States Minutes 19th January 1999

THE STATES assembled on Tuesday, 19th January 1999 at 10.15 a.m. under the Presidency of the Bailiff ,

Sir Philip Bailhache ____________

All members were present with the exception of –

S e n at or Corrie Stein – out of the Island

S e n at or Patricia Ann Bailhache – out of the Island

K e n n eth Priaulx Vibert , Connétable of St.  Ouen – ill

M a r g aret Anne Le Geyt, Deputy of St.  Saviour – excused ____________

Prayers ____________

Tribute to the late Mr. W.G. Perchard, former member of the States

The Bailiff paid tribute to the late Mr. William George Perchard, former Senator and Deputy of St.  Helier. THE STATES observed one minute's silence as a mark of respect.

Special Committee to consider the relationship between Committees and the States

In accordance with Article 28(3) of the States of Jersey Law 1966, the Bailiff gave notice that there was a vacancy in the office of President of the Special Committee to consider the relationship between Committees and the States.

Matters presented

The following matters were presented to the States –

  I nt  e r na  tional  Conventions  and  Agreements – progress  report  for  the  period  1st  April  1998  to  30th

September 1998 – R.C.2/99.

P re s e nted by the Policy and Resources Committee.

  T he   B e aulieu Convent School Trust: Act of incorporation (P.265/98): report – P.265/98 Rpt. P re s e nted by the Legislation Committee.

  G r o uv ille  Bay Hotel site – development (P.2/99) – report – P.2/99 Rpt.

P re s e nted by the Planning and Environment Committee.

The following matter was presented to the States on 5th January 1999 –

  Y e a r 2 0 00 date change: report – R.C.1/99. P re s e nted by the Establishment Committee.

The following matters were presented to the States on 12th January 1999 –

H o us ing modifications for disabled people (P.259/98): comments – P.259/98 Com. P re s e nted by the Finance and Economics Committee.

F a lle s H oldings Limited: Hideaway and La Maison des Pres, land to the north of Rue des Pres, St. Saviour

(P.219/98) – report – P.219/98 Rpt.

P re s e nted by the Planning and Environment Committee.

F a lle s H oldings Limited: Hideaway and La Maison des Pres, land to the north of Rue des Pres, St. Saviour

(P.219/98) – comments – P.219/98 Com.

P re s e nted by the Finance and Economics Committee.

THE STATES ordered that all the said reports be printed and distributed. Matters noted – land transactions

THE STATES noted an Act of the Finance and Economics Committee, dated 11th January 1999, recording the following decisions of the Treasurer of the States under delegated powers, in pursuance of Standing Orders relating to certain transactions in land –

(a ) a s recommended by the Public Services Committee, the sale to Mr. Brian Frederick Beadle and Mrs.

Carol Luce Beadle, née Warr , an area of land (measuring 8,290 square feet) in Field No.  816, St.  John, for the sum of£8,290, on the basis that it had been agreed to place a covenant on the land to be sold requiring Mr. and Mrs. Beadle, their heirs or successors to keep the land as a formalised garden area and free from weeds, and to ensure that the land would never be built upon or sold separately from the remainder of the property, with Mr. and Mrs. Beadle to be responsible for both parties' legal costs arising from the transaction;

(b ) as recommended by the Sport, Leisure and Recreation Committee, the lease to Messrs. Stephen John

Chatfield, Denis Peter Chandler and Richard John Baudains, jointly, of 9,280 square feet of land to the east of the main Cricket Pavilion at Les Quennevais Playing Fields, for a period of nine years from 1st January 1997, at a commencing annual rent of £500 payable half-yearly in advance, with triennial reviews in line with the Jersey Retail Price s Index from 1st January 2000, on the basis that each party for would responsible for its own legal costs arising from the transaction;

(c ) as recommended by the Harbours and Airport Committee, the renewal of the lease to George Troy

and Sons Limited of the north end of the Albert Pier Maintenance Shed (designated A34B), measuring 1,380 square feet, for a period of three years from 1st July 1998 at an annual rent of £6,521.13, with the rent to be subject to annual review on 30th June each year in line with the Jersey Retail Price s Index;

(d ) as recommended by the Public Services Committee, the purchase from G.R. Langlois (1991) Limited

of an area of land (measuring 551 square feet) at Le Chemin des Maltières, Grouville , for a consideration of £551, on the basis that the vendor would be responsible for the construction of a new retaining wall on the new boundary line and the Committee would be responsible for the cost of the construction of the footpath, with wayleave rights to be granted to the Company in order to establish a sewer pipe under the footpath, subject to agreed conditions as set out in a report, dated 30th June 1998, from the Director of Property Services, and with the Committee being responsible for both parties' reasonable legal fees to a maximum of £500 arising from the transaction;

(e ) as recommended by the Public Services Committee, the purchase from Mr. Roy Gordon Sainsbury

Brown and Mrs. Loveday Amy Brown, née Pallot, of an area of land (measuring 30 square feet) at Le Chemin des Maltières, Grouville , for a consideration of £30, on the basis that the Committee would be responsible for the cost of the construction of the footpath, with vehicular access to be granted over the land, and that the Committee would be responsible for both parties' reasonable legal fees arising from the transaction;

(f )  as recommended by the Planning and Environment Committee, the grant to Channel Islands Welding

Limited (the lessee of the warehouse at La Rue Durell, La Collette, St. Helier) of the right to create a third opening in that building onto La Rue Durell, for a consideration of £500;

(g ) as recommended by the Housing Committee, the entering into of a Deed of Arrangement with Le

Squez Holdings Limited in order to clarify the boundaries between Le Squez Primary School and Fineprice Supermarket and, in addition, the boundary with land administered by the Housing Committee at Maison d'Azette, St. Clement, as follows –

( i) a t r ia ngular piece of land to the rear of the garages at Maison d'Azette, comprising approximately

108 square feet to be sold to Le Squez Holdings Limited for the sum of £10, which was to form the new boundary, with the public retaining the usual rights for the purposes of gaining access on to the land to be sold for maintenance and repair purposes, and also that any over hangings currently established were to remain in place;

( ii ) L e S quez Holdings Limited to own the kerb stones and walls which lead in a southern direction

to the entrance of the Fineprice Supermarket in their entirety and to be granted the usual rights of access for the purposes of gaining access for repair and maintenance;

( ii i) t h e existing east wall of Le Squez Primary School playing fields, towards Fineprice

Supermarket, to be wholly owned by the public and administered by the Education Committee, with the public being granted the usual rights for the purposes of gaining access for repair and maintenance;

( iv ) t h e g ate to be relocated to a more secure position and to remain locked at all times except from

7.45  a.m. to 5.30  p.m. Monday to Friday during school term time only, and children only to b allowed to pass through the gate entrance if accompanied by an adult;

o n th e b a s is that each party would be responsible for its own legal costs arising from the transaction, with S.G. Benest and Son Limited to be a party to the agreement, and with all other terms and conditions to be as stated by the Law Officers' Department.

Matters lodged

The following matters were lodged "au Greffe" –

  D r a f t P olice Force (Amendment No.  7) (Jersey) Law 1998 (Appointed Day) Act 199 – P.4/99. P re s e nted by the Defence Committee.

D r a f t A doption (Amendment No.  4) (Jersey) Law 199 – P.5/99.

P re s e nted by the Health and Social Services Committee.

P r o je t d e Loi accordant un Acte d'incorporation à l'Association dite "The Beaulieu School Trust'' – P.6/99. P re s e nted by le Député de la Trinité.

  D r a f t I nvestment Business (Jersey) Law 1998 (Appointed Day) Act 199 – P.7/99. P re s e nted by the Finance and Economics Committee.

  D r a f t I nvestment Business (Amendment) (Jersey) Law 199 – P.8/99. P re s e nted by the Finance and Economics Committee.

D r a f t C ollective Investment Funds (Amendment) (Jersey) Law 1998 (Appointed Day) Act 199 – P.9/99. P re s e nted by the Finance and Economics Committee.

E liz a be th Terminal: lease of office accommodation to C.I. Handling Limited – P.10/99. P re s e nted by the Harbours and Airport Committee.

W es s e x Medical School Trust: grant of funds – P.11/99. P re s e nted by the Finance and Economics Committee.

  W  a te r f ront Enterprise Board Ltd.: appointment of director – P.12/99. P re s e nted by the Policy and Resources Committee.

R e v ie w of the machinery of Government: terms of reference and membership – P.13/99. P re s e nted by the Policy and Resources Committee.

The following matters were lodged "au Greffe" on 5th January 1999 –

D r a f t L aw Reform (Disclosure and Conduct before Action) (Jersey) Law 199 – P.1/99 (revised). P re s e nted by the Legislation Committee.

G r o uv ille Bay Hotel site – development – P.2/99. P re s e nted by the Connétable of Grouville .

The following matter was lodged "au Greffe" on 12th January 1999 –

  A n  e le c ted President of the States – P.3/99. P re s e nted by Senator S. Syvret.

THE STATES referred the proposition to the Policy and Resources Committee. Arrangement of public business for the present meeting

THE STATES confirmed that the following matters lodged "au Greffe" would be considered at the present meeting –

N u c le ar shipments: petition – P.102/95.

L o d g ed: 25th July 1995 and referred to the Policy and Resources Committee. S en a t or S. Syvret.

N u c le ar shipments: petition (P.102/95) – report – P.76/97. P re s e nted: 20th May 1997.

P o li c y and Resources Committee.

E le c t oral law reform – P.207/98.

L o d g ed: 6th October 1998, amendment and second amendments considered on 3rd November 1998 and

third amendment considered on 17th November 1998. L e g is lation Committee.

T h e I nn on the Park: site of special interest – P.237/98. L o d g ed: 17th November 1998.

D e p u ty T.J. Le Main of St.  Helier.

D r a ft Parish Rate (Administration) (Amendment No. 8) (Jersey) Law 199 – P.256/98. L o d g ed: 1st December 1998.

L e g is lation Committee.

C o m m ittees of the States: reorganisation – Industry Committee – P.258/98. L o d g ed: 1st December 1998.

P o li c y and Resources Committee.

D r a ft Finance (Jersey) Law 199 – P.260/98.

L o d g ed in Second Reading on 2nd December 1998. F in a n ce and Economics Committee.

G r o u ville Bay Hotel site – development – P.2/99. L o d g ed: 5th January 1999.

C o n n étable of Grouville .

THE STATES acceded to a request of the Connétable of Grouville that the proposition " Grouville Bay Hotel site – development" (P.2/99) be taken as the first item of public business at today's meeting.

Arrangement of public business for the next meeting on 2nd February 1998

THE STATES confirmed that the following matters lodged "au Greffe" would be considered at the next meeting on 2nd February 1999 –

F a l le s Holdings Limited: Hideaway and La Maison des Pres, land to the north of, Rue des Pres,

St. Saviour – P.219/98

L o d g ed: 3rd November 1998.

S en a t or R.J. Shenton.

F a ll e s Holdings Limited: Hideaway and La Maison des Pres, land to the north of Rue des Pres, St.  Saviour

(P.219/98) – report – P.219/98 Rpt.

P re s e nted: 19th January 1999.

P la n n ing and Environment Committee.

F a ll e s Holdings Limited: Hideaway and La Maison des Pres, land to the north of Rue des Pres, St.  Saviour

(P.219/98) – comments – P.219/98 Com.

P re s e nted: 19th January 1999.

F in a n ce and Economics Committee.

O a k f ield Playing Field: construction of school – P.255/98. L o d g ed: 24th November 1998.

P la n n ing and Environment Committee.

D r a ft Financial Services Commission (Amendment No. 3) (Jersey) Law 199 .– P.261/98.

L o d g ed: 8th December 1998.

F in a n ce and Economics Committee.

T h e B eaulieu School Trust: Act of Incorporation – P.265/98. L o d g ed: 8th December 1998.

D e p u ty D.L. Crespel of Trinity .

T h e B eaulieu School Trust: Act of Incorporation – P.265/98 Rpt. P re s e nted: 19th January 1999.

L e g is lation Committee.

P r o je t de Loi accordant un Acte d'incorporation à l'Association dite "The Beaulieu School Trust" –

P.6/99.

L o d g ed: 19th January 1999.

D é p u té D.L. Crespel of Trinity .

D r a ft Law Reform (Disclosure and Conduct before Action) (Jersey) Law 199 – P.1/99 (revised). L o d g ed: 5th January 1999.

L e g is lation Committee.

D r a ft Police Force (Amendment No. 7) (Jersey) Law 1998 (Appointed Day) Act 199 – P.4/99. L o d g ed:19th January 1999.

D e fe n ce Committee.

D r a ft Adoption (Amendment No. 4) (Jersey) Law 199 – P.5/99. L o d g ed: 19th January 1999.

H e a lt h and Social Services Committee.

D r a ft Investment Business (Jersey) Law 1998 (Appointed Day) Act 199 – P.7/99. L o d g ed:19th January 1999.

F in a n ce and Economics Committee.

D r a ft Investment Business (Amendment) (Jersey) Law 199 – P.8/99. L o d g ed:19th January 1999.

F in a n ce and Economics Committee.

D r a ft Collective Investment Funds (Amendment) (Jersey) Law 1998 (Appointed Day) Act 199 – P.9/99. L o d g ed:19th January 1999.

F in a n ce and Economics Committee.

E li z a beth Terminal – lease of office accommodation to C.I. Handling Limited – P.10/99. L o d g ed:19th January 1999.

H a r b ours and Airport Committee.

W e s s ex Medical School Trust – grant of funds – P.11/99. L o d g ed:19th January 1999.

F in a n ce and Economics Committee.

W a t e rfront Enterprise Board Ltd.: appointment of director – P.12/99. L o d g ed: 19th January 1999.

P o li c y and Resources Committee.

Projets withdrawn under Standing Order No. 17(6)

THE STATES noted that, in pursuance of Standing Order 17(6), the following matters, which were lodged au Greffe'' had been withdrawn –

D e c is ion conferencing procedure review – P.193/97. L o d g ed: 9th December 1997.

S en a t or R.J. Shenton.

M r . B arrie R. Cooper: petition – P.195/97.

L o d g ed: 9th December 1997 and referred to the Policy and Resources Committee. D e p u ty J.L. Dorey of St.  Helier.

Draft Stamp Duties and Fees (Jersey) Regulations 199 – P.210/98

THE STATES granted leave to the President of the Finance and Economics Committee to withdraw the Draft Stamp Duties and Fees (Jersey) Regulations 199 . (P.210/98 – lodged au Greffe on 20th October 1998).

Procedure for capital projects – questions and answers (Tape No. 490)

Deputy Evelyn Mabel Pullin of St.  Saviour asked Senator Frank Harris on Walker , President of the Finance and Economics Committee the following questions –

" F o llowing the recommendations in Committee of Inquiry – Elizabeth Marina, St. Helier:

Report' (R.C.50/98) –

( a) Would the President confirm that the States Treasury has now tightened up its proceedings over

capital projects and would he identify exactly what has been done?

(b ) W ould the President inform the Assembly –

w  h o s e r e sp o n s ibility it is to select members of the P.70/90 Group and to clarify their roles and

responsibilities;

w  h a t le v e l a n d type of information is now to be available to them and what do they now pass to

the Committees involved?

(c ) W ould the President inform the Assembly –

w  h at ac t io n i s now to be taken by Committees before major works are put in hand;

w h o n o w h a s t he responsibility for ensuring that there is properly resourced project management;

w h o w il l b e responsible for appointing a Project Manager and for defining his terms of

employment?

(d ) What will now be the role of the States in assessing whether projects proceed or not, and who will be

responsible for bringing this information to the Assembly?''

The President of the Finance and Economics Committee replied as follows –

" ( a ) The Finance and Economics Committee, through the Capital Projects Review Sub-Committee established in early 1998, requested the States Treasury to carry out a full and comprehensive review of existing procedures, resulting in the revision of the Code of Directions governing all aspects of the control of capital expenditure. The Committee has also introduced Total Cash Limits which will ensure that the total projected costs of projects will be reported and agreed by the States before the development has commenced. Additional resources will be allocated to support the project appraisal process, including risk assessments, to ensure that accurate projected out-turn costs are available when projects are debated by the States.

( b ) The administering Committee is responsible for the formation of the P.70/90 Project Group in

accordance with Code of Direction No. 8 – the Control of Capital Expenditure. Their roles and responsibilities have been clarified within guidance notes to the revised Code of Direction. The Code now requires the appointment of an independent member for major projects.

T  h e f o l lo wing information must now be forwarded to the Project Group and Chief Officer of the

administering Committee –

A m o n th l y c o s t statement assessing the probable final cost and progress of each project.

 A q u a rt e r ly c ash flow forecast showing the expected pattern of payments to the end of the

project.

A l is t in g o f a ll variations exceeding £1,000 with brief explanations.

D  et a il s o f r e q u ests for extensions to the contract period in conjunction with explanations.

A r e p o rt containing all the above information must be submitted to the administering Committee on a

quarterly basis.

In a d d i ti on, each administering Committee is required to submit progress reports to the Capital

Projects Review Sub-Committee at six-monthly intervals.

(c ) From 1st January 1999, any project put forward for consideration by administering Committees will

require a feasibility study, including accurate costings and a risk assessment prepared by an external professional consultant.

M y C o m mittee will not release funds for the feasibility study until a complete and fully

comprehensive project brief has been prepared. which satisfies new guidelines laid down by the Policy and

Resources, Planning and Environment and Public Services Committees. These procedures should satisfy States members that future projects put forward for decision conferencing show accurate forecast out-turn costs.

It is t h e responsibility of the Public Services Department to ensure that project management is

properly resourced when the project budget for supervision and administration is compiled. On appointment, the architect or engineer has a responsibility to confirm that such resources are sufficient to maintain adequate site management and provide systems for the reporting of information, financial and otherwise, which ensure full compliance with the Code of Directions. The Project Group subsequently has a responsibility to report any inadequacies in project management to the administering Committee.

T h e d e c is ion to appoint a Project Manager is either on the advice of the Public Services Department,

or at the request of the administering Committee. Appointments are made by the Public Services Department with defined terms and conditions of employment. My Committee has requested the Capital Projects Review Sub-Committee to review these project management procedures, and the need for independent project managers.

( d ) The Policy and Resources Committee is responsible for assessing whether projects proceed to

decision conferencing before their inclusion in the Annual Resource Plan, which is subject to States approval at all times.''

Tourism industry – questions and answers (Tape No. 490)

Deputy Philip John Rondel of St. John asked Senator John Stephen Rothwell, President of the Tourism Committee, the following questions –

" (a ) Would the President inform members of the total number of hotel beds remaining within the tourism industry for 1999 and how do the numbers compare with those of 1989;

(b ) given that the Tourism Committee's revenue estimates for 1999 are not significantly different from

those of previous years, would the President inform members what steps the Committee intend to take to reverse the apparent decline in this very important industry and will it seek to obtain more funding from the States for the purpose;

(c ) would the President give details of what medium to long-term planning is being put in place by the

Committee?

The President of the Tourism Committee replies as follows –

" (a ) In 1989 there was a total of 24,552 bed spaces in hotels, guest houses and holiday villages. Added to this were 2,300 campsite spaces and 260 self-catering beds.

A  s a t 1 s t January 1999 there are 17,975 bed spaces in hotels, guest houses and holiday villages, 1,250

campsite spaces and an increase of 497 self-catering beds.

W  h i ls t th e total number of beds has reduced it has to be recognised that some have been lost to

provide increased private baths and showers to bedrooms and there are examples of major investment in registered premises, including additional beds and the provision of leisure facilities and refurbishment of existing bedroom accommodation, leading to increased tariff yield, extended periods of operation and businesses which will provide for the needs of the tourism industry in years ahead.

I n t h e f u t ure Jersey Tourism will be referring to the number of rooms available, as is the case in many

other destinations, as this can often be more relevant than the number of beds available. Premises can be 100 per cent full in terms of rooms occupied, if doubles are used as singles (conference business etc.), yet would only show a 50 per cent occupancy of beds'.

C u r r e n tl y there are 8,573 bedrooms in registered hotels, guest houses and holiday villages. (b ) I would answer questions (b) and (c) together as they are inextricably linked.

I h av e a lr eady referred to the decline in the number of beds but also referred to investment which is

taking place to provide a better quality product generally.

T h e T o u rism Committee is working aggressively to ensure the long-term future of the tourism

industry and this includes –

1 . w o rk ing ever more closely with the various sectors which make up the diverse tourism industry

of the Island so that tourism policies are in fact shared visions;

2 . i n f u ll consultation with the industry and States departments producing a strategic plan. Work on

this important matter has already stated and will include –

( a ) id e n t if y i n g what types of projects are needed in line with this strategy; ( b ) i d en t i fy i n g specific projects for consideration for States investment;

( c ) a n a ly s i n g and prioritizing these projects;

( d ) s u rv e y i n g Jersey residents for their views on these projects.

3 . i m p o rtantly the department has been working to develop event-led tourism enhancing further our

reputation for such events as the Jersey Garden Festival, Jersey International Food Festival, Jersey Jazz Festival and the World Music Festival;

4 . w  o rking increasingly with the Sport, Leisure and Recreation Committee to develop sports

tourism on the Island. An Island Corporate Games is already planned. Also with the Jersey Arts Trust to attract out of season business to the Island;

5 . r e - fo cusing our Tourism advertising to reflect more fully those existing elements of our Island which make us unique and are prized by visitors. I refer to the environmental initiatives, Green

Lanes, cycle network and to our superb historical sites, Elizabeth Castle, Mont Orgueil also

Jersey Museum, the new Maritime Museum and to the many other attractions in which we can be so proud, the

Jersey Zoo to name but one. We are selling what is real', yet different, about Jersey to attract a broad range of visitor in a way which is totally sustainable in the long-term;

6 . w o r king closely with WEB Ltd., other States departments and the private sector to ensure the

development of top quality facilities which will serve the industry both in the short-term and well into the future. Specifically I refer to the development of a new leisure complex and 4/5 star hotel on the Waterfront;

7 . w i th in the tourism strategy we will be exploring additional ways in which we could assist the

industry including a study on the feasibility of grants or loans. All this will be aimed to increase quality, competitiveness and sustainable growth for the Island's tourism industry. The Committee has appointed the Deputy of St. Ouen and the Development Director, Nigel Philpott, to address this issue. Any such initiatives could, of course, require significant funding and providing my Committee produces acceptable proposals we would hope to receive strong support from the States to demonstrate their commitment to the industry and the role tourism plays in enhancing the quality of facilities available for local people;

8 . i n re spect of funding, in addition to the £8 million budget for 1999, I must refer to the Tourism

Investment Fund. This initial £10 million fund is now totally committed having assisted in the development of such projects as the Maritime Museum, the First Impressions' enclosure at the Jersey Zoo, La Fregate Café and a ramp for the disabled at St. Brelade. The £8.4 million balance is ear-marked for the development of the Leisure Pool complex. I believe that it is essential considering the ever increasing competitiveness of International tourism to look for future top-ups to this fund bearing in mind the massive funding available to competing destinations in all Member States throughout the European Union and in the United Kingdom from the National Lottery.''

Regulation of Undertakings and Development Law (Tape No.  490)

Senator Jean Amy Le Maistre asked Senator Frank Harris on Walker , President of the Finance and Economics Committee the following questions –

" 1 . The report Regulation of Undertakings and Development: six-monthly manpower returns' that the Finance and Economics Committee presented to the States on 3rd November 1998 (R.C.47/98) shows an increase of 1643 persons working full-time and 1039 persons working part-time during the period 30th June 1997 to 30th June 1998. Does the Finance and Economics Committee consider that such an increase will inevitably lead to greater demands for housing and increased pressures on health, education and other social services?

2 .( a )  I n reply to questions asked of the President of the Planning and Environment Committee on

Tuesday 20th October 1998 the States were informed that since 1996 planning approvals had been granted  for  a  total of approximately  859,100 square feet of office  accommodation.  Would  the President inform the States the total of square feet of office accommodation for which licences have been granted under Part III of the Regulation of Undertakings and Development (Jersey) Law 1973, as amended, during the same period;

(b ) w hen considering applications under Part III of the Law, does the Finance and Economics Committee

consider the long term impact on employment as well as the immediate pressure on the construction industry, before issuing licences? What research, if any, is undertaken or assurances sought from applicants to ensure that new developments will not result in additional pressures for more staff in the future;

( c ) how  many licences  did  the Finance and Economics  Committee  refuse  during  1998  for  luxury

accommodation, offices and any other buildings, and what were the total areas in each category?

3 . (a )  I s the President satisfied that the controls currently being exercised by the Committee are

meeting the States Strategic Policy objectives set out in the Strategic Policy Review 1995 Part  I – (2000 and Beyond');

(b ) would the President inform the States whether targets have been set by his Committee in respect of

the total number of people employed full time and part time for the December 1998, March and June 1999 quarters?''

The President of the Finance and Economics Committee replied as follows –

" 1 . Following decisions made by the States in November 1997, the Regulation of Undertakings and Development Law was tightened up with effect from 1st June 1998. Furthermore, with effect from 31st March 1998 the manpower survey of employers has been carried out on a quarterly basis, as opposed to every six months.

I n c o n s id ering the figures contained in the manpower returns for 30th June 1998 account must be

taken of the fact that the changes to the Law had only just been implemented on 1st June. For this reason I am sure members will agree that it would be wrong to draw any conclusions on the success or otherwise of the tightening up the Law from these figures. The manpower survey presently being undertaken for 31st December 1998 will allow meaningful comparisons to be drawn on six months' operation of the amended regime. Comparisons with figures for periods prior to the tightening of the Law however are also affected by the fact that the enforcement of the completion of manpower returns is far more rigorous than in the past.

T h e fi g u r es quoted by Senator Le Maistre certainly confirm that the States made the right decisions in

November 1997 with regard to population and immigration policy. Furthermore, the Finance and Economics Committee is well aware that if population levels are allowed to increase unchecked there will inevitably be greater demands on housing, and increased pressure on health, education, and other social services and this is reflected in the policy approach of the Committee.

2 . (a ) A pprovals were granted for approximately 385,200 square feet of office accommodation

between 1st January 1996 and 20th October 1998.

(b ) Part III of the Regulation of Undertakings and Development Law was implemented to help take the pressure off the limited resources of the Island by controlling the level of building work and thereby

the number of immigrant building workers. In considering applications for development, the Committee is required to have regard for the current economic climate, and evidence of inflationary cost pressures arising from an overheated economy, in deciding whether to grant a licence for

development.

 W  i th p a r ticular regard for the States population and immigration policy, the Committee in 1998

consulted  with representatives of the construction industry, and decided that it could not advocate the control of private sector building work by the prioritisation of development licence applications. The Committee accepted the view of the construction industry and related professional bodies that the control of building work in the private sector should be in response to the general lowering of the heat in the economy rather than any attempt to control directly the level of private building work. The Committee was also of the view that, as the engagement of additional staff and the filling of vacancies by non-locally qualified persons, was subject to licence under Part  II of the Law, adequate controls could be exercised over the construction industry for the foreseeable future.

T  h e C o m  mittee does not seek assurances from applicants to ensure that new developments will not

result in additional pressures for more staff in the future because Part  III of the Law is concerned with development, and is not in place to control the engagement of additional staff by undertakings. The question of additional staffing is addressed by virtue of Part II of the Regulation of Undertakings and Development Law.

( c ) Whilst I am unclear as to what the exact definition of the term luxury' accommodation is, an

examination of the relevant files shows that the Finance and Economics Committee did not refuse any applications in 1998 in respect of the provision of office accommodation, etc. Some applications relating to the proposed conversion of hotels or guest houses into lodging houses were refused.

3 .( a ) I a m fully satisfied that the Finance and Economics Committee is doing everything it possibly

can to implement the population and immigration policies of the States in accordance with the guidelines laid down in November 1997.

(b ) The Finance and Economics Committee has not set specific targets in respect of the total number of

persons engaged in the Island on a full time and part-time basis because there is no logical reason for it to do so. The Committee believes that the measures it has introduced will reduce the demand for labour within the Island. However, whether or not this actually proves to be the case will only be revealed by the findings of future manpower surveys. In this respect the first manpower survey to provide meaningful comparative data is that currently being undertaken for 31st December 1998. I can assure members that the results of this survey will be made available as soon as possible.''

Education administrative service – questions and answers (Tape No. 490)

Senator Stuart Syvret asked Senator Leonard Norman, President of the Education Committee the following questions –

" 1 . Would the President inform the Assembly if any additional cost has been incurred as a result of the recent reclassification of the Education Directorate. If the answer is affirmative, would he explain to the Assembly what this additional cost is and why it has arisen and, if negative, would he inform the Assembly of any measures adopted to bring about savings?

2 . H ave any additional posts been created within the establishment of the Education Department as a

result of the reclassification exercise? If the answer is affirmative would the President explain to the Assembly

what these new posts are?

3 . W  ould the President inform the Assembly of the cost of the administrative service to the Education

Services during the last five years, and would he express the amount both in financial terms and as a percentage of the Education Committee's budget?''

The President of the Education Committee replied as follows –

" 1 . I assume that by the phrase reclassification of the Education Directorate' the Senator is referring to the restructuring of the senior management team of the Education Department. This restructuring has resulted in a net saving of £53,000.

T  h is sa v i ng has been achieved because when the present Director of Education was appointed, his

previous post was deleted from the establishment and, as part of the restructuring of the senior management team, the responsibilities formerly exercised by that post have been allocated to other senior staff.

2 . N o.

3 . T he cost of the administrative service over the last five years is as follows –

£ Per cent of budget

1994 1,015,600 1995 1,028,000 1996 1,035,000 1997 1,189,000 1998 1,203,600

or 1.87 or 1.98 or 1.93 or 2.07 or 1.98

O  v e r a l o ng period and certainly throughout the 1990s, the cost of administration as a percentage of

total expenditure has been within the range of 1.93 per cent to 2.07 per cent.

T h e S e rv i ce Review recently completed by Coopers and Lybrand commented –

 A  lt h o ugh  we  have  not  carried  out  a  post  by  post  analysis  of  the  Education  Department

headquarters  staff we  find no  evidence to suggest  that it  is  more  generously  staffed  than comparator Local Education Authorities on the mainland  ... if anything the establishment is surprisingly tight given the range of functions for a department carrying out all the functions of a mainland Local Education Authority together with many of those of the Department for Education and Employment in London.' "

Committee's policy of employing former civil servants as consultants (Tape No. 490)

Senator Stuart Syvret asked Deputy David Leon Crespel, President of the Establishment Committee the following question –

" W  il l the President provide for the Assembly a full explanation of his Committee's policy in respect of employing former civil servants as consultants, with particular regard to former chief officers?"

The President of the Establishment Committee replied as follows –

" T h e Establishment Committee's policy in respect of the re-employment of retired employees is clearly set out in the Personnel Policy Manual which is issued to all States Departments. The policy reads as follows –

I t is S ta t es policy to give people who are not receiving an occupational pension preference in filling public sector job vacancies.

H  o w e v e r , there may be exceptional circumstances, e.g. the particular experience of a person receiving

an occupational pension compared with other applicants, when it might be appropriate to employ such a person.

I n t h a t s it uation approval must first be sought from the Establishment Committee.

A n y a p p licants who receive an occupational pension must be informed, if shortlisted for a job

vacancy, of the procedures necessary to gain approval for their employment.

T h e p o li c y does not apply to part-time posts of less than 20 hours a week'.

H e n c e, the normal policy of the Establishment Committee is not to employ retired civil servants and chief

officers as consultants.

H o w  ever, where very specific and highly important work needs to be done, and the Committee is not able

to find an alternative employee or consultant to do that work, the Committee will, on occasion, enter into a consultancy contract with a retired civil servant or chief officer. Such occasions are very rare and, where they arise, are normally restricted to contracts not exceeding one year in duration.

I s h o uld point out here, however, that my Committee is in the process of reviewing the whole issue of the

employment of retired personnel. The States Population and Immigration Policy requires that we maximise the use of our locally qualified manpower. This implies that employers, in both the private and public sectors, should make greater use of retired personnel. At its last meeting on 11th January, 1999, my Committee considered a paper which recommends that retired personnel be allowed to continue working in the public sector, under certain conditions. Given the important strategic considerations of this recommendation for the Island as a whole, my Committee has decided to consult with the Policy and Resources Committee before finalising its approach. In this connection I should add that it is the policy of the Finance and Economics Committee in applying the Regulation of Undertakings to encourage and give favourable treatment to applications involving the employment of retired persons wishing to work over the normal retirement age. This clearly gives a signal to local employers that they should maximise the use of this source of manpower."

Reclamation site at La Collette II (Tape No. 490)

Senator Stuart Syvret asked Deputy Jeremy Laurence Dorey, President of the Public Services Committee the following questions –

"1 . W ould the President inform the Assembly of –

(a ) the total cost of the construction of the reclamation site at La Collette  D, including site preparation,

the construction of walls, professional fees etc.;

(b ) t he predicted lifespan of the site when it was opened;

(c ) the proportion of the site which will have been filled by the end of 1998, and its predicted lifespan

based on the current rate of fill;

(d ) t he total additional capital costs i.e. ash pits;

(e ) t he annual cost of maintaining and staffing the site? 2 . W ould the President also inform the Assembly of –

( a) The estimated annual tonnage of glass which is dumped at La Collette D, the proportion of total

annual landfill which this represents, and the estimated annual cost of glass tipping?

(b ) the estimated value of lost dumping charges which would otherwise be payable for the landfill space

occupied by glass;

(c ) t he estimated annual cost of incinerating the proportion of glass which is mixed with general domestic

refuse, in terms of the fixed and variable costs of the Bellozanne incinerator;

(d ) t he estimated annual tonnage and cost of 3/8" aggregate or similar (e.g. blinding concrete) used by the

Public Services Department during the past four years (1994-1998)?

3 . W ould the President explain to the Assembly –

(a ) w hether he considers the Island's landfill site to be a resource of primary importance to the Island;

( b ) why his Department continues to use virgin mineral resources of 3/8" aggregate when a local

company has expressed its willingness to produce the same from crushed glass;

(c ) whether he considers his Committee's refusal to allow the recycling of glass to be consistent with

presenting Jersey as a model of sustainability'?"

The President of the Public Services Committee replied as follows –

" 1 .( a ) T he total amounts paid to the end of 1998 for construction of La Collette Phase D project amounted to £26,350,000. This includes all professional fees. Due to the requirement to construct the