States Minutes 19th June 2001

THE STATES assembled on Tuesday, 19th June 2001 at 9.30 a.m. under

the Presidency of the Bailiff ,

Sir Philip Bailhache .

His Excellency the Lieutenant Governor,

Air Chief Marshal Sir John Cheshire, K.B.E., C.B., was present

All members were present with the exception of -

S e nator Corrie Stein - out of the Island

S e nator Paul Vincent Francis Le Claire - ill

H a rry Hall ewell Baudains, Deputy of St. Clement - out of the Island R o bert Charles Duhamel, Deputy of St. Saviour - out of the Island P h ilip Francis Cyril Ozouf , Deputy of St. Helier - out of the Island

Prayers

H.R.H. The Duke of Edinburgh - 80th Birthday

The Bailiff informed the Assembly that the following message had been received from His Royal Highness The Duke of Edinburgh in reply to the greetings sent to him on the occasion of his 80th birthday -

"Your message of congratulations on achieving my 80th birthday is much appreciated." Connétable of St. Peter, Mr. M. C. Pollard - retirement

The Bailiff , on behalf of the Assembly, thanked Mr. Malcolm Cedric Pollard, Connétable of St. Peter , for his services to the Island over the past nine years and conveyed to him the best wishes of the Assembly on his retirement.

H.M The Queen's Birthday Honours List - congratulations to Mr. Philip Falle

The Bailiff , on behalf of all members and officers of the States, congratulated Mr. Philip Falle, political correspondent, Jersey Evening Post, on his appointment as a Member of the Order of the British Empire.

Subordinate legislation tabled

The following enactments were laid before the States, namely -

Road Traffic (Saint Clement) (Amendment No. 15) (Jersey) Order 2001. R & O 95/2001. Road Traffic (Saint Brelade) (Amendment No. 11) (Jersey) Order 2001. R & O 96/2001. Road Traffic (Saint Helier) (Amendment No.  9) (Jersey) Order 2001. R & O 97/2001. Public Rank Taxis (Fares and Charges) (Jersey) Order 2001. R  & O 98/2001.

Employment and Social Security Committee - resignation of member

THE STATES noted the resignation of Deputy Francis Gerald Voisin of St. Lawrence from the Employment and Social Security Committee.

Tourism Committee - appointment of member

THE STATES appointed the Connétable of St. Mary as a member of the Tourism Committee.

Matters presented

The following matters were presented to the States -

Population Policy: interim report - R.C.21/2001. Presented by the Policy and Resources Committee.

Hautlieu School: approval of drawings: (P.83/2001) - comments - P.83/2001 Com. Presented by the Finance and Economics Committee.

Parish Rates Review (P.41/2001): comments - P.41/2001 Com.(2) Presented by the Finance and Economics Committee.

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

THE STATES noted Acts of the Finance and Economics Committee dated 4th and 11th June 2001 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 ) as recommended by the Tourism Committee, the renewal of the ground lease to Mrs. Gillian Geraldine

Hidrio, née Carré, for the property known as Colleen's Café, Grève de Lecq, St. Ouen , for a period of three years from 25th December 2000 at a commencing annual rent of £4,000, to be increased to £5,000 on 25th December 2001 and to £5,500 on 25th December 2002, with all other terms and conditions remaining the same as the existing lease, with each party being responsible for its own legal costs arising from this transaction;

(b ) as recommended by the Agriculture and Fisheries Committee, the lease to the Jersey Electricity

Company Limited of the site of electricity sub-station No. 486, Abattoir Site, St. Helier , for a period of 99 years at an annual rent of £1 payable as a lump sum upon passing contract, and the grant to the company, free of charge, of wayleave rights in association with the sub-station, on the basis that the company would be responsible for both parties' reasonable legal costs arising from this transaction;

( c ) as recommended by the Agriculture and Fisheries Committee, the renewal of the lease from the National

Trust for Jersey of Fields Nos. 810, 811, 812 and 813, The Elms, St. Mary, for a period of five years from 26th December 2000 at an initial annual rent of £4,500, subject to a rent review to open market rental value on 20th December 2003, with all other terms and conditions remaining the same as the existing lease, with each party being responsible for its own legal costs arising from this transaction;

(d) as recommended by the Public Services Committee, the purchase from FBF Developments Limited of 789  square feet of land to the north of the junction at Castle Street and Commercial Street, St. Helier (as

shown on Drawing No.  856/035), required for road widening purposes, for a consideration of£10, with the public

being responsible for both parties' reasonable legal costs arising from this transaction;

( e ) as recommended by the Education Committee, the lease to the Jersey Electricity Company Limited of

Electricity Sub-station No. 335 and the Ring Main Unit (RMU) at Hautlieu School, Wellington Road, St.  Saviour, as shown on the Company's drawing No.  44-H24A as amended on 2nd October 2000, for a period of 99 years at an annual rent of £1 payable in a lump sum upon the passing of the contract, together with the grant of standard Wayleave rights, free of charge, to the Company with regard to Sub- station No.  335 and the RMU kiosk as shown on Wayleave Plan No. 25K (reference P1573/1455) dated 3rd October 2000;

( f )  as recommended by the Public Services Committee, the entering into of a Deed of Arrangement with

Miss Frances Mary Barrington Jupp and Mrs. Elizabeth Barrington Reid, née Jupp, the joint owners of Old Station House, La Rue à Don, Grouville , in order to define the boundary between that property and the road and footway known as La Rue a Don, Grouville , as detailed on Drawing No.  15/543/3, with both parties being responsible for their own legal costs;

( g ) as recommended by the Tourism Committee, the renewal of the lease to Mr. Richard Brian Ropert and

Mrs. Harriet Jane Ropert, née Fane, of the Gunsite Café, Beaumont, St. Peter , for a period of three years deemed to have commenced on 25th December 2000, at a commencing annual rent of £7,000, to be followed by an increase to £8,000 on 25th December 2001 and £9,000 on 25th December 2002, on the basis that terms and conditions had been agreed between Mr. and Mrs.  Ropert and Mr.  David Patrick and Mrs.  Jane Cullen, née de la Haye, in relation to the assignment of the lease which was deemed to have taken place on 11th March 2001;

( h ) as recommended by the Tourism Committee, the renewal of the lease to Mr. Peter Gibbins and Mrs. Ann

Huelin, née Gibbins, of Le Braye Café and land, Le Braye Slipway, St. Brelade, for a period of three years deemed to have commenced on 25th March 2000, at a commencing annual rent of £16,250, to be reviewed annually in line with the Jersey Retail Price Index.

Matters lodged

The following matters were lodged "au Greffe" -

D  ra ft Powers of Arrest (Injunctions) (Amendment) (Jersey) Law 200- P.88/2001.

Presented by the Legislation Committee.

Draft Marriage and Civil Status (Jersey) Law 200- P.89/2001. P r esented by the Etat Civil Committee.

Projet de Loi (200-) (Amendement) Sur La Voirie - P.90/2001.

Presented by Deputy G.C.L. Baudains of St. Clement, and referred to the Public Services Committee.

Arrangement of public business for the next meeting on 3rd July 2001

THE STATES confirmed that the following matters lodged "au Greffe" would be considered at the next meeting on 3rd July 2001 -

A p pointments made by the States: review of procedures - P.85/2001. L o dged: 5th June 2001.

D e puty R. G. Le Hérissier of St. Saviour .

F i eld 1418, St. Saviour, Trinity : development in the Green Zone. L o dged: 5th June 2001 - P.86/2001.

P l anning and Environment Committee.

D r aft Powers of Arrest (Injunctions) (Amendment) (Jersey) Law 200- P.88/2001. L o dged: 19th June 2001.

L e gislation Committee.

Projets withdrawn under Standing Order 17(6)

THE STATES in accordance with Standing Order 17(6) noted that the following Papers were deemed to have been withdrawn -

P o pulation policy - P.175/99.

L o dged: 26th October 1999.

P o licy and Resources Committee.

L e s Ormes Farm, Field 773, La Route de la Blanche Pierre, St. Lawrence: development in the Green Zone -

P.82/2000.

L o dged: 6th June 2000.

P l anning and Environment Committee.

Equalisation of Welfare - P.164/2000

THE STATES granted leave to the Connétable of St. Peter to withdraw his proposition regarding the Equalisation of Welfare (P.164/2000, lodged au Greffe' on 26th September 2001).

Change in Presidency

The Bailiff retired from the Chair prior to questions being asked, and the meeting continued under the Presidency of the Greffier of the States, Miss Catherine Mary Newcombe.

Assessment of businesses losses suffered by the owners of La Sirène Guest House - question and answer (Tape No.657)

Deputy Alan Simon Crowcroft of St. Helier asked Deputy Terence John Le Main of St. Helier, President of the Housing Committee, the following question -

" O n 8th June 2001 the Chief Executive Officer of the Housing Department wrote to all States' members informing them of the Housing Committee's progress in respect of the action it was charged to carry out following the approval of P.155/99 on 7th December 1999, namely the authorisation of the assessment by an independent firm of auditors of the business losses suffered by the proprietors of La Sirene Guest House, St Helier, prior to 16th February 1999, as a result of the redevelopment of the adjoining property, Kent Lodge. In his letter the outcome of the investigation is revealed, and the Committee indicates that it proposes to make a further ex gratia payment to the proprietors of the guest house.

( a ) W ould the President explain why his Committee proposes to make this payment in full and final

settlement of all and any claims against the States, any Committee of the States and any department of the States arising out of the redevelopment of the Kent Lodge site'?

( b ) D oes the President not consider that his Committee's attempt to prevent the proprietors of the guest

house from attempting to obtain a fair and public hearing in the pursuit of their grievances against other States' departments may represent an infringement of their Human Rights?"

The President of the Housing Committee replied as follows -

" B efore answering these questions I should inform the Assembly that whereas proposition P.155/99 was presented on the basis that the Committee was being asked to make an ex gratia payment, that is, not on the basis of any legal claim, lawyers for La Sirène Guest House Limited and its proprietors have now written to the Committee informing it that the lawyers are considering joining the Housing Committee and possibly others as parties to proceedings which have been brought by the Company and its proprietors against the Jersey Homes Trust. Although no details have been notified of any legal basis upon which such a procedure could be taken, this is nevertheless notification that legal proceedings may be brought and the Treasury has been asked to notify the States' Insurers accordingly. It follows from the foregoing that there is a very definite limit to what can properly be said on this subject in this Assembly.

( a ) T he Committee has been advised by the Law Officers' Department that it is standard practice when

making a payment in respect of a particular matter to make it in full and final settlement of all claims by the same claimant arising out of the same matter. Part at least of the rationale for this is that the person who is offering the payment should be able to assume that that is the end of the matter. If a payment is not in full and final settlement, there is nothing to prevent a claimant from accepting a payment which has been made in good faith and then coming back for more as often as he feels inclined.

T h e s e tt lement provision has been expressed to cover the States, any Committee of the States and any

department of the States because Committees are bodies of the States and departments are executive arms of the Committees. To restrict the settlement of the Housing Committee would leave it completely open to ask for a payment from some other Committee.

( b )  I t is assumed that the reference to Human Rights is a reference to Article 6 of the European Convention

of Human Rights, which provides, so far as it is relevant, that in the determination of his civil rights or obligations everyone is entitled to a fair and public hearing within a reasonable time by an independent and  impartial  tribunal  established  by law.  To  offer a  payment  in  respect of a  claim  without an admission of liability and on the basis that it is in full and final settlement of all and any claims arising out of the same matter is not a breach of that article because it is entirely up to the person to whom the offer is made to reject it and to choose instead to exercise his entitlement to a public hearing."

Delay in compiling a health and safety report relating to damage caused to a gable wall - question and answer (Tape No. 657)

Deputy Alan Simon Crowcroft of St. Helier asked Senator Terence Augustine Le Sueur, President of the Employment and Social Security Committee, the following question -

" O n 15th May 2001 I sought information from the President concerning the steps taken by his Committee under the Health and Safety at Work (Jersey) Law 1989, to ensure safety of property owners and construction workers during building works. Although I was careful not to name a specific instance of building works leading to damage to a property, the President inferred from a supplementary question I asked that I was referring to a particular property whose gable wall was undermined by a States' sponsored housing scheme in February 1999, and he went on to state that action was taken and is still ongoing in respect of that particular instance'.

W  ould the President explain how it is possible, more than two years after the event, for his Department to be

still investigating the damage caused to a privately-owned property as a result of a States' sponsored development, and would he indicate whether it is usual for there to be such delays in the compiling of reports under the Health and Safety at Work (Jersey) Law 1989?"

The President of the Employment and Social Security Committee replied as follows -

" I n my reply to the question on 15th May 2001, I did not say that the matter referred to in the question was still being investigated, but that action was still ongoing'.

T  he Deputy is aware, as he has already received a letter from me responding to a similar question, that I

cannot discuss individual cases in this forum and that I am constrained as to the information I can divulge under the Health and Safety Law. If the Deputy is concerned about the speed with which health and safety incidents are investigated, I can assure him that in the majority of cases, the Health and Safety Inspectorate will normally have completed its investigations within three months and referred a report, where appropriate, to the Law Officers Department. Thereafter, legal processes can be complex and lengthy and, of course, any decision to prosecute rests with the Law Officers."

Genetically Modified Organisms (GMOs) - questions and answers (Tape No. 657)

Deputy Alan Crowcroft of St. Helier asked Senator Jean Amy Le Maistre, President of the Agriculture and Fisheries Committee, the following questions -

" 1 . O n 28th September 1999 in adopting P.33/99, Genetically Modified Organisms (GMOs), the States requested the Agriculture and Fisheries Committee to take all possible steps to designate and maintain the Island of Jersey as free from the growing of GMOs'. Would the President explain what steps have been taken by the Committee to comply with this States' decision?

2 . In adopting P.33/99, the States further agreed that the Committee be requested to suspend the

programme of scientific research into eelworm-resistant strains of the Jersey Royal. Would the President state when the research programme ceased, and explain what was done with the constructs, or prototypes of GM Jersey Royal plants which were seen growing in the glasshouses of IACR Rothamsted by the delegation of States' members which visited the Research Station earlier that year?

3 . O  n 11th May 2001, the Jersey Evening Post published an article which revealed that the Jersey Royal

potato has been genetically fingerprinted in order to protect its provenance and its unique status. Given that this work has been carried out by the same organisation that was undertaking research into a genetically modified Jersey Royal potato, what assurance can the President give the States that no further work is being carried out on the development of a GM Jersey Royal?

4 . W  ould the President state what is the total amount of the invoices from IACR Rothamsted to his

Committee since the suspension of work on the GM Jersey Royal?"

The President of the Agriculture and Fisheries Committee replied as follows -

" 1. The Agriculture and Fisheries Committee enquired of and has been reassured by the Head of Biotechnology Safety at the Chemicals and Biotechnology Division of the Department of the Environment, Transport, and the Regions (DETR) that international legislation applies to all seed and plant material traded in Europe, and therefore applies to anyone trading plant and seed material in the Island. EU Directive 90/220 covers the deliberate release of live GMOs such as fruit, seeds and grains and products containing viable GMOs. DETR Inspectors have powers of inspection and enforcement under this Directive. All seeds or plant material used in the United Kingdom in GM trials must receive consent under the EC régime under Directive 90/220 administered by the DETR.

A ll s e e d and plant material available in Europe, and this includes Jersey, is audited and tested by DETR

GMO inspectors for the presence of GMOs.

I n a d d it ion the organic Dairy industry in the Island took steps to ensure that the imported processed

feed for cows is certified free of GMOs.

2 . T h e Agriculture and Fisheries Committee suspended the programme of research with immediate effect

from the date of the States' debate on 28th September 1999.

T h e G M   lines that included ONLY the Jersey Royal's own genetic code that existed at that time have

been maintained as a subculture in sterile tissue culture and also in tuber produced plants in order to ensure that

the level of resistance can be monitored through the suspension, as this situation has never occurred before. The monitoring is not research or development in any way of the Jersey Royal lines, the tests require nematode bioassays and identification of gene expression in each generation. This serves to protect the Island's valuable investment of nearly 10 years.

I t i s q u i te possible that continuing research worldwide on GM related risks will reveal that the type of

work undertaken by Rothamsted may well be considered safe and acceptable in achieving environmental objectives.

H  a d t h e project been followed through and been successful, as the Deputy knows only too well, the

Island would have been able to remove its dependence on some 30 per cent of the farmed land requiring chemical treatment.

3 . T he article on 11th May referred to DNA fingerprinting that was carried out in 1993 which

demonstrated at the time, as part of the original project, that there was a scientific procedure available which could prove that the Jersey potato was in fact a true Jersey Royal. This procedure is available at more than one laboratory.

 P  u b li c it y through the Department's London-based PR Consultants was decided to be given to this

procedure as it demonstrated how seriously the Island takes its unique potato variety having gone to the lengths of being awarded a EU PDO - Protection of Designation of Origin.

N  o f u r th er research has been carried out on Jersey Royals at Rothamsted since the end of September

1999.

4 . S ince January 2000 IACR-Rothamsted has required an annual fee of £28,000 to cover the staff,

management and materials costs including an annual bioassay and the monitoring of the suspension of active research, which has never occurred anywhere else in the world before. To date £42,000 has been paid to IACR-Rothamsted since the suspension of the work."

Work permits for persons domiciled outside the European Union - questions and answers (Tape No. 657)

Deputy Alan Simon Crowcroft of St. Helier asked Deputy Alastair John Layzell of St. Brelade , President of the Home Affairs Committee, the following questions -

" 1 . W ould the President outline his Committee's policy in respect of the provision of work permits for the employment in Jersey of persons domiciled outside the European Union, and the relevant procedures that have been put in place by the Immigration and Nationality Department?

2 . W  ould the President explain what criteria are used by the Immigration and Nationality Department in

determining applications for such work permits, and would he confirm that any application for Polish staff, for example, will be dealt with according to its merits, and that it is not necessary for a local employer to recruit through any particular organization?

3 . W  ould the President reveal the contents of the Letter of Intent which has been sent by his Committee to

the National Labour Office in Poland?"

The President of the Home Affairs Committee replied as follows -

" 1 . T he policy of the Home Affairs Committee is to grant work permits in those areas where there is a clear shortage of appropriate staff who can be recruited from amongst those who do not require permits to work here. That would include British citizens and citizens of other European Economic Area countries (the EU plus Norway and Iceland). At present, hospitality and agriculture are the two principal employers of seasonal work permit labour.

T h e re l evant procedures put in place by the previous Defence Committee and followed by the

Immigration and Nationality Department under delegated authority are the Immigration (Work Permits) (Jersey) Rules 1995 (R&O 8845).

2 . T h e criteria used by the Immigration and Nationality Department in determining applications for work

permits are contained in the Rules. In essence, a genuine vacancy has to exist, there has to be no one free of permit who can fill the post, the wages and conditions of service have to be on a par with those enjoyed by others in similar employment here and the economy of the Bailiwick should benefit. The Committee may - and usually does - take into account the work experience of the would-be entrant and provision made for accommodating that entrant.

I t i s n o t necessary to recruit through a particular organisation. Individual applications can be, and are,

processed. That said, there are clear advantages in recruiting through trade organisations such as the Jersey Farmers' Union and the Jersey Hospitality Association, both of which have much experience in the recruitment field and have developed partnerships with the Immigration Department. These partnerships have allowed the Immigration and Nationality Department to contain its staff numbers as workload has increased and has given the two industries more involvement in the recruitment and welfare of foreign nationals.

In d e e d , welfare has been and continues to be the principal concern of the Committee. The close

working relationship between the Immigration and Nationality Department and the trade organisations will, in the opinion of the Committee, be the best guarantee that attention is paid to providing pastoral care.

3 . T h e letter of intent which my Vice President presented to the President of the National Labour Office

in Warsaw last autumn was our commitment to work with the NLO wherever possible to provide a controlled stream of seasonal labour for the Island.

I m  i g h t add that a lot of very hard work has gone into structuring and controlling the flow of seasonal

labour, both from Poland and from the Utalii College in Kenya. The template used in this process has been taken on by other countries who are now recruiting from Poland.

S o f a r t his year, 924 work permits have been issued to 27 nationalities. Of those, 755 have been to

Polish nationals and 63 to Kenyans.

Copy of letter from the President of the Home Affairs Committee to Ms. Grazyna Zielinska, President, National Labour Officer, Poland, dated 21st November 2000

M  ay I first thank you for your kind invitation to Warsaw extended to me as President of the Home Affairs

Committee in Jersey. Unfortunately, I am committed to filming in the United Kingdom this week but my Vice-President, Senator Wendy Kinnard, has kindly agreed to travel in my place. She will be accompanied by Deputy Ozouf of the Industries Committee and representatives from the Jersey Hospitality Association, the Chamber of Commerce and my Immigration and Nationality Department.

A  s you know, because you came to Jersey in August, we are a tourist island and our success is dependant

upon finding quality staff. This year, for the first time in a while, we found ourselves short of labour because our traditional source, Madeira, was sending less workers abroad.

A  pproaches were made by the recruitment arm of the Jersey Hospitality Association to relevant offices in

Warsaw and the shortfall was largely made up.

T  he experiment was very successful, so much so that the Jersey Hospitality Association in hoping to fill

about 300 vacancies in 2001 from Polish sources. The Immigration and Nationality Department on behalf of the Home Affairs Committee has worked closely with the Jersey Hospitality Association and will continue to do so in the best interests of employer and employee alike.

I t is the intention of my Committee to continue to support the initiatives being taken to recruit staff from

Poland through the National Labour Office and to ensure that this is done in a controlled way which benefits both the industry and their employees.

I a m sure that by building on the co-operation which already exists between us we will be successful." Policing of demonstrations - questions and answers (Tape No. 657)

The Deputy of St. John asked Deputy Alastair John Layzell of St. Brelade, President of the Home Affairs Committee, the following questions -

" 1 . W ith the ATTAC demonstration having passed peacefully, would the President explain why the Island has an agreement with police forces in the South West of England to assist our local police force when called upon? Why was it necessary to bring members of a Scott ish force to the Island to assist?

2 . W  ould the President inform members of the cost of this operation to the tax payers of the Island,

broken down in several parts, cost in overtime of the local force and the full cost of bringing officers from Scotland with their equipment to assist our local force?

3 . W  here were the visiting officers and men billeted on their stay in the Island?" The President of the Home Affairs Committee replied as follows -

" 1 . I am not aware of the agreement to which the Deputy of St. John refers. There is an agreement with the Devon and Cornwall Constabulary to assist in major crime investigations and it is necessary to have this liaison with a single force to ensure that HOLMES' technology and equipment is compatible. (HOLMES is a computer system designed to support murder investigations and the like.) There are no corresponding agreements for other force activities.

H  o w e v e r, in the year 2000 the States of Jersey Police also obtained mutual aid from South Wales,

Wiltshire, West Midlands and the Kent constabularies and the National Crime Squad. Although Strathclyde was not used in 2000, it has provided assistance in the past.

 T  h e c u r rent Chief Officer is continuing the practice of obtaining assistance from those forces that

appear to have the skills and spare capacity at the appropriate time. In respect of the ATTAC demonstration, Strathclyde was chosen partly because of availability and partly because of its officers' experience in public order policing. Five Strathclyde officers took part in policing the demonstration and the force also supplied three communication specialists.

2 . T h e cost of policing on 9th June 2001 was as follows -

O v e r ti m e fo r Jersey officers   £ 8,000

S tr a th c l y d e m utual aid £ 2 , 8 0 0

A d d i ti o n a l e quipment £ 5 , 0 0 0

T r an s p o r t   £ 6 , 2 5 0  

T  o  t al £ 2 2 ,0 5 0 .

A  ll  o f  w  hich will be absorbed by normal policing budgets. 3 . I n town hotels."

Number of road traffic accidents caused by excessive speed - question and answer (Tape No. 657) Deputy Lyndon John Farnham of St. Saviour asked Deputy Alastair John Layzell of St. Brelade , President of the Home Affairs Committee, the following question -

" I n the States of Jersey Police Annual Report 2000, we are advised that a new database was introduced to develop a comprehensive overview of where', when' and why' reportable road traffic accidents are occurring in Jersey. Some of the results reinforce familiar messages with speed topping the table of contributory causes every month last year and being by far the biggest cause of injury accidents.'

W ould the President inform members -

( a )  h ow many accidents were caused in 2000 wholly or in part due to excessive speed? ( b )  w ould he express this as a percentage of all motor traffic accidents?"

The President of the Home Affairs Committee replied as follows -

" ( a) and (b)

I n Jersey last year there were 903 recorded accidents of which 383 were classified as injury accidents.

O  f these 903 accidents, speed was recorded by the reporting officer as being a contributory factor in 144 of

these cases. This represents 16 per cent of all accidents.

T h e second highest recorded contributory factor was that of alcohol which was recorded as a factor in 10 per

cent of accidents in the year 2000."

Outstanding applications for speed limits - question and answer (Tape No. 657)

Deputy Lyndon Farnham of St. Saviour asked Deputy Alan Simon Crowcroft of St. Helier , President of the Public Services Committee, the following question -

" W ould the President inform members -

 ( a )   h ow many applications for reduction of speed limits are outstanding pending the outcome of the

Island's overall speed limits policy?

( b )  w hen the Committee plans to deal with this policy?

The President of the Public Services Committee replied as follows -

" ( a)  There are currently 18 outstanding requests for a lower speed limit on roads or areas of roads affecting nine parishes. Of these, one ( Grouville Coast Road) was originally requested in 1996, eight requests are outstanding from 1997 to 99, and a further nine have been received since the beginning of 2000.

( b ) T he Public Services Committee met the Home Affairs Committee on 22nd March 2001 to discuss

speed limits policy. We agreed that there was a need for more effective policing of the existing speed limits. As a consequence the Home Affairs Committee undertook to investigate the use of speed cameras and the introduction of penalty points. It was also suggested that there might be merit in having only two speed limits (25 and 35) rather than the four we currently have (15, 20, 30 and 40). The Committee will consider a paper on this proposal in July, after which it will produce a document for consultation, to be made public in the autumn. A firm policy will be brought to the States for debate once the results of the consultation have been assessed at the end of this year."

Outsourcing of services, and regarding the administration of the scheme to provide financial assistance to persons aged over 65 years - questions and answers (Tape No. 657)

Deputy Roy George Le Hérissier of St. Saviour asked Senator Terence Augustine Le Sueur, President of the Employment and Social Security Committee, the following questions -

" 1 . W ould the President advise the States how many services or activities of the Employment and Social Security Department for which the Committee is responsible are outsourced, the total cost of such outsourcing and the number of staff which would be required by the Department to perform these services or activities in-house?

2 . W  ith regard to the decision of the States on 24th April 2001 to charge the Employment and Social

Security Committee with the responsibility of administering for a trial period of one year a scheme providing financial assistance to certain persons over the age of 65 years towards the cost of dental and eye care, would the President advise members -

( a ) w h ether or not the Department has appointed or intends to appoint any staff in support of this

scheme on a temporary basis or otherwise, and, if so, the number and cost of such staff?

( b ) w h e ther it has been decided to outsource the administration of any part of the scheme and to whom

and for what period and the terms and conditions proposed?

(c ) th e grounds on which, as it is understood that the Committee has declined the offer of the

Connétable s to assist with the administration, the Committee declined the offer?

( d ) w h ether or not, having regard to the Committee's previously declared preference for Westfield

Health Scheme, it initially invited competitive offers from more than one company and, if not, why not?

( e ) w h e ther or not Westfield Health Scheme is likely to be prepared to undertake the management of

the scheme for a single year and, if so, how will the terms and conditions of the scheme differ from the original proposal which was for a period of two years?

( f) w h at is the likely date that the scheme will commence?"

The President of the Employment and Social Security Committee replied as follows -

" 1 . A t present the following main services/activities are outsourced. Most have been so for many years and so it is difficult to be precise on the number of staff which would be required by the Department if they were administered in house.

1 .  P r ic ing of all Prescriptions.

2 .  T h e Jersey Dental Scheme (young persons).

3 .  T h e Milk Subsidy Scheme (for senior citizens, expectant mothers and children under five). 4 .  C o n tributions data processing.

5 .  T e c hnical support for the computer system.

T h e t o ta l cost of these services was £271,557 last year and probably saved a minimum of 20 staff. It

also has to be remembered that staff costs are only one part of the equation. Were these functions to be carried out in-house, there would also be all the other usual costs for computer systems, stationery, postage, accommodation and other infrastructure costs.

In a d d i tion, from time to time, the Department outsources ad hoc work, for example, where the expertise does not exist in-house and a considerable amount of work is undertaken by numerous

groups on a voluntary basis, for example, scrutiny of pharmaceuticals before they go on the prescribed list.

2 . (a) The Department has no authority to appoint any additional permanent staff in support of this scheme. It

has been made clear that the Human Resources Committee will not approve any additional resource. The President of Human Resources has stated on numerous occasions that more work should be outsourced, preferably off Island.

W  h a t w  e have done recently in order to make some progress and get a better idea of likely uptake, is

ask people to register with us. One part-time temp is being used to promote the scheme, process initial applications, set up a register and handle enquiries. The cost of the temp is up to £400 weekly depending on the hours required. The aim is to continue with this arrangement to deal with the initial influx of people who are currently entitled to the subsidy and, thereafter, the Department will absorb any new registrations.

( b )  I t has been decided to handle initial registration and eligibility within the Department and to outsource

the day to day administration of the scheme. Negotiations are underway with Westfield at the present time. The terms and conditions are currently being negotiated by a team which includes representatives from my Department and Treasury. However, the basis is that we pay an insurance premium of £109 per year for each person registered in the scheme. In return, Westfield take full responsibility for covering and managing the risk, and paying all claims up to a maximum of £172 for dental costs every year and £60 for optical costs every two years. I should emphasise that all Westfield's set up costs and administration are included within this premium. In addition, any moneys unspent at the end of the year will be ringfenced and 70 per cent returned automatically to the Committee. The remaining 30 per cent will form the basis of a buffer fund until such time as a normal claim pattern can be established.

( c ) T he prime reason, and this has caused us the most difficulty to date, is the inability to predict the

amount which will be claimed in any one year and the difficulty of covering expenditure above the cash limit in any one year. The conclusion that we all reached is that it would not be currently possible for the Parishes to cover the risk should demand exceed the funds available. The only way to do that at a  time when  we have  a strict policy  on cash  limits is  through  an  insurance  based system. The alternative would be to reduce the level of benefits or stop paying claims part way through the year when the money ran out.

( d ) W hen we initially looked at all the options (in-house, through a voluntary organisation like Age

Concern and outsourcing), we were clear that, if outsourced, it should be to a non-profit making insurance based organisation, prepared to take on a relatively small scheme; and

w i th e x p er i e nce of this type of scheme,

w i th a p r o v e n track record

w i th e x p e r ie nce of operating on the Island, and which was prepared to insure the over 65's at a

reasonable premium.

T h e o p t ions were very limited as a recent experience of re-tendering of the Jersey Dental Scheme had

illustrated. Basically, no insurance based organisation tendered for it, so it was a question of seeking out organisations who would fit this criteria and trying to get them interested in taking the scheme on board. We were also aware of the annual cost of the Jersey Dental Scheme which runs at about £100 per person per year for basic cover of dental checks and treatment only so we were able to take a view on the level of any premium charged. The reason Westfield's premium is so low i.e. £109 to cover dental and optical costs is that they charge the same premium rate irrespective of age. In other words, unusually for insurance organisations, they do not increase the premium when someone retires or at any time thereafter, simply on account of age.

( e ) Y es, they are. Negotiations are underway but there is no doubt that the premium will increase if the contract is only awarded for one year. Any organisation, particularly a charitable one, has to cover its

set up costs, administration and claims paid in the year. It cannot make a loss. There is some difficulty with the impact of Deputy Breckon's amendment to our original proposition because my Committee's

intent was to set the scheme up as a continuous one (and indeed the report made it clear that once committed to

this arrangement, the States had to be prepared to continue funding it). The reason for the pilot was primarily to monitor the administration by Age Concern because of their inexperience of running a scheme like this. This is not the case for a professional provider like Westfield, and any contractual arrangements would agree the basis on which the contract would be terminated. Our intention was, and remains, for this to be a long-term arrangement, on a rolling two-year basis, but with the option for either party to terminate the arrangements on three months notice. I am currently seeking advice on this issue, to ensure that we are able to achieve best value for these arrangements. If necessary, I am prepared to come back to the States within the next few weeks to clarify the position.

( f) I cannot give a definite date until any contract is concluded." Re-branding of Jersey Telecoms - question and answer (Tape No. 657)

Senator Christopher Gerard Pellow Lakeman asked Deputy Paul Francis Routier of St. Helier, President of the Tele-communications Board, the following question -

" W ould the President advise members -

( a )  w hen the decision to re-brand Jersey Telecoms was taken, and why? ( b )  t he cost of re-branding?

( c )  t he cost of the insert in the Jersey Evening Post on 7th June, 2001, and would he also provide details of

the printing and distribution costs?"

The President of the Telecommunications Board replied as follows -

" ( a) the decision to re-position Jersey Telecoms' brand was taken in October 2000. It was based on feedback from the Island-wide survey Small World Big Future' which identified a need to place a new focus on our customers. The re-positioning of the brand is an outward sign of this change in approach.

( b ) t he cost of re-branding – including the JEP insert – is £99,568.32.

( c ) t he cost to produce and print the JEP insert was £10,000 and the distribution costs were £2,000."