on Green Zone land:..............69

Senator A.K.F. Green (The Minister for Health and Social Services):........................69

1. Deputy R.J. Rondel:.................................................................69
2. Deputy G.P. Southern :..............................................................69
3. Deputy G.P. Southern :..............................................................69
4. Deputy M. Tadier :...................................................................70
5. Deputy M. Tadier :...................................................................70
6. Deputy A.D. Lewis :.................................................................70
7. Deputy R.J. Rondel:.................................................................70

17. Deputy G.P. Southern of the Chief Minister regarding explanations received from the Jersey Financial Services Commission regarding reasons for the establishment

of Panamanian companies by Jersey-registered companies: ..........................71

Senator I.J. Gorst (The Chief Minister):......................................................71

1. Deputy G.P. Southern :..............................................................71
2. Deputy M.R.Higgins:...............................................................71
3. Deputy M.R.Higgins:...............................................................72
4. The Deputy of St. Mary : ............................................................72
5. Deputy M Tadier : ...................................................................72
6. Deputy M Tadier : ...................................................................73
7. Deputy G.P. Southern :..............................................................73

4. Questions to Ministers without notice - The Minister for Economic Development, Tourism, Sport and Culture............................................................74

1. Deputy K.C. Lewis :....................................................................74 Senator L.J. Farnham (The Minister for Economic Development, Tourism, Sport and

Culture):................................................................................74

1. Deputy K.C. Lewis :....................................................................74
   2. Deputy S.M. Wickenden: ..............................................................74
   3. Deputy C.F. Labey of Grouville : .......................................................75

4.3.1 The Deputy of Grouville : ..............................................................75

4. Deputy G.P. Southern :..................................................................75

4.4.1 Deputy G.P. Southern :..................................................................76

5. Deputy A.D. Lewis :....................................................................76
6. Deputy M. Tadier :......................................................................76

4.6.1 Deputy M. Tadier :......................................................................77

7. Deputy L.M.C. Doublet :................................................................77

4.7.1 Deputy L.M.C. Doublet :................................................................77

8. Deputy R. Labey : ......................................................................77
9. The Deputy of St. Mary:................................................................77

5. Questions to Ministers without notice - The Chief Minister ...........................78

1. Deputy S.M. Wickenden: ..............................................................78 Senator I.J. Gorst : (The Chief Minister):......................................................78

1. Deputy S.M. Wickenden: ..............................................................78
   2. Deputy J.M. Maçon of St. Saviour:.....................................................78

5.2.1 Deputy J.M. Maçon:....................................................................79

3. Deputy L.M.C. Doublet :................................................................79
4. Deputy G.P. Southern :..................................................................79
5. Deputy S.Y. Mézec : ....................................................................79

5.5.1 Deputy S.Y. Mézec : ....................................................................80

6. The Deputy of Grouville : ..............................................................80
7. Deputy M. Tadier :......................................................................80

5.7.1 Deputy M. Tadier :......................................................................80

8. Deputy J.A. Martin:....................................................................81

5.8.1 Deputy J.A. Martin:....................................................................81

9. Deputy J.A.N. Le Fondré:..............................................................81
10. Deputy S.Y. Mézec : ....................................................................81

5.10.1 Deputy S.Y. Mézec :.................................................................82

STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY........................82

6. The Minister for Treasury and Resources - statement regarding developments in

St. Helier.................................................................................82

6.1 Connétable J.M. Refault of St. Peter (Assistant Minister for Treasury and Resources

- rapporteur):...........................................................................82

1. The Connétable of St. John:............................................................83

2. Deputy M. Tadier :......................................................................83
3. Deputy M. Tadier :......................................................................84
4. Deputy G.P. Southern :..................................................................84
5. Deputy G.P. Southern :..................................................................84
6. Deputy M.R. Higgins: ..................................................................84
7. Deputy M.R. Higgins: ..................................................................85
8. The Deputy of Grouville : ..............................................................85
9. Senator P.F.C. Ozouf :..................................................................85
10. Deputy R. Labey :....................................................................85
11. Deputy J.A.N. Le Fondré:...........................................................86
12. Deputy M. Tadier :...................................................................86
13. Deputy M. Tadier :...................................................................86
14. Deputy A.D. Lewis :.................................................................86
15. Senator P.F.C. Ozouf :...............................................................87

PUBLIC BUSINESS.............................................................................87

7. Draft Former La Motte Street School (Validation and Abrogation of Covenants) (Jersey) Law 201- (P.9/2016) ............................................................87

1. Deputy E.J. Noel (The Minister for Infrastructure):....................................88

1. Connétable M.P.S. Le Troquer of St. Martin : ..........................................89

LUNCHEON ADJOURNMENT PROPOSED .................................................90 LUNCHEON ADJOURNMENT ................................................................90

2. The Deputy of St. Ouen:................................................................90
3. The Connétable of St. John:............................................................93
4. Deputy M. Tadier :......................................................................94
5. Deputy P.D. McLinton:................................................................94

6. Deputy J.A. Martin:....................................................................95

2. Draft Former La Motte Street School (Validation and Abrogation of Covenants) (Jersey) Law 201- (P.9/2016) - proposal of Deputy J.A. Martin of St. Helier for a reference back...........................................................................95

1. Deputy J.A. Martin:....................................................................95
2. Deputy E.J. Noel:......................................................................96
3. The Connétable of St. Peter:............................................................97 Mr. R.J. MacRae , H.M. Attorney General....................................................98
4. The Deputy of St. Ouen:................................................................99
5. Deputy J.A. Martin:....................................................................99

8. Draft Education (Provided Schools – Amendment of Law) (Jersey) Regulations

201- (P.14/2016)........................................................................100

8.1 Deputy R.G. Bryans (The Minister for Education):....................................100

1. Senator P.F.C. Ozouf :.................................................................101
2. The Connétable of St. Martin : ........................................................101
3. Deputy L.M.C. Doublet :..............................................................101
4. Deputy R.G. Bryans: ..................................................................102

9. Draft Education (Amendment No. 3) (Jersey) Law 201- (P.15/2016) ................103

9.1 Deputy R.G. Bryans (The Minister for Education:....................................103

1. Deputy L.M.C. Doublet :..............................................................103 The Attorney General:......................................................................103
2. Deputy J.A.N. Le Fondré:.............................................................104
3. The Deputy of St. John:...............................................................104
4. The Connétable of St. Martin : ........................................................104
5. Deputy R. Labey : .....................................................................105 The Attorney General:......................................................................105 Deputy J.M. Maçon:........................................................................105 Deputy J.A.N. Le Fondré:...................................................................106
6. Deputy R.G. Bryans: ..................................................................106

10. Draft Protection of Children (Nicotine Inhaling Products) (Jersey) Regulations

201- (P.23/2016)........................................................................107

1. Senator A.K.F. Green (The Minister for Health and Social Services):.................107

1. Deputy M. Tadier :..................................................................108
2. Deputy K.C. Lewis : ................................................................109
3. Deputy S.M Wickenden:...........................................................109
4. Deputy J.M. Maçon: ...............................................................109
5. Deputy J.A. Martin: ................................................................110
6. Deputy M.J. Norton of St. Brelade:................................................110
7. Deputy P.D. McLinton:............................................................110
8. Senator A.K.F. Green:..............................................................111

2. Senator A.K.F. Green:................................................................113

1. Deputy M. Tadier :..................................................................113
2. Senator A.K.F. Green:..............................................................113
   3. Senator A.K.F. Green:................................................................115

1. Deputy M. Tadier :..................................................................115
2. Deputy A.K.F. Green:..............................................................115

11. Draft Dormant Bank Accounts (Jersey) Law 201- (P.25/2016).......................117

11.1 Senator P.F.C. Ozouf (Assistant Chief Minister - rapporteur):........................117

1. The Connétable of St. Martin:......................................................119
2. Deputy J.M. Maçon: ...............................................................120
3. Deputy S.M. Brée:.................................................................121
4. Deputy M.R.Higgins:..............................................................121
5. Deputy M.J. Norton:...............................................................121
6. The Connétable of St. John:........................................................121
7. Deputy M. Tadier :..................................................................122
8. Senator I.J. Gorst :..................................................................122
9. Senator P.F.C. Ozouf :..............................................................123

12. Draft Extradition (Amendment) (Jersey) Law 201- (P.26/2016)......................126

12.1 Senator P.M. Bailhache (The Minister for External Relations - rapporteur): ..........127

13. Westaway Donations Council: appointment of member (P.31/2016).................129

13.1 Senator A.K.F. Green (The Minister for Health and Social Services):.................129

1. Deputy G.P. Southern :.............................................................130
2. Senator A.K.F. Green:..............................................................130

ARRANGEMENT OF PUBLIC BUSINESS FOR FUTURE MEETINGS..................130

14. Connétable L. Norman of St. Clement (Chairman, Privileges and Procedures Committee):..........................................................................130

ADJOURNMENT..............................................................................131

The Roll was called and the Dean led the Assembly in Prayer. [9:30]

COMMUNICATIONS BY THE PRESIDING OFFICER

1. Welcome to His Excellency The Lieutenant Governor The Deputy Bailiff :

On behalf of Members I would like to welcome His Excellency the Lieutenant Governor to the Chamber this morning. [Approbation]

2. Her Majesty The Queen's 90th birthday – letter sent by The Bailiff The Deputy Bailiff :

Yes. The Bailiff has asked me to read out the letter that he has sent to Her Majesty the Queen on the occasion of Her Majesty's 90th birthday. He writes in the following terms: "Your Majesty, it gives me great pleasure to write to you on behalf of the States and people of Jersey to wish you a very happy 90th birthday. We all hope that you have a special day. I know that there will be many tributes to you today but from here, the most southerly part of the British Isles, comes confirmation of the enormous respect and affection in which you are held. We remember you with the greatest of pleasure your visits to our Island and extend our warmest good wishes for your future health and happiness. Dieu sauve la Reine et notre duc." While we are on the subject of Her Majesty's 90th birthday, I would like to take this opportunity of thanking David Filipponi of the Bailiff 's Chambers and all those who worked so hard and so quickly to make the lighting of the ceremonial beacon a success. [Approbation]

3. Welcome to visitor on secondment from Saint Helena – Mrs. Carol George, Corporate Services Executive Manager

The Deputy Bailiff :

I should also wish to inform Members that in the gallery today we have Ms. Carol George, which is visiting us on secondment from St. Helena, where she holds the post of Corporate Services Executive Manager. [Approbation]

4. Notice of Statement to be made by the Minister for Treasury and Resources – States of Jersey Development Company

The Deputy Bailiff :

I should also mention to Members that we are expecting a statement to be made by the Minister for Treasury and Resources on the matter of the States of Jersey Development Company. I understand it might be from the Connétable of St. Peter, but that information will be with Members as quickly as possible. It is not available yet.

QUESTIONS

2. Written Questions

1. DEPUTY J.M. MAON OF ST. SAVIOUR OF THE CHIEF MINISTER REGARDING THE PUBLICATION OF A REPORT INTO HIGHER EDUCATION:

Question

Given that the Chief Minister's original deadline for the publication of a report into higher education and its funding has now passed, and the report has yet to be published, can the Chief Minister advise when it will be issued and the reason for the delay?

Answer

I have now received the draft report into higher education and am looking to publish it at the next sitting of the States Assembly.

2. DEPUTY J.M. MAON OF ST. SAVIOUR OF THE CHAIRMAN OF THE PRIVILEGES AND PROCEDURES COMMITTEE REGARDING THE TIME ALLOWED TO ANSWER AN ORAL QUESTION:

Question

Could the Chairman explain what the basis is for the 90 second rule' applying to answers to oral questions and what right do members have to challenge the Presiding Officer with regard to this rule?

Answer

Standing Order 63(7) states that "the member of the States asked the question shall answer it and any supplementary question concisely". Interpretation of this Standing Order is a matter for the Presiding Officer but it has been the case for many years that 90 seconds is normally allowed for an answer to be given. Members wishing to change the rules of the Assembly have the option of bringing forward propositions for debate to achieve their aims.

3. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE COST OF CIVIL SERVANTS' FLIGHTS:

Question

Further to the Chief Minister's answer to question 9317 regarding the cost of civil servants' flights, could the Chief Minister provide a breakdown for each of the journeys, including accommodation costs and other expenses, including food and taxis?

Answer

The extra information requested for 2014 and 2015 has been collated and work is now being done to establish the same detailed information for 2011-2013.

All this information will be published alongside the review that is underway into the States of Jersey's travel policy. This review is due to report at the end of May.

4. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING CORPORATION TAX:

Question

Further to the Minister's answer to question 9341, tabled on 12th April 2016, regarding the collection of Corporation Tax, could he provide a breakdown of how much profit was registered for those companies in each tax band?

Answer

Due to the way information is held within the current Taxes Office IT system it has not been possible to answer this question by the deadline. An answer will be provided to the next sitting.

Additionally, the Taxes Office is still seeking to draw together relevant data (reconciling various data sets) regarding the income streams of companies into a complete format. As far as possible, the Taxes Office will ascertain and quantify key variables, including, for example, capital allowances, deductible losses and tax credit relief.

We are currently developing plans to replace the Taxes Office computer systems and aim to begin rolling out new services from 2019. We will aim to improve management information provision as part of this work.

5. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING TAX AGREEMENTS REACHEDWITH HIGH VALUE RESIDENTS:

Question

Further to the Minister's answer to question 9345, tabled on 12th April 2016, could the Minister explain how and under what circumstances the tax agreements reached with those High Value Residents who came to the Island before 2005 could be altered by the government?

Answer

It is worth clarifying the position of those High Value Residents ("HVRs") who established residence in Jersey before 2005. In this regard the Minister recommends that the Deputy reads the International Adviser's excellent summary of the history of the 1(1)(k) policy which was prepared in 2010 (see: http://www.gov.je/Government/Pages/StatesReports.aspx?ReportID=465).

The following extracts from that report are particularly relevant in the context of the Deputy 's question:

"11. Throughout the 1970's, 1980's and 1990's the tax requirement was used for the main part as a rationing tool'. The idea was that if the States only wished to have, say, 15, 10 or 5 consents granted the tax requirement should be set to achieve this number. That is, those who were granted consent were those most likely to make the biggest contribution to the Island's tax revenues. The principle was that if only 5 consents were to be granted they should be the best in terms of the tax contribution to be made.

12. There has been some misleading language used in describing the policy adopted in the 1970's, 1980's and 1990's. There were no deals' struck or negotiations that led to any agreement that a person paid less than 20% on the income they received that was liable to tax in accordance with the provisions of the Income Tax Law. All applicants were required to show that they would have sufficient income liable to Jersey tax at 20% to more than meet the minimum requirements set. That requirement was set as the basis for limiting the number of consents each year. Generally speaking the hurdle' heights set had the desired effect of producing the number of applications and subsequent consents in line with the States' policy of limiting the total number of consents in each year. All applicants had to satisfy the Housing Committee, with advice from the Economic Adviser and subsequently the Chief Adviser, that they would have sufficient taxable income to meet the requirements."

The Deputy 's question implies that HVRs who arrived before 2005 entered into agreements which lowered their effective tax rate; this is not the case, they were taxed on all their income in accordance with Jersey's Income Tax Law in exactly the same way as any other personal taxpayer. The only "agreements" entered into was that each HVR agreed to pay a minimum amount of income tax each year (each HVR having to evidence that they had sufficient taxable income to generate that amount of tax).

As the International Adviser's report makes clear, the minimum amount of income tax required from a HVR altered over time, depending on the States position on encouraging the immigration of HVRs. The States have consistently applied the policy position that the minimum tax contribution required from each individual HVR is determined at the time of their arrival and is not adjusted if later arriving HVRs are required to meet a higher (or in some cases lower[1]) minimum income tax threshold.

6. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE CHIEF MINISTER REGARDING REQUESTS FROM U.K. ENFORCEMENT AGENCIES FOR INFORMATION HELD ON THE CENTRAL REGISTER OF BENEFICIAL OWNERSHIP:

Question

Could the Chief Minister provide the details of how many times in each year for the past 5 years UK enforcement agencies have sought information from Jersey's Central Register of beneficial ownership and on how many occasions the request was indicated to be urgent?

Also, how many of the requests related to investigations concerning –

1. terrorism;
2. money laundering;
3. tax avoidance;
4. tax evasion?

Answer

It is widely recognised that the misuse of corporate vehicles is reduced if information regarding both the legal and beneficial owner, and the source, and use of the corporate vehicle's assets are available to investigating authorities. Beneficial ownership information is therefore required by law enforcement agencies to identify persons who may be responsible for suspected criminal activity, or who may have relevant information to further an investigation.

In Jersey, the Police & Customs Joint Financial Crimes Unit (JFCU) is the national centre for the receipt, analysis and dissemination of financial information relevant to money laundering, associated offences and terrorist financing. The JFCU engages in the reciprocal exchange of information with agencies across the world, disseminating the results of financial analysis, and receiving all overseas enquiries regarding financial crime. UK Authorities are amongst Jersey's closest operational partners, and the jurisdictions enjoy strong financial crime investigation cooperation.

Much of the Jersey's international liaison results from the proactive sharing of information, but where overseas authorities initiate a request, it is designated as a Request for Assistance "RFA".

Beneficial ownership detail is exchanged with international counterparts as a matter of routine in the course of financial investigations. It rarely features in isolation, generally forming part of a wider information requirement. Beneficial ownership information is frequently held by the JFCU by virtue of its function, and may be obtained by the JFCU from the Registry if not.

The JFCU do not collate statistics specifically regarding requests for beneficial ownership detail. The figures below are the number of RFAs from UK Law Enforcement Agencies which may contain a

beneficial ownership aspect2 along with criminality suspected3. The question refers to tax avoidance but as this is not a criminal tax matter requests for information in this respect will not come to the JFCU. Requests for information in connection with civil tax matters will be received by the Taxes Office in respect  of  tax  information  exchange  agreements  and  where  these  seek  information  on  beneficial ownership the Taxes Office will obtain this information from the Companies Registry or a third party such as a trust and company service provider.

UK Law Enforcement have expressed their satisfaction with the cooperation they receive from the JFCU and we are told by UK Cabinet Office officials that Jersey is held in high esteem by the UK National Crime Agency

Standard operating procedure dictates that all RFAs are dealt within a maximum of 7 days and there has been no complaint from UK law enforcement concerning the speed with which requests for information are responded to.

1 ENGLAND

NORTHERN IRELAND

SCOTLAND

UNITED KINGDOM CPS (UK) Crown Prosecution Service

UNITED KINGDOM (UK) ASSET RECOVERY AGENCY (RART - ARA) UNITED KINGDOM (UK) CUSTOMS & EXCISE (HMRC)

UNITED KINGDOM (UK) FSA

UNITED KINGDOM (UK) NCA

UNITED KINGDOM (UK) OTHER COURT / GOVT. DEPARTMENT UNITED KINGDOM (UK) SOCA (NCIS)

UNITED KINGDOM POLICE (UK)

WALES

2 The precise reason for an enquiry may not be stipulated on the incoming RFA.

2.7. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HEALTH

AND SOCIAL SERVICES REGARDING THE MEASUREMENT OF NURSING VACANCIES:

Question

Further to the Minister's response during questions without notice on 12th April 2016 to my question regarding the measurement of nursing vacancy rates, during which he provided a figure which differed from previous figures reported to Scrutiny, could the Minister set out the precise mechanism by which this measure will be reported in future along with the justification for what posts are and are not included?

Answer

Two key data items regarding vacancies are held by the department.

The data will be reported and published in the two formats that are available.

The first is the headline vacancy figure, which is based on the established posts in the States HR Information System where there is no substantive employee currently in post.

The second is the number of vacant posts (as above) that are currently under active recruitment ie the vacant posts excluding those posts where an employee has been appointed but not yet started work or where active recruitment is not underway for some other reason.

8. DEPUTY  G.P. SOUTHERN  OF  ST.  HELIER  OF  THE  MINISTER  FOR HOUSING REGARDING HOUSING POVERTY:

Question

Can the Minister advise what measures are in place to reduce housing poverty in the Island, and, in the light of those measures, could the Minister advise –

1. how housing poverty is measured and how that measure compares with those used in other jurisdictions;
2. what figures are available which detail the prevalence of housing poverty amongst the tenants of Andium Homes, housing trusts and in the private rental sector and, if none, why;
3. what estimate has been made of the impact on tenants of the decision to raise rents in the social rental sector and, if none, why?

Answer

The Housing Strategy focusses on the need for more affordable and better quality homes.

The Jersey Housing Affordability Report 2013 provides a breakdown of the proportion of low income households living in housing stress (spending more than 30% of their gross income on housing costs):

Proportion of low income households in rental stress

The results of the Jersey Housing Affordability Report confirm the need to bring forward effective policies to address housing affordability. The Housing Strategy prioritises measures to:

• Increase affordable housing supply to relieve upward pressures on the costs of both renting and purchasing a home – with the objective of providing 1,000 new affordable units of accommodation up to 2020.

• Raise the standard of social rented accommodation – a programme of major investment to bring all former States-owned homes up to meet the Decent Homes Standard by 2024.
• Introduce minimum standards in the rented sector – improving housing conditions, especially for low income households who are at greatest risk of poor quality housing.

The Income Support system is also an essential component of the support available to assist low income with the reasonable costs of housing. Income Support limits were increased in 2014, which provided additional support of £1 million per year to private sector tenants as part of the Housing Transformation Programme. Support for private sector rents has also been fully protected within the Medium Term Financial Plan, and rental components for private sector tenants are due to rise in each of the next 4 years.

A review has not yet been undertaken into the impact on tenants of the decision to raise rents in the social rental sector. The 90% rents policy came into effect in 2014 and only applies to new tenancies. The policy therefore requires more time to embed itself before reviewing the impact on tenants.

The 90% rents policy ensures that tenants pay a fair level of rent that reflects the value for their home, and underpins the substantial programme of investment in refurbishment which is underway. In respect of low income households, the Income Support system includes the full cost of the reasonable rent for social housing tenants.

These measures, together with the Council of Ministers' focus on supporting a strong economy to benefit all income groups, will support low income households with their housing costs in a fair and sustainable manner.

9. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING CONSULTATION OF THE MINIMUM WAGE: Question

Further to the Minister's statement in P.38/2016 Draft Employment (Amendment No. 10) (Jersey) Law 201-' that: "The debate of this draft Law will provide an opportunity for States Members to demonstrate whether they support a move to higher minimum wage rate for older employees, in principle, before the Forum releases its public consultation on the minimum wage", for what reasons has she chosen to seek members' opinions and to ask the Employment Forum to consult on the minimum wage at the same time and what assessment has she made of the risk that this approach may skew any results thereby obtained?

Answer

The Minister's Proposition (P.38/2016) asks States Members to approve an amendment to the Employment Law. The reason for proposing the amendment at this time is explained in the report that the Deputy has quoted from. It states that "Jersey's minimum wage must currently be paid to all employees over school leaving age (usually age 16). If we are to consider introducing a higher rate for older employees next year, a primary law change must be made now to allow time for Privy Council assent to be granted before 1 April 2017."

If we do not make this enabling change now and the Forum recommends a higher rate for older employees in September, it is unlikely that the Employment (Jersey) Law 2003 could be amended in time to allow that new rate to be introduced on 1 April 2017. Any additional pay that employees might have received from 1 April 2017 would be delayed by the requirement for a primary law change.

There is also a second risk in delaying the debate of this amendment until the Forum's recommendation has been delivered at the end of September. If the Forum were to recommend a minimum wage system based around a new higher rate for over 25's and then in December the States rejected the enabling legislation that would permit that higher rate, this would leave the minimum wage levels for 1 April 2017 uncertain, with no time for the Forum to undertake a further review. It is more appropriate that the Forum is clear on the statutory position before its review process starts.

The Forum itself advocated this approach in last years' minimum wage recommendation commenting as follows in relation to the UK's National Living Wage'; "If the Minister intends to direct the Forum to consult on the possibility of introducing a higher minimum wage similar to the UK's premium' wage rate for over 25's, it will be important to consider first whether there is a political inclination to amend the Employment Law to permit different minimum wages to be prescribed for employees of different ages."

While the debate of this amendment will give Members a chance to express their views, if they wish, the Minister is simply asking Members to agree to introduce an enabling power that may be used in April 2017, if required, subject to the Forum's recommendations. The amendment does not require any different rates to be set for employees of different ages. However, without this amendment, such a rate cannot be considered.

The decision of the States must, therefore, inform the scope of the Forum's consultation. If Members will not contemplate a higher rate for older employees, then it would be unreasonable to ask the Forum to consult on the option and it would be unfair on respondents for the Forum to present this as an option in the consultation.

The Forum will prepare its review in May and will consult during June to August 2016. The decision of the States will be known to the Forum before it starts its review. The Minister's letter to the Forum directing this year's minimum wage review advised the Forum that this amendment to the Employment Law "will be debated by the Assembly on 24 May which should allow us to find out, before you release your consultation, whether States Members are willing to consider introducing a higher minimum wage for older employees. If States Members do not agree, then of course this would limit the scope of your consultation."

10. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING ACTION TAKEN BY THE JERSEY FINANCIAL SERVICES COMMISSION FOLLOWING THE RELEASE OF THE PANAMA PAPERS':

Question

Further to the Chief Minister's response to question 9374 during the States sitting of 12th April 2016, what action, if any, has been taken by the Jersey Financial Services Commission in line with his assurance that "appropriate action and investigation will be undertaken by the appropriate authorities" in response to the disclosures made in the Panama papers in relation to Jersey's activities?

Answer

Since the publication of the Panama Papers, as members would expect, the Jersey Financial Services Commission (JFSC) has reviewed and risk assessed any impact of the Papers on Jersey. In comparison with other jurisdictions referred to in the Papers, Jersey has a more developed regulatory environment with well documented beneficial ownership requirements.

The JFSC has outlined publicly how the register of beneficial ownership is operated and how our existing regulatory obligations ensure regulated firms identify and assess regularly who they are dealing with, and the business purposes of their clientele.

The JFSC has sought relevant information from regulated firms on any connections they can identify with Mossack Fonseca, or with any material published through the Panama Papers.

The Commission has also visited the Mossack Fonseca office in Jersey to verify that the firm's current status here as an unregulated business remains a true reflection of the activity being conducted in the Island. This has been shown to be the case.

There is a high level of awareness in regulated firms of the issues raised by the Panama Papers. This has been borne out by the speed of self-reporting of any relevant connections and demonstrates firms' high level of sensitivity to financial crime exposure and reputational risk for the Island.

It is not possible to discuss specific cases in this forum, but the JFSC is evaluating each reported incidence for any potential conduct of business concerns; suspicion of exposures to financial crime (including tax evasion as envisaged by Jersey Proceeds of Crime Legislation) or other potential problems. It should be noted that mention of Jersey among the Panama material is not automatically an indication of any misconduct by the named Jersey entities.

This case by case review has revealed no significant concerns of inappropriate conduct by Jersey financial services practitioners. However, each case will continue to be monitored and can be reviewed if any further information emerges.

The JFSC is keeping under review the need to ask industry for further database interrogation and research for any, as yet unidentified, connections to the Panama Papers. The proportionality of such an exercise must be considered in the light of the currently low level of Jersey exposures arising from the Panama material.

The JFSC believes this current process is thorough in the circumstances and stands comparison with what is known to be being adopted by counterpart regulators elsewhere.

11. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HOUSING REGARDING JERSEY'S FUTURE HOUSING NEEDS:

Question

In response to the Jersey's Future Housing Needs 2016 to 2018 Report', what targets for the creation of additional housing supply does the Minister have for 2-year, 5-year and 10-year timescales in social rental, First Time Buyer and Category B housing? Given the current and predicted housing price/earnings ratios, is it her priority to increase the affordable rental sector supply to house the population adequately, and if not, why not?

Answer

The Housing Needs Survey shows that there is still a shortfall of housing overall, although the situation has considerably improved since 2012. In order to directly address this, the recently published Housing Strategy focusses on the need for more affordable and better quality homes.

Specifically, the Housing Strategy prioritises measures to:

• Increase affordable housing supply to relieve any upward pressures on the costs of both renting and purchasing a home – with the objective of providing 1,000 new affordable units of accommodation up to 2020.

The primary policy route to delivering more homes will come from the land use policies outlined in the current Island Plan and these will deliver the following estimated supply of homes:

The additional 1137 affordable homes for rent and purchase will have a significant impact on addressing the needs of those households  seeking  more affordable rental accommodation as  identified  in the Housing Needs Survey.

The total estimated supply for the period 2016-20 is still in line to meet with the total estimated demand over this period. Furthermore, the current Housing Needs Survey demonstrates that overall levels of demand  have  dropped from those previously reported  in the 2012  survey,  which provides  further comfort for the adequacy of estimated future supply to meet the needs of the Island.

Estimating the supply of homes to meet specific housing groups for the next 10 year period is more difficult as this will need to be derived from future housing needs surveys.

In order to address these general longer term housing needs, I am working closely with the Affordable Housing Providers to encourage new sites to be identified and developed and with Jersey Property Holdings to identify additional sites for housing that may emerge from the review of the States property portfolio as they become redundant.

The Strategic Housing Unit will be working with the Environment Department and Statistics Unit on the next review of the Island Plan to identify the demand and supply of housing for the period beyond 2020.

12. DEPUTY  L.M.C. DOUBLET  OF  ST.  SAVIOUR OF  THE  MINISTER  FOR INFRASTRUCTURE  REGARDING  FUTURE  PLANS  FOR  THE  POLICE STATION SITE AT ROUGE BOUILLON:

Question

Can the Minister provide a plan of the Police Station site at Rouge Bouillon, including Summerland, detailing –

1. any listed buildings;
2. whether neighbouring properties are residential/businesses/States-owned, how many storeys high they are and if there are any outstanding planning permissions;
3. the current intended future use for each section of the site, including the categories below and any others being considered –

• car parking
• private housing

4 The estimated loss of rental units in 2017 is due to demolitions of existing housing sites which are re-developed for completion in 2019-20.

• social housing;
• States departmental use;
• open space?

Can the Minister also provide a timeline indicating what decisions need to be made about the site and when they will be made by?

Answer

The Police currently occupy two sites on Rouge Bouillon. They are one of the occupiers of the site known as the Summerland Site on the western side of the road, occupying the former Summerland knitwear factory and Broadcasting House. In addition, the Police Station and other ancillary functions are located, along with the Fire Service, in buildings on the eastern side of the road.

The location plans below identify these sites and also other Public landholdings in the area – the plans have the following colour coding:

Police and Fire Station Site:

Summerland Site:

In response to the Deputy 's specific questions:

1. The following information is recorded on listed buildings on these sites: The Summerland site holds no heritage interest.

The former Town  Arsenal, at  the Fire/Police Station site at  Rouge Bouillon  is  a  potential Listed building. Attached as Appendix A is the proposed listing schedule, including a plan of the extent of heritage interest, for information.

The Police Headquarters on this site is no longer listed, it being removed from the list in 2007 following a review where it was found not be of sufficient architectural merit warrant the maintenance of any heritage designation.

2. Buildings  owned  by  the Public  are shown  on  the  above  plans.  Neither  the  Department  for Infrastructure nor the Department for the Environment hold a dataset as to the use class split between business and residential uses nor is information on heights of surrounding buildings on adjacent plots in a readily available format.

Attached as Appendices B and C are summaries of planning and building applications in relation to:

1. Summerland site (Summerland/Thorp House/Broadcasting House, Rouge Bouillon, St Helier)
2. Police/Fire Services Site

3. The Summerland (and Ambulance HQ) site(s) are already zoned in the Revised 2011 Island Plan to support the provision of Category A affordable homes: planning permission for this purpose has been sought and, upon resolution of a Planning Obligation Agreement, the planning applications referred to above have been approved.

The current Police/Fire Station site at Rouge Bouillon has not been zoned for any other purpose in the Revised 2011 Island Plan.

In the event of any of the current uses relocating from this site and there being the potential prospect of land being surplus to the requirements of the Community and Constitutional Affairs Department, consideration will need to be given to its potential to contribute to the need for affordable homes, in accord with Policy H1 of the Island Plan and pre-amble, paras 6.97-6.99 – link below:

http://consult.gov.je/portal/adopted/pd/ip2011?pointId=1405696217906#section- 1405696217906

The Police are scheduled to take occupation of their new facility at the end of the first quarter 2017 and the other existing Summerland site occupants are on terms that can realise vacant possession of that site in this timescale.

The expectation is that the Summerland site will be developed for affordable housing in accordance with the provisions of the Island Plan. Property Holdings is in discussions with Andium Homes to seek agreement on the transfer of the site in order that Andium can progress design development in advance of the site being vacated.

As yet no decision has been made with regard to the terms of a transfer, but it is expected that the relevant information will be in place for a decision to be considered by the Minister prior to the summer recess.

Co-location of Fire and Ambulance Services on the current Police/Fire site has been proposed, which would free up the current Ambulance site for residential development in accordance with the Island Plan. Capital funding for co-location has been deferred beyond the term of the current Medium Term Financial Plan, however, JPH will undertake a feasibility study with the respective services later in 2016 to determine whether co-location on this site remains the best option.

Appendix A – Listing Schedule

PLANNING AND BUILDING (JERSEY) LAW 2002

LISTED BUILDINGS and/or PLACES Les bâtisses et endraits historique

SCHEDULE

Fire Station (Old Town Arsenal), Rouge Bouillon, St. Helier .

In amplification of the requirement of;

1. Article 51 Paragraph 3(a) to show in relation to each site included on the List which one or more of the special interests set out in paragraph (2) attaches to the site;
2. Article 51 Paragraph 3(b) to describe the site with sufficient particularity to enable it to be easily identified and;
3. Article 51 Paragraph 3(d) to specify any activity, referred to in Article 55 Paragraph (1), which may be undertaken on the site without the Minister's permission;

the following supports the Minister for Planning and Environment's view that the site known as Fire Station (Old Town Arsenal), Rouge Bouillon in the Parish of St. Helier is of special interest.

1. HER Reference
2. Special interest
3. Statement of Significance
4. Description

HE1396

Architectural, Historical

A substantial well proportioned and well built building that is a rare example of its period in Jersey. Part of the island's military history.

Stand alone building within a complex of police and fire service buildings. U shaped with two small wings on either side. Front (south) elevation: 2 storey, 9 bays to central block. Slate hipped roof, stone chimneys. Granite with dressed windows and openings. Monolithic stone stone cills and lintels, including over engine sheds. First floor windows are 12 pane (6/6) sashes with horns, most of them original. Ground floor 4 large openings for fire engines, with modern doors. 3 bay window in arched

opening. Building has been extended to the rear and most windows on the side and rear are replacements.

Ground floor engine shed has vaulted ceiling with cast iron beams. Shed has been extended to the rear. First floor offices, refurbished with the windows set in bevelled reveals the only remaining original feature.

Designed 1907 as Town Arsenal by the States Engineer, Edmund Berteau; built 1912-13. Reopened as Fire Station 1955. The four large openings on the ground floor with their enormous granite lintels (originally designed to accommodate four howitzers, four Maxim guns, 270 men and supporting equipment) now accommodate fire engines.

5. Location Plan attached
6. Restricted activities The carrying on, of any of the following activities –

(a) to carry on an activity which might injure or deface the site or part of a site

require the express prior consent of the Minister

7. Listed Status and Non-statutory  Potential Listed Building Grade 3

Grade

Plan and Photograph(s) of Fire Station (Old Town Arsenal), Rouge Bouillon, St. Helier Plan

(Primary)

Sch

14.4

14.7

13.5

n

o

l

i El

l

u Sub d o

B Sta oa ge R

u n o to

h

R rig

Le B

Police H

Photograph(s)

Appendix B – Summerland Site Search Results

Planning and Environment Department

Planning and Building Services

South Hill

St Helier, Jersey, JE2 4US

Tel: +44 (0)1534 445508

Fax: +44 (0)1534 445528

20/04/2016

ADDRESS: Summerland/Thorp House/Broadcasting House, Rouge Bouillon, St. Helier , Jersey,

In reply to your recent request in respect of the above property, the following information is provided from the records available within this office. No information is given on the adjacent properties, unless specifically stated.

Is the property listed in the Register of Buildings and Sites of Architectural, Archaeological

and Historical Importance in Jersey'? No

1. The property lies in the following zone(s) shown on the Island Plan/Town Map:

Built-Up Area

Green Backdrop Zone Regeneration Zone Town of St. Helier

2. The following road improvement line(s), approved by the States, affect this property:

None

(Prospective purchasers are advised to contact the Parish and States highway authorities in order to obtain up-to-date information on highway matters.)

3. The following Planning and Building Bye-law decisions have been issued by the Minister for Planning and Environment:

Planning Application Decisions Since 1988

Planning permission was granted in November 1992 for 'Remove existing recessed entrance door & replace on existing frontage' at 'Thorp House, Le Rouge Bouillon, St. Helier .' Application Ref.(SC/1992/1782)

Planning permission was granted in January 1993 for '1 illuminated sign' at 'Thorp House,

Le Rouge Bouillon, St. Helier .' Application Ref.(A/1992/1999)

Planning permission was granted in May 1993 for 'Change of use from offices to indoor bowling centre' at 'Thorp House, Le Rouge Bouillon, St. Helier .' Application Ref.(CU/1993/0332)

The following condition was amongst those attached to the approval:

Permission is granted only for the change of use of the building and not for any external alterations, which are to be the subject of a separate application.

Planning permission was granted in February 1994 for 'Remove existing offices and administration from ground floor to first floor. Extend retailing area on ground floor and form new entrance and canopy with provision of ramp facilities for wheelchairs' at 'Thorp House, Le Rouge

Bouillon, St. Helier .' Application Ref.(D/1994/0014)

The following condition was amongst those attached to the approval:

The proposed retail floor space shall be deemed to be ancillary to the principle use of the

property as a manufacturing unit.

Planning permission was granted in May 1994 for '1 non-illuminated sign' at 'Thorp House, Le Rouge Bouillon, St. Helier .' Application Ref.(A/1994/0607)

Planning permission was granted in February 1995 for 'Change use of staff canteen to include cafe facility for retail area.' at 'Thorp House, Le Rouge Bouillon, St. Helier .' Application Ref.(CU/1994/2008)

The following condition was amongst those attached to the approval:

The cafe facility shall be ancillary to the retail area, to the principle use of the property as a manufacturing unit.

Planning permission was granted in August 1995 for 'Erect 4 flagpoles to front elevation at 1st floor level.' at 'Thorp House, Le Rouge Bouillon, St. Helier .' Application Ref.(SC/1995/0674) The following condition was amongst those attached to the approval:

That the proposed flagpoles shall not exceed in height the existing roof line.

Planning permission was granted in June 1996 for 'Install toilet facilities for disabled' at 'Thorp House, Le Rouge Bouillon, St. Helier .' Application Ref.(D/1996/0561)

Planning permission was granted in June 1999 for 'Install air conditioning unit to outside wall in car park.' at 'Thorpe House, Le Rouge Bouillon, St. Helier .' Application Ref.(SW/1999/1312)

Planning permission was granted in December 2000 for 'Relocation of part of the Police Headquarters to include internal and external alterations.' at 'Summerland Factory and shop, Le Rouge Bouillon, St. Helier .' Application Ref.(PB/2000/2110)

Planning permission was granted in November 2002 for 'RETROSPECTIVE: Erect security fence on factory roof.' at 'Summerland Factory and shop, Le Rouge Bouillon, St. Helier .' Application Ref.(SP/2002/2750)

Planning permission was granted in March 2003 for 'Change of use to joint emergency services vehicle workshop' at 'Thorpe House, Le Rouge Bouillon, St. Helier .' Application Ref.(PB/2003/0226)

Planning permission was granted in February 2008 for 'Change of use from joint emergency services workshop to dry storage.' at 'Thorp House Warehouse, Le Rouge Bouillon, St. Helier.' Application Ref.(P/2007/2937)

The following conditions were amongst those attached to the approval:

The change of use hereby approved is permitted for a period of 5 years and shall cease on or before 12th February 2013.

The use hereby permitted shall be for storage purposes only and no manufacturing or other processes shall take place on the premises.

No outside storage or display of materials, waste, machinery or vehicles shall take place on the site, unless otherwise agreed in writing with the Minister for Planning and Environment.

Notwithstanding the provisions of Article 10 of the Planning & Building (Display of Advertisements) (Jersey) Order, 2006, no advertisements are to be displayed on the premises the subject of this application, without an application having been submitted to and permitted by the Minister for Planning and Environment.

Planning principle permission was granted in April 2016 for 'Demolish existing buildings. Construct 85 No. apartments for social housing, 9 No. townhouses and 72 No. semi-basement car parking spaces with associated ancillary storage and plantrooms. (EIA SUBMITTED). AMENDED PLANS: Various alterations including a reduction in scale, now comprising a total of 80 apartments and 7 townhouses. (EIA UPDATED).' at ' , Summerland Factory, Broadcasting House and Thorpe House, Rouge Bouillon, St. Helier.' Application Ref.(PP/2012/0832)

The following conditions were amongst those attached to the approval:

Prior to the commencement of development, a Phasing Plan shall be submitted to and agreed in writing by the Department of the Environment to demonstrate the phasing of the development works.

As part of the Reserved Matters application, written confirmation that the refuse storage and collection arrangements have been agreed to the satisfaction of the Parish of St Helier, including a refuse separation and recycling strategy, is to be submitted to the Department of the Environment, to be thereafter implemented in full prior to first occupation and maintained in perpetuity thereafter.

Notwithstanding the information on the submitted plans, as part of the Reserved Matters application, full details of the proposed foul and surface water drainage shall be submitted to, and approved in writing by, the Department of the Environment, in consultation with TTS Drainage, to be thereafter implemented in full prior to first occupation and maintained in perpetuity thereafter.

Prior to the commencement of development, a Demolition / Construction Environmental Management Plan (D/CEMP) shall be submitted to, and agreed in writing by, the Department of the Environment. The D/CEMP shall thereafter be implemented in full until the completion of the development and any variations agreed in writing by the Department prior to such work commencing. The Plan shall include an implementation programme of mitigation measures to minimise any adverse effects of the proposal, and shall include, but is not limited to;

1. a demonstration of best practice in relation to noise and vibration control; and control of dust and emissions (such as noise and vibration, air, land and water pollution);
2. details of a publicised complaints procedure, including office hours and out-of- hours contact numbers;
3. specified hours of working (to include that work which would result in noise being heard outside the application boundary occurs only between 8am and 6pm Monday to Friday, and 8am to 1pm on Saturdays, with no noisy working outside these times, and no noisy work on Bank or Public Holidays);
4. details of any proposed crushing / sorting of waste material on site;details of the proposed management of traffic and pedestrians (to include for vehicle wheel washing); and
   5. measures taken to detect and manage any asbestos.

Unless otherwise agreed in writing by the Department of the Environment, any externally audible plant or equipment must comply with a noise rating (NR) of NR 40 daytime and NR 30 night time, measured 1 metre from the facade of the nearest affected residential unit. All equipment must be acoustically mounted to prevent vibration and structure borne noise transmission to adjacent premises.

Unless otherwise agreed in writing by the Department of the Environment, all external lighting must be erected and directed in accordance with the Institution of Lighting Engineers Guidance Notes for the Reduction of Light Pollution 1994 (revised) as applicable to an area of medium district brightness.

Prior to the commencement of development, an Ecological Report shall be submitted to and approved in writing by the Department of the Environment. The methodology for the Report shall first have been agreed in writing by the Department of the Environment, and shall include survey for protected species, in particular bats and seagulls, including consideration of habitat and potential mitigation works. The recommendations of the Report shall be implemented in full prior to first occupation and maintained in perpetuity thereafter.

Notwithstanding the submitted information, as part of the Reserved Matters application, a scheme setting out the allocation of the car parking spaces and cycle storage spaces to individual apartments shall be submitted to and approved in writing by the Department of the Environment, to be implemented in full prior to first occupation and maintained in perpetuity thereafter. For the avoidance of doubt, there shall be no car parking by commuters or non- residents other than persons visiting residents. Car parking shall not to be sub-let or reassigned to non-residents of the development.

Notwithstanding the submitted information, as part of the Reserved Matters application, full details of the design of the vehicle access ramp into the basement carpark (which takes into account the proximity of the nearby pelican crossing) shall be provided.

Notwithstanding the conclusions reached within the Phase 1 Desktop Study (report no. 1087-05), should any contamination be found during the approved development, work shall cease and the Department of the Environment contacted immediately. If contamination is identified, the levels of potential contaminants in the ground shall be investigated and any risks to human health or the wider environment assessed and mitigation measures proposed in a scheme, to be submitted to and approved in writing by, the Department of the Environment, in consultation with Environmental Protection and Environmental Health and in accordance with the requirements of Supplementary Planning Guidance Planning Advice Note 2 - 'Development of Potentially Contaminated Land' as amended. In addition, the possibility of ground-gas being present on site must be fully explored, and, if necessary, an appropriate remediation programme will need to be agreed with the Department.

Prior to the first occupation of any part of the development hereby approved, a completion report and contaminated land completion certificate, endorsed by the interested party / parties, demonstrating completion of the works and the effectiveness of any remediation set out in the approved scheme, as required under Condition no. 10 above, shall be submitted to and approved in writing by the Department of the Environment. Where required by the Department, the completion report shall also include a plan for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action and for the reporting of this to the Department of the Environment.

As part of the Reserved Matters application, the development hereby permitted shall not be commenced until there has been submitted to and approved in writing by the Department of the Environment, a scheme of hard and soft landscaping which shall provide details of the following;

1. all existing trees, hedgerows and other plants, walls, fences and other features which it is proposed to retain on the site and on adjoining land within the same ownership (very careful consideration must be given to the presence on the site of a number of trees which are protected by Tree Preservation Orders);
2. the position of all new trees and/or shrubs, this must include the species of plant(s)/tree(s) to be planted, their size, number and spacing and the means to be used to support and protect them;
3. other landscape treatments to be carried out or features to be created, for example, any excavation works, surfacing treatments, or means of enclosure;
   4. the measures to be taken to protect existing trees and shrubs; and,
   5. the arrangements to be made for the maintenance of the landscaped areas.

All planting and other operations comprised in the landscape scheme hereby approved shall be completed prior to first occupation of any element of the development.

A Percentage for Art contribution must be delivered in accordance with the Percentage for Art Statement submitted to, and approved by, the Department of the Environment. Precise details relating to the exact form which the contribution will take must be submitted and approved, prior to the commencement of the development hereby approved. Thereafter, the approved work of art must be installed prior to the first use / occupation of any part of the development hereby approved.

Notwithstanding the indications on the approved plans, prior to the commencement of the development of the above-basement superstructure, full details (including samples) of all external materials to be used to construct the development shall be submitted to and approved in writing by the Department of the Environment to be thereafter implemented prior to first occupation and maintained in perpetuity.

Unless otherwise agreed in writing, prior to the commencement of the development of the above- basement superstructure, a scheme for the provision of electric car charging points shall be submitted to and approved in writing by the Department of the Environment, to be thereafter implement in full prior to first occupation.

As part of the Reserved Matters application, full details the low-carbon initiatives and on-site renewable energy technologies to be incorporated within the scheme, shall be submitted to, and approved in writing by, the Department of the Environment.

Thereafter, the agreed details shall be implemented in full prior to first occupation of the development and retained in perpetuity.

Prior to the commencement of any development on site, a Project Design shall be submitted to and approved in writing by the Department of the Environment. The Project

Design shall comprise an archaeological watching brief for the duration of the works hereby approved, with provision to record significant remains and post evaluation reporting and once approved in writing, shall be implemented at the applicant's expense in accordance with the approved mitigation scheme. Should there be any unexpected significant finds during the remediation and other ground works, work shall cease on site and the Department of the Environment shall be notified immediately to allow for proper evaluation of such finds.

As part of the Reserved Matters application, a detailed noise assessment must be submitted to, and agreed in writing by, the Department of the Environment, in consultation with Environmental Protection and Environmental Health. As part of this assessment, the applicant must demonstrate how internal noise levels will be achieved which are suitable for residential property (in line with relevant codes and standards). As part of the Reserved Matters application, a detailed air quality assessment (including appropriate mitigation measures if necessary) must be submitted to, and agreed in writing by, the Department of the Environment, in consultation with Environmental Protection and Environmental Health. As part of this assessment, the applicant must demonstrate how air quality standards will be achieved which are suitable for residential property (in line with relevant codes and standards).

Building Bye-Law Application Decisions Since 1988

Building permission was granted in November 1992 for 'Remove existing recessed entrance door & replace on existing frontage' at 'Thorp House, Le Rouge Bouillon, St. Helier .' Application Ref.(SC/1992/2341/)

Work was completed in December 1992

Building permission was granted in February 1994 for 'Remove existing offices and

administration from ground floor to first floor. Extend retailing area on ground floor and form new entrance and canopy with provision of ramp facilities for wheelchairs' at 'Thorp House, Le Rouge Bouillon, St. Helier .' Application Ref.(B/1994/0023/)

Work was completed in September 1994

Building permission was granted in June 1996 for 'Install toilet facilities for disabled' at 'Thorp House, Le Rouge Bouillon, St. Helier .' Application Ref.(B/1996/1258/)

Work was completed in April 1997

Building permission was granted in June 1999 for 'Install air conditioning unit to outside wall in car park.' at 'Thorpe House, Le Rouge Bouillon, St. Helier .' Application Ref.(SW/1999/1384/) There is no record of commencement and the permit has since expired.

Building permission was granted in December 2000 for 'Relocate part of Police Headquarters to include internal and external alterations.' at 'Summerland Factory and shop, Le Rouge Bouillon, St. Helier.' Application Ref.(PB/2000/2272/)

Work was completed in March 2013

Building permission was granted in October 2001 for 'RETROSPECTIVE: Various internal alterations.' at 'Broadcasting House, Le Rouge Bouillon, St. Helier .' Application Ref.(R/2001/1350/)

Building permission was granted in December 2001 for 'Internal alterations to form WC and staff area within ware house.' at 'Thorp House, Le Rouge Bouillon, St. Helier .' Application Ref.(B/2001/1362/)

Work was completed in March 2003

Building permission was granted in May 2003 for 'Minor alterations to existing building to create workshop with storage ' at 'Thorpe House, Le Rouge Bouillon, St. Helier .' Application Ref.(PB/2003/0114/)

There is no record of commencement and the permit has since expired.

The Minister for Planning and Environment accepts no responsibility for the accuracy of any information given, statement made, or opinion expressed in this letter, or for any actions taken in reliance thereon.

Note: Article 40(1) of the Planning & Building Law only allows the serving of an enforcement notice to remedy a breach of the Planning & Building Law which has occurred in the previous eight years.

Appendix C – Police / Fire Search Results

Planning and Environment Department

Planning and Building Services

South Hill

St Helier, Jersey, JE2 4US

Tel: +44 (0)1534 445508

Fax: +44 (0)1534 445528

20/04/2016

ADDRESS:  Police Headquarters/Fire Station, Rouge Bouillon, St. Helier , Jersey

In reply to your recent request in respect of the above property, the following information is provided from the records available within this office. No information is given on the adjacent properties, unless specifically stated.

1. Is the property listed in the Register of Buildings and Sites of Architectural, Archaeological and Historical Importance in Jersey'?

No

2. The property lies in the following zone(s) shown on the Island Plan/Town Map:

Built-Up Area

Primary Route Network

Regeneration Zone Town

of St. Helier

Tree Preservation Order TP/2009/0024

3. The following road improvement line(s), approved by the States, affect this property:

None

(Prospective purchasers are advised to contact the Parish and States highway authorities in order to obtain up-to-date information on highway matters.)

4. The following Planning and Building Bye-law decisions have been issued by the Minister for Planning and Environment:

Planning Application Decisions Since 1988 Police Headquarters

Planning permission was granted in November 1990 for 'Underpinning of existing wall and construction of new mezzanine floor, including forming access to existing building and the construction of a new fire escape' at 'Police Headquarters, Le Rouge Bouillon, St. Helier .' Application Ref.(D/1990/1430)

Planning permission was granted in January 1992 for 'Refurbishment of existing reception area. Extension to form waiting room and formation of squad room in existing internal yard' at 'Police Headquarters, Le Rouge Bouillon, St. Helier .' Application Ref.(D/1991/1274)

Planning permission was granted in October 1992 for 'Refurbishment of existing reception area. Extension to form waiting room and formation of offices in existing internal yard. Minor internal alterations to existing offices. REVISED PLANS:Window added to south elevation' at 'Police Headquarters, Le Rouge Bouillon, St. Helier .' Application Ref.(D/1992/0888)

Planning permission was granted in July 1994 for 'Construct first floor extension to west elevation to form new offices' at 'Police Headquarters, Le Rouge Bouillon, St. Helier .' Application Ref.(P/1994/0924)

The following conditions were amongst those attached to the approval:

As part of the development application, details of the materials to be used externally shall be submitted to, and approved by, the Planning and Environment Committee.

None of the existing trees shall be lopped or topped without the prior consent of the Island Development Committee.

All windows and doors on the north elevation shall be fitted with obscure glazing.

Planning permission was granted in January 1997 for '1 new non-illuminated hoarding' at 'Police Headquarters, Le Rouge Bouillon, St. Helier .' Application Ref.(A/1996/2147)

Planning permission was refused in January 2002 for 'Increase size of vehicular access to Le Rouge Bouillon and relocate sign' at 'Police Headquarters, Le Rouge Bouillon, St. Helier .' Application Ref.(P/2001/2389)

The following condition was amongst those attached to the refusal decision notice: The proposal fails to comply with Public Services Highways requirements for highway safety.

Planning permission was granted in January 2007 for 'Installation of 1 no. wall mounted pole, 1 no. antennae & 1 no. equipment cabinet.' at 'Police Headquarters, Rouge Bouillon, St. Helier.' Application Ref.(S/2006/2277)

The following conditions were amongst those attached to the approval:

An ACOND Letter was issued for this application. Please see the enclosed copy of the letter for details.

The development hereby permitted is temporary and shall cease on or before the 8th January 2008 and the land restored to its former condition unless the post commissioning test is completed and the relevant measurements are in accordance with the ICNIRP certificate submitted, to the satisfaction of the Minister for Planning and Environment.

The permission hereby granted is for a temporary period of 12 months in the first instance. In the event that the Minister for Health and Social Services, during that 12 month period, should change his policy on the safety of telecommunication installations to the effect that they constitute a

danger to the public nearby, the Minister for Planning and Environment will review the permission and may require the installation to be removed within a period of 3 months of the Minister for Health and Social Service's change of policy. Should the Minister for Health and Social Service's policy not change within 12 months, this permission will have permanent effect.

Building Bye-Law Application Decisions Since 1988

Building permission was granted in November 1990 for 'Underpinning of existing wall and construction of new mezzanine floor, including forming access to existing building and the construction of a new fire escape' at 'Police Headquarters, Le Rouge Bouillon, St. Helier .' Application Ref.(B/1990/2562/)

Work was completed in October 1994

Building permission was granted in January 1992 for 'Refurbishment of existing reception area. Extension to form waiting room and formation of squad room in existing internal yard' at 'Police Headquarters, Le Rouge Bouillon, St. Helier .' Application Ref.(B/1991/2530/)

There is no record of commencement and the permit has since expired.

Building permission was granted in October 1992 for 'Refurbishment of existing reception area. Extension to form waiting room and formation of offices in existing internal yard. Minor internal alterations to existing offices. REVISED PLANS: Window added to south elevation' at 'Police Headquarters, Le Rouge Bouillon, St. Helier .' Application Ref.(B/1992/2003/)

Work was completed in September 1995

Building permission was granted in February 2001 for 'Internal alterations. Enlarge reception area by removal of interview room and make opening in wall for internal glazed light. Replace part of glazed screen in entrance lobby with solid wall.' at 'Police Headquarters, Le Rouge Bouillon, St. Helier .' Application Ref.(B/2001/0243/)

Work was completed in January 2002

Building permission was granted in July 2002 for 'Internal alterations & refurbishment to accommodate Fire Service Offices &Watch Quarters in parts of the building vacated by Police Dept' at 'Police Headquarters, Le Rouge Bouillon, St. Helier .' Application Ref.(B/2002/0266/) Work was commenced in August 2002 and there is no record of completion.

Fire Station

Planning permission was granted in February 1989 for 'Extend existing garage, construct 1st floor office extension over garage with external lift' at 'Fire service Yard, Le Rouge Bouillon, St. Helier .' Application Ref.(P/1989/0122)

The following condition was amongst those attached to the approval:

The north west elevation of the proposed offices over the existing garages shall be finished

in external materials to match the adjacent building to the south.

Planning permission was granted in January 1990 for 'Alter and extend existing garage: build offices over garage with external lift' at 'Fire service Yard, Le Rouge Bouillon, St.

Helier.' Application Ref.(D/1989/1683)

The following condition was amongst those attached to the approval:

That the north-west elevation of the proposed offices over the existing garages shall be finished in external materials to match the adjacent building to the south.

Planning permission was granted in April 1991 for 'Two portacabins to be sited temporarily in parking area of Fire Station Yard for use as storage' at 'Fire Service Headquarters, Le Rouge Bouillon, St. Helier.' Application Ref.(SC/1991/0596) The following condition was amongst those attached to the approval:

That the approval is given for 6 months only.

Planning permission was granted in January 1996 for 'Construct heat training room.' at 'Fire Service Headquarters, Le Rouge Bouillon, St. Helier .' Application Ref.(D/1995/1097)

Planning permission was granted in April 2002 for 'Replace existing internally located standby generator with new generator in external position.' at 'Fire Service Headquarters, Le Rouge Bouillon, St. Helier .' Application Ref.(P/2002/0874)

Planning permission was granted in July 2010 for 'Erect memorial wheel' at 'States of Jersey Fire and Rescue Service Headquarters, Rouge Bouillon, St. Helier .' Application Ref.(P/2010/0508)

The following conditions were amongst those attached to the approval:

The development hereby approved shall be carried out entirely in accordance with the plans and documents permitted under this permit. No variations shall be made without the prior written approval of the Minister for Planning and Environment.

Notwithstanding the information on the approved drawings, the memorial wheel shall be attached with chemically fixed bolts drilled into the mortar joints only and not into the face of the stone.

Building Bye-Law Application Decisions Since 1988

Building permission was granted in January 1990 for 'Alter and extend existing garage: build offices over garage with external lift' at 'Fire service Yard, Le Rouge Bouillon, St. Helier .' Application Ref.(B/1989/2882/)

Work was completed in October 1994

Building permission was granted in April 1991 for 'Two portacabins to be sited temporarily in parking area of Fire Station Yard for use as storage' at 'Fire Service Headquarters, Le Rouge Bouillon, St. Helier.' Application Ref.(SC/1991/0789/) Work was completed in September 1991

Building permission was granted in January 1996 for 'Construct heat training room.' at 'Fire Service Headquarters, Le Rouge Bouillon, St. Helier .' Application Ref.(B/1995/2451/)

Work was completed in January 1997

Building permission was granted in September 2000 for 'Install new Clyde Combustion model

CK40 oil fired boiler and new 10,000 litre PVC oil tank.' at 'Fire Service Headquarters, Le Rouge Bouillon, St. Helier.' Application Ref.(SW/2000/1976/) Work was completed in January 2001

Building permission was granted in December 2012 for 'Install boiler' at 'Fire Station, Rouge Bouillon, St. Helier .' Application Ref.(CS/2012/0788/)

There is no record of this work having commenced and the permit is valid for

commencement until December 2017

The Minister for Planning and Environment accepts no responsibility for the accuracy of any information given, statement made, or opinion expressed in this letter, or for any actions taken in reliance thereon.

Note: Article 40(1) of the Planning & Building Law only allows the serving of an enforcement notice to remedy a breach of the Planning & Building Law which has occurred in the previous eight years.

3. Oral Questions

1. Deputy R.J. Renouf of St. Ouen of the Minister for Social Security regarding the potential introduction of a differential rate for the minimum wage based on age:

With regard to the proposed Employment (Amendment No. 10) (Jersey) Law 201- (P.38/2016), what risk is there that, in asking Members to approve the potential introduction of a differential rate for the minimum wage based on age, the timing of that decision could pre-empt the outcome of any public consultation process by the Employment Forum?

Deputy S.J. Pinel of St. Clement (The Minister for Social Security):

Just to be clear for Members, the proposition P.38, does not ask Members to approve different minimum wage rates based on age. I am bringing this amendment now rather than after the Forum's recommendation in September because Privy Council must approve any primary law change. This takes time. It is vital that we debate the enabling power now so that if the Forum recommends a higher rate for older employees they will be entitled to their pay rise from 1st April next year. Without this enabling power it would be inappropriate for the Forum to consult on a higher minimum wage for older employees. The States decision will inform the scope of the Forum's consultation. It is essential that the Forum is clear on this now before the minimum wage review starts.

1. The Deputy of St. Ouen :

Why is it therefore that in the proposition the Minister states: "The debate of this draft law will provide an opportunity for States Members to demonstrate whether they support a move to a higher minimum wage rate for older employees in principle before the Forum releases its public consultation on the minimum wage? What is the difficulty or why does the Minister not wish this Assembly to have the benefit of the public consultation and the recommendations of the Forum before the Assembly is asked to make that decision? Why is there a rush to do these things before April next year?

Deputy S.J. Pinel:

I have given the timings and the reasons why we want to debate this amendment in a much fuller answer in the written question, which is similar, that Deputy Southern has put in. So there is that information for Members. When we debate the amendment I will ask Members to consider not the question of whether there should be a higher rate for older employees but whether this is an option that we should at least have the opportunity to explore and that we should ask the Forum to consult on.

2. Deputy S.W. Mézec of St. Helier :

Does the Minister for Social Security see the irony in lodging this proposition to pave the way for what is essentially discrimination against young people based on their age on the same day that she lodged the draft age discrimination legislation?

Deputy S.J. Pinel:

No, I do not see the irony. The other aspect of the timing of this is that we always or businesses rely on us to give them 6 months' notice of any change of rates. So if we need to be able to put into force the Employment Forum's recommendations, which come forward in October, we will need this empowering employment law change in order to implement it within that 6 months that businesses require by 1st April 2017.

3. Deputy G.P. Southern of St. Helier :

Can the Minister explain to Members in simple terms what consultation is for? My experience of consultation is that a body, like the Forum, goes and talks to interested stakeholders and then comes back to this body with a recommendation and this Minister has to accept or reject that recommendation. Why is she doing a different process this time?

[9:45]

Deputy S.J. Pinel:

It is not a different process; it is exactly the same as it always has been. The Forum starts consulting now with, as the Deputy said, interested stakeholders, to come back with a recommendation to the Minister for Social Security in September, which the Minister either rejects or accepts, and then brings it to the Assembly.

4. Deputy G.P. Southern :

Is it not appropriate then that the advice of the Forum, which is there to give advice to us and to the Minister, the arguments are not heard before we make our mind up blind on the principle of raising or lowering the minimum wage on the basis of age?

Deputy S.J. Pinel:

As the Deputy knows, and I have mentioned many times in the Assembly before, the Forum consists of a very independent, professional group of people who advise and consult on this matter every single year and come back to the Minister, as I have already said.

5. Deputy M. Tadier of St. Brelade :

Would the Minister explain why in the past and up until now - including now - the Forum has never come forward with the suggestion of a youth rate, indeed it has opposed it, but it has supported the trainee rate?

Deputy S.J. Pinel:

I can assure Members that I do not intend to use this as an opportunity to introduce a youth rate that is lower than the current minimum wage because we have 2 trainee rates: a first-year trainee rate and a second-year one.

6. Deputy M. Tadier :

Would the Minister not agree that the States only this year in January agreed that we should investigate a higher minimum wage or a living wage and that by introducing another element, which this Assembly has never debated, just purely off her own whim one could argue, is going against the spirit of what this Assembly has asked for and conflates the 2 issues?

Deputy S.J. Pinel:

The Assembly requested that the Employment Forum investigate the possibility of a premium wage, which is comparable to the national living wage of £7.20, and that is exactly what I have directed the Forum to look into and consult on. At the moment the national living wage applies to people only over 25 whereas the minimum wage in Jersey of £6.97 is for all people from compulsory school leaving age, 16 years and over.

7. The Deputy of St. Ouen :

In bringing forward the proposition the Minister is asking the Assembly to pass into law an act of discrimination on the grounds of age. Now apart from the 4 brief paragraphs in the proposition, which are largely procedural, can the Minister tell the Assembly what material she intends to put before the Assembly in advance of the debate in order to inform our debate?

Deputy S.J. Pinel:

It hardly can be described as an act of discrimination. It is merely changing the regulations to allow the recommendations of the Forum should they suggest that there should be a premium rate wage for people aged 25 and over, that that can be passed into law in good time for businesses to accept it, as I have already explained, and the timing is very clearly written out in the written answer to Deputy Southern 's question.

The Deputy of St. Ouen :

I do not believe that answered my question as to what further material the Minister could put before the Assembly to inform our debate.

The Deputy Bailiff :

The Minister has given the answer that she has given in the circumstances, Deputy . That was the final supplementary. She will be judged on her answer.

2. Deputy  G.P. Southern  of the  Minister for Housing  regarding measures in  place to reduce housing poverty in the Island:

What measures, if any, are in place to reduce housing poverty in the Island?

Senator I.J. Gorst (The Chief Minister - rapporteur):

As Members know, the Minister for Housing is out of the Island, so it falls to me. The Housing Strategy prioritises more affordable and better quality homes. We expect to provide more than 1,000 new affordable homes over the next 5 years. We are supporting economic growth, which is creating new jobs and raising household incomes, and Income Support is providing fair and sustainable levels of assistance for those who need it. We also need to focus on the quality of homes because better quality homes mean better living standards. We are investing in social housing so that all homes meet the decent homes standard and we are introducing new legislation to improve the quality of all rented accommodation.

1. Deputy G.P. Southern :

Yet again the Chief Minister, this time, does not answer the question. The question was about housing poverty and the proportion of household income that goes on rent. The definition, according to the Minister, is that it is spending more than 30 per cent of their gross income on housing costs. What policy does the Chief Minister have in place to bring down the proportion of gross income spent on rental, if any?

Senator I.J. Gorst :

He knows - I am assuming he has read the Housing Strategy - and I have just listed at least 4 policies to do just that.

2. Deputy M. Tadier :

Does the Minister accept that simply building housing is not going to address the issue of housing poverty? Firstly, because we cannot build enough houses quick enough when we have got a population policy which is out of control and which the Council of Ministers themselves have done absolutely nothing to bring forward?

Senator I.J. Gorst :

If that was the only policy I was promoting I would agree with the Deputy that simply building more houses is not going to alleviate the issue, which the Income Distribution Survey highlighted. But that was not the only policy. There are a number of policies which are going to help over the medium term.

3. Deputy M. Tadier :

Does the Minister not accept that what we need to do is bring down the cost, in particular of housing in the rental sector right across the board, whether that is for qualified or unqualified? Because it is unacceptable that people work on an increasingly low wage compared to the cost of living and that money is going straight out of their pockets, in many cases, to the back pockets of multiple landlords.

Senator I.J. Gorst :

Perhaps finally we get to the point that the Deputy and the questioner is trying to raise, whether we will introduce rent controls, because that seems to be the implication of his question. The answer to that is no. I recommend to the questioner R.87/2015, which from an economic perspective, which is what we need to consider, rent controls have been shown elsewhere to reduce the availability and the quality of rental accommodation. The 2 very policy aims that we are trying to correct. We are trying to increase the availability and improve the quality.

4. Deputy A.D. Lewis of St. Helier :

Jersey has one of the lowest levels of home ownership in the western world. What is the Council of Ministers doing about alleviating this because later in life is when people get trapped in rent poverty because they cannot simply afford the rent when they have no income or less income? Obviously achieving higher rates of ownership in the earlier years will alleviate that. What is the Council of Ministers doing to mitigate that situation?

Senator I.J. Gorst :

The Deputy will know from the Housing Strategy that that is one of the aims of the Housing Strategy, and that falls not only in the Housing Department but the delivery arm into the Treasury Department under the stewardship of the Connétable of St. Peter, and that is around delivering further units; some of those on States-owned sites, delivered by the States of Jersey Development Company. The policies in this area are aligned and they are aiming to do just that, improving the availability and quality in the rental sector but also encouraging individuals to buy and we can help to do that by the supply of affordable housing and looking at various mechanisms in which to encourage that.

5. Deputy G.P. Southern :

The figures from the Housing Affordability Report 2013, referring to 2012, reveal that a third of people in social rental are in housing stress and that over a half in private rental are in housing stress. Does the Minister consider that his policy of setting social rents at 90 per cent of private rents and his policy of driving up rents by R.P.I. (Retail Price Index) plus 0.75 has increased those figures today?

Senator I.J. Gorst :

We have discussed a number of times the numbers coming out of the Income Distribution Survey, if not the household living figures, and there are a number of areas there connected with interest rates, connected with the economic downturn. But the policy around social housing moving to 90 per cent of market rate, which was agreed only, I think, in 2014 by this Assembly, it will be kept under review to see if there are other unintended consequences. Currently we know that the figure has moved from I think it is around 73 per cent back in 2013 to 76, paying out the 90 per cent in 2015. So it is difficult to suggest, as the Deputy tries to, that there is a great correlation between those 2 figures. But it will be kept under review.

The Deputy Bailiff :

Sorry, there is no supplementary to a final supplementary, Deputy .

3. Deputy M. Tadier of the Minister forTreasuryand Resources regarding revenues from the tax amnesties:

Will the Minister provide a breakdown of the sources of the additional £1.4 million in tax revenues that resulted from the last tax amnesty and indicate how much revenue is expected to be collected from the current tax amnesty, along with its sources?

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

I signalled in Budget 2016 my intention to provide a tax disclosure opportunity in 2017. The previous disclosure took place from December 1998 to February 1999. During this period approximately 360 taxpayers approached the Taxes Office paying around £1.4 million in extra tax. The available records from that time are limited however the Comptroller tells me that just over half of the extra tax related to undeclared interest from Jersey bank accounts. I do not intend to set a particular revenue target for the proposed 2017 tax disclosure but I would stress that this will be the last opportunity for disclosure to be made about any previous errors or omissions before I ask this Assembly to support proposals to strengthen a number of aspects of our current tax law.

1. Deputy M. Tadier :

It will be interesting to see whether the interest revenues are quite so high on this occasion. I suspect not. But could the Minister explain whether he envisages the bulk of the future or the current amnesty to bring in revenues primarily from companies or from personal income tax?

Senator A.J.H. Maclean:

First of all, I should clarify that it is not an amnesty. It is a tax disclosure opportunity. It does not mean that individuals or companies get off paying tax; it is an opportunity to bring their tax affairs into order before we seek to bring some legislation to strengthen the current tax legislation. In terms of who this will be applicable to. The exact terms are being worked up by the Taxes Office at the moment so I will come back to Members with more details in due course. The intention is that it will cover both corporates that are applicable for tax and individuals as well.

2. Deputy G.P. Southern :

Will the Minister give us a breakdown of where the other 50 per cent of taxes came from, apart from interest undeclared on bank accounts?

Senator A.J.H. Maclean:

As I said in my opening remarks, having talked to the Taxes Office about this matter, records from 1998, 1999 are not as good as they perhaps should be. We have been able to establish that over half has come from interest, as I have mentioned. I will happily go back and see if we can obtain further information to assist both the Deputy and other Members regarding his question.

3. Deputy G.P. Southern :

Could the Minister for Treasury and Resources focus particularly on the object of what are many rulings from the Comptroller of Income Tax on the transfer of revenue into capital gains and perhaps having to adjudicate on that issue?

Senator A.J.H. Maclean:

I will certainly ask the feasibility of adhering to the question that the Deputy has put and come back to him.

4. Deputy S.Y. Mézec :

Will this be an opportunity for employees to declare taxable benefits in kind that they receive from their employer that they did not declare before like, for example - and this is just off the top of my head - perhaps a cheap holiday they got because of the air miles they accrued when they were on work business?

[10:00]

Senator A.J.H. Maclean:

I really do not feel a comment is necessary for such a question. But clearly any admissions that individuals can bring to the attention of the Taxes Office to correct their tax affairs and bring them into order.

5. Deputy M. Tadier :

I think there are still a lot of questions unanswered. It would be nice to know, and perhaps the Minister can address this in the final answer, what the real driver is for this. It seems to me that it is not a bad idea to do this. It is something which we could perhaps do every year, although that might be slightly strange if we did it every year. But it would be good to know where he thinks the revenues will come from and whether he has got something to go on or whether this is just a fishing expedition to see whether it brings in any additional taxes.

Senator A.J.H. Maclean:

This is not about specifically driving additional revenue. I have made this clear both in the comments I have made this morning and previous media comments that I have made on this subject. Why we are doing this is quite simply giving individuals and companies the opportunity to bring their affairs into order. In many cases there are innocent omissions that have occurred. In some cases less innocent. In either event it is an opportunity for individuals to bring their affairs up to order before we seek to strengthen the tax code to ensure that in the future those that are due to pay their fair amount do indeed do so, the right sanctions and penalties are in place, and indeed equally that those that are undertaking their affairs efficiently and quickly and paying their dues perhaps even get rewarded. So we want to get a more modern suite of tools for the benefit of the Taxes Office to ensure that we, in the future, generate the revenue that we should. Simple as that.

4. Deputy P.D. McLinton of St. Saviour of the Minister for Environment regarding provision for making it illegal to fail to report having struck a cat with a vehicle:

Further to the statement of the Minister for Infrastructure on 3rd November 2015 that he would work with the Minister for Environment to bring a provision into the Animal Welfare Law to make it illegal to strike a cat with a vehicle of any description and not report it to a recommended body or organisation, what progress, if any, has the Minister made towards the drafting of legislation to date?

Deputy S.G. Luce of St. Martin (The Minister for Environment):

Following the Deputy 's question to the Minister for Infrastructure in November last year a meeting was held between Ministers, interested parties and the Deputy . At this meeting we concluded that sufficient protection existed for all domestic animals, including cats, from cruelty under the Animal Welfare (Jersey) Law 2004. Consequently I am not progressing any change to the Animal Welfare Law. However the Deputy will also recall that when we met the Minister for Infrastructure did agree to explore an amendment to the Road Traffic (Jersey) Law 1956 to require car drivers to report accidents involving cats to the police. I believe officers of the Department of Infrastructure have discussed this matter with the Law Draftsman and with the States of Jersey Police. I am further informed that they intend to consult with the Comité des Connétable s and the Comité des Chefs de Police, and I believe the Minister for Infrastructure will then be in a position to consider what changes to legislation he may wish to make, and I am sure the Minister will bring this matter before the States Assembly as soon as he can.

1. Deputy P.D. McLinton:

I am not entirely sure I remember any agreement being made to the law covered cruelty to cats in that particular meeting. It seems that the Minister was at a different meeting to me. But still all that said: is the Minister therefore stating that it is in fact the Minister for Infrastructure and therefore it is his department that is responsible for the moving forward of an amendment to the law because I need to know who is running this particular show, because I am very unsure at the moment?

The Deputy of St. Martin :

I would like to think my first answer made that clear but I will just reiterate that the Animal Welfare Law says very clearly: "It shall be an offence for a person without reasonable cause or excuse to do or to omit to do any act so as to cause unnecessary suffering to a domestic animal or captive animal. That, to me, gives us plenty of powers if cruelty is being done to dogs, cats or any animal to take action. The action of informing the police when a cat is involved in an accident is one that comes under the Traffic Law and I just feel that we agreed at this meeting that there was a way forward here and that the Minister for Infrastructure, in his ability to control this law, was going to move forward with the process.

2. Deputy M. Tadier :

On the subject of animal cruelty, the Minister will be aware that also recently there was fairly high profile social media coverage in Jersey to do with strangle collars, spike collars in particular, for dogs, which seemed to me to be intrinsically cruel insofar as they cannot be used without causing suffering for the animal. Is it therefore the case that under the current law those kind of collars would be contravening the law, the use of those collars ..

The Deputy Bailiff :

I am sorry, Deputy , I cannot allow that question. It is too far outside the parameters of the original one, which relates to striking a cat with a vehicle.

Deputy M. Tadier :

We can bat it back to the Minister for a different department it would seem. I will discuss that later with the Minister, thank you.

The Deputy Bailiff :

Final supplementary, Deputy McLinton? Deputy P.D. McLinton:

No, it seems I am talking to the wrong Minister.

5. Deputy K.C. Lewis of St. Saviour of the Minister for Education regarding savings from the resourcing and support provided to users of nursery care and private education: Will the Minister state what plans he has to make savings from the resourcing and support provided to users of nursery care and private education?

Deputy R.G. Bryans of St. Helier (The Minister for Education):

It is already well known that we are aiming to make a saving of £250,000 a year through the introduction of means testing from the Nursery Education Fund. We are undertaking additional work that looks at the proposed threshold of £75,000 and the impacts of various adjustments to the scheme. We have looked at all areas of the Education budget to make the £8.2 million savings required from us. As was recently reported in the media, a small adjustment to the formula for calculating the States grant to the fee-paying schools is under consideration. All savings will be published when the M.T.F.P. (Medium Term Financial Plan) is lodged at the end of June.

1. Deputy K.C. Lewis :

I think there was a hint that the last year of nursery care could also be cut. Would the Minister say if this was true or false?

Deputy R.G. Bryans:

I am not sure what the Deputy is referring to. I do not believe that is true.

2. Deputy M. Tadier :

Would the Minister remind us what the revenue figure would be if G.S.T. (Goods and Services Tax) were charged on private tuition at the secondary schools, indeed all the schools in Jersey?

Deputy R.G. Bryans:

I am sorry, I do not have that figure for the Deputy but I am sure I can provide it for him.

3. Deputy M. Tadier :

From memory I think it was in the region of about £1.2 million, I might be wrong, but it certainly far exceeds the relatively small figure we are talking about here. I guess the point is, and the question I am asking the Minister, are we not fiddling round the edges with an already established benefit which was agreed by his predecessors and there are much fairer ways to raise revenue and make sure that higher earners pay more tax, if that is the desire of the Council of Ministers, than doing these very strange and very blunt ..

The Deputy Bailiff :

Deputy , could you come to a question please?

Deputy M. Tadier :

.. than doing these very strange and very blunt arbitrary cuts? The Deputy Bailiff :

And your question was, Deputy ?

Deputy M. Tadier :

I think the interruption disturbed my flow. But I think the question was: is there not a better way of making the savings than to do these arbitrary and blunt cuts?

Deputy R.G. Bryans:

I wish there was. We have looked at this in considerable detail. Just yesterday we had a meeting with the E.Y.C.P. (Early Years Childcare Partnership) and prior to that I had an informal meeting with the Scrutiny chairman. Again this is just about really focusing on the detail of what we are trying to do. We are trying to align ourselves so we make this as fair as possible. But we have had a look through our budget. When you understand the majority of our budget is made up of income that goes to teachers and those in the educational system, then you will understand that it is really difficult for us to find any extra cash in that particular way.