States Minutes 24th April 2001

THE STATES assembled on Tuesday, 24th April 2001 at 9.45 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 Frank Harris on Walker - out of the Island

S e nator Jean Amy Le Maistre - out of the Island

S e nator Paul Vincent Francis Le Claire - ill

T e rrence John Le Main, Deputy of St. Helier - out of the Island

K e nneth William Syvret M.B.E, Deputy of St. Ouen - out of Island P e ter Nicholas Troy , Deputy of St. Brelade - out of Island

J e nnifer-Anne Bridge, Deputy of St. Helier - out of Island

Prayers

Connétable of St. Clement - illness

The Bailiff , on behalf of the States, welcomed back the Connétable of St. Clement following his recent illness and wished him a full recovery.

Subordinate legislation tabled

The following enactments were laid before the States, namely -

Diseases of Animals (Foot and Mouth - Restrictions No.  10) (Jersey) Order 2001. R & O 62/2001. Social Security (Contributions) (Amendment No.  6) (Jersey) Order 2001. R & O 63/2001.

Social Security (Married Women) (Amendment No. 2) (Jersey) Order 2001. R & O 64/2001. Social Security (Overlapping Benefits) (Amendment No. 3) (Jersey) Order 2001. R & O 65/2001. Social Security (Claims and Payments) (Amendment No. 3) (Jersey) Order 2001. R & O 66/2001.

Social Security (Determination of Claims and Questions) (Amendment No.  2) (Jersey) Order 2001. R & O 67/2001.

Social Security (General Benefit) (Amendment) (Jersey) Order 2001. R  &  O  68/2001.

Social Security (Old Age Pensions and Survivor's Benefit) (Jersey) Order 2001. R & O 69/2001. Telecommunications (Telephones) (Amendment No. 32) (Jersey) Order 2001. R & O 70/2001. Conservation of Wildlife (Amendment) (Jersey) Order 2001. R & O 72/2001.

Diseases of Animals (Foot and Mouth - Restrictions No. 9A) (Jersey) Order 2001. R & O 73/2001.

Petroleum (Licensing) (Fees) (Jersey) Order 2001. R  &  O  74/2001.

Foot-and-Mouth Disease (Amendment) (Jersey) Order 2001. R & O 75/2001.

Civil Service Administration (Salaries) (Amendment No.  21) (Jersey) Order 2001. R & O 76/2001.

Finance and Economics Committee: appointment of member

THE STATES appointed the Connétable of St. Ouen as a member of the Finance and Economics Committee.

Public Services Committee - resignation of member

THE STATES noted the resignation of the Connétable of St.  Ouen from the Public Services Committee.

Matters presented

The following matters were presented to the States -

Financial Report and Accounts 2000.

Presented by the Finance and Economics Committee.

Field 1114, La Grande Route de St Jean, St. Helier - sale of organically grown food (P.192/2000): report - P.192/2000 Rpt.

Presented by the Planning and Environment Committee.

Fireworks: restrictions on sale - petition (P.25/2001): report - P.25/2001 Rpt. Presented by the Home Affairs Committee.

Draft Financial Services Commission (Amendment No. 3) (Jersey) Law 200- (P.39/2001): amendment (P.39/2001 Amd.) - comments. - P.39/2001 Amd. Com.

Presented by the Finance and Economics Committee.

Nonpareil, La Route de Beaumont, St. Peter : sale of site to the Channel Island Co-operative Society Limited (P.63/2001): comments - P.63/2001 Com.

Presented by the Planning and Environment Committee.

Financial assistance for the cost of ophthalmic and dental care for persons aged over 65: proposed scheme - comments.

Presented by the Finance and Economics Committee.

The following matters were presented on 3rd April 2001 -

Public Sector Manpower Report for the period 1st July 2000 to 31st December 2000 - R.C.14/2001. Presented by the Human Resources Committee.

Manpower report for the period 1st October 2000 to 31st December 2000 - R.C.15/2001. Presented by the Industries Committee.

General Reserve: grant of additional funds to 31st December 2000 - R.C.16/2001. Presented by the Finance and Economics Committee.

Financial assistance for the cost of ophthalmic and dental care for persons aged over 65: proposed scheme - comments - P.49/2001 Com.

Presented by the Health and Social Services Committee.

Draft Planning and Building (Jersey) Law 200- (P.50/2001): comments - P.50/2001 Com. Presented by the Finance and Economics Committee.

The following matter was presented on 10th April 2001 -

Parish Rates Review (P.41/2001): comments - P.41/2001 Com. Presented by the Human Resources Committee.

The following matters were presented on 17th April 2001 -

Draft Milk (Sale to Special Classes) (Jersey) Regulations 200- (P.47/2001): comments - P.47/2001 Com. Presented by the Finance and Economics Committee.

Jersey Mineral Strategy 2000-2020 (P.51/2001): report - P.51/2001 Rpt. Presented by the Public Services Committee.

Draft The Royal Bank of Scotland International Limited (Jersey) Law 200- (P.61/2001): report - P.61/2001 Rpt. 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 26th March and 9th April 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 -

26th March 2001

( a ) a s recommended by the Public Services Committee, the purchase from Mrs. Edith Patricia Slater Le

Saint, née Lawton, of an area of land (measuring 114 square feet) at Vicq Farm, La Grande Route des Sablons, Grouville , for the sum of £114 (representing a rate of £1 a square foot) for the purpose of road widening, with the public being responsible for both parties' reasonable legal costs arising from this transaction;

( b ) as recommended by the Health and Social Services Committee, the lease from Mr. Roy Huelin Vibert

of the following properties at Baycroft Close, La Grande Route de St. Clement, St. Clement -

( i) N o . 1 ;

( ii ) N  o . 7; and ( ii i) N o . 9;

f o r a p e r iod of three years from 1st July 2000, at an annual rent for each of £12,319.20, payable

quarterly in advance, subject to annual review in line with the Jersey Retail Price Index, each lease to be subject to three months' notice by the tenant Committee only, with each party to be responsible for its own legal costs arising from these transactions;

(c ) a s  recommended  by  the  Education  Committee,  the entering into  a Deed  of  Arrangement  with

Killarney Limited in order to clarify the southern boundary between the public land upon which St. Clement 's and Le Rocquier Schools were constructed and the adjacent site known as Beach Gardens, in accordance with the terms and conditions set out in a report, dated 8th February 2001, prepared by the Department of Property Services (including the sharing of the cost of the boundary survey), with each party being responsible for its own legal costs arising from this transaction;

( d ) as recommended by the Harbours and Airport Committee, the lease to Huelin Renouf Shipping of the

ground site (Letting No.  N21) at the New North Quay, St. Helier Harbour, for a period of nine years, expiring on

30th April 2009, at an annual rent of £662.14 subject to annual review on 1st November, on the same terms and conditions as had applied to the previous tenant, with each party being responsible for its own legal costs arising from this transaction;

( e ) a s recommended by the Housing Committee, the entering into Deeds of Transaction with Mr. Mark

Jonathan Richard and Mrs. Hazel Amy Richard, née Rive, and Mr. John Anthony Burns in respect of rights of way and service rights to land south of the property "Cobo", Maufant Estate, St. Saviour, as set out in a report, dated 8th January 2001, of the Department of Property Services, and in respect of which the abovementioned would pay the collective sum of £10,000, and also the legal fees and disbursements incurred by the public in relation to this transaction;

( f ) a s recommended by the Harbours and Airport Committee, the lease to Huelin- Renouf Air Freight

Limited first floor office accommodation (Letting No. B136)- measuring 280 square feet) in the Freight Terminal Building, Jersey Airport, for a period of three years from 1st January 2001, at an annual rent of £3,740.80 (representing a rate of £13.36 a square foot), subject to annual review on 1st January 2002 and 2003;

 ( g ) a s recommended by the Harbours and Airport Committee, the lease to T.N.T. Offshore Islands

Express Limited of warehouse accommodation (Letting No. N8- measuring 3,160 square feet), for a period of two years from 1st February 2001, at an annual rent of £16,842.80 (representing a rate of £5.33 a square foot) subject to a rent review on 1st February 2002 in line with the Jersey Retail Price Index, on the basis that each party would be responsible for its own legal costs arising from this transaction;

( h ) as recommended by the Harbours and Airport Committee, the lease to George Troy and Sons Limited

of office accommodation on the New North Quay (Letting Nos. N17 and N20 - measuring a total of 1,184 square feet), for a period of three years from 1st January 2001, at an annual rent of£18,138.25 (representing a rate of £15.32 a square foot), subject to annual review in line with the Jersey Retail Price Index;

9th April 2001

( i) a s r ecommended by the Agriculture and Fisheries Committee, the sale -

( i ) to M r. Peter John Lamy of Fields Nos. 285A, 285C and 359, St. Catherine, St. Martin for a

consideration of £10,000; and

( i i) to M r. Colin Stanley de la Haye and Mrs. Paulette Lamy de la Haye, née Renouf , of Bel Val

Farm, Rue de Fliquet, St. Martin for a consideration of £2,000;

o n th e b a sis that both parties would be responsible for the legal costs of the public arising from these transactions;

( j) a s recommended by the Planning and Environment Committee, the purchase from Kilmory Estates

Limited of an area of land (measuring 5.7.0 vergées) at Le Grouin Headland, St. Brelade 's Bay, St. Brelade, being within a proposed Site of Special Interest and part of the existing coastal footpath, for a consideration of £10, on the basis that the Committee would be responsible for the payment of the vendor's reasonable legal fees together with the services of Professional Hi-Tech Services, who would be utilised in surveying the land for the purpose of the contract;

( k ) a s recommended by the Health and Social Services Committee, the lease from Mr. William Bertram Payn of the property known as 5 Beachside Cottages, La Rue du Pont, Grouville , for a period of five

years from 19th February 2001, at a commencement annual rent of £16,500 (representing a rate of £317.31 a week), with an option to renew for a further two-year period and with revised annual rents in line with the Jersey Retail Price Index figure as at 19th February in 2003 and 2005, on the basis

that each party would be responsible for its own legal costs arising from the transaction;

( l) a s recommended by the Public Services Committee, in relation to the property Beauvoir, Le Mont

Arthur, St. Brelade -

( i) t h e s ale to Mr. Ian Hudson and Mrs. Vivien Hall iwell Hudson, née Marsden, of an area of land

(measuring 464 square feet) to the north-east of their property, for the sum of £928 (representing a rate of £2 a square foot); and

 ( i i) th e entering into a Deed of Arrangement with Mr. and Mrs. Hudson in order to clarify the

northern and eastern boundaries of their property;

o n c o n d it ion that Mr. and Mrs. Hudson pay to the public a further sum of £550 in respect of the legal fees and disbursements it had incurred, together with the sum of £943.50, being the cost of the land survey and the establishment of the boundaries;

( m ) a s recommended by the Harbours and Airport Committee;

(i ) th e lease to Channel Island Travel Holdings Limited of an office located at Alares House

(Airport Letting No. BH4), Jersey Airport (measuring a total of 240 square feet) for a period o three years from 1st April 2001 at an annual rent of £2,980.80 (representing a rate of £12.42 a square foot), subject to annual review on 1st April 2002 and 2003; and

(i i) th e annulment of the lease to Channel Island Travel Holdings Limited of first floor office

accommodation at Alares House (Airport Letting No.  B41), Jersey Airport, for a period of three years until 31st August 2003, with effect from 31st March 2001.

Matters lodged

The following matters were lodged "au Greffe" -

Draft Planning and Building (Jersey) Law 200- (P.50/2001): second amendment - P.50/2001 Amd.(2). Presented by the Planning and Environment Committee.

Committee of Inquiry: procedures for recruitment of Honorary Police Officers - P.67/2001.

Presented by Deputy R.G. Le Hérissier of St. Saviour and referred to the Home Affairs Committee for a report.

Stabilisation of Property Price s and the Provision of Affordable Residential Accommodation - P.68/2001. Presented by Deputy A. Breckon of St. Saviour and referred to the Policy and Resources Committee to co- ordinate the responses of relevant Committees.

Draft Act further amending the Act of the States dated the 18th day of June 1991 establishing a Scheme to subsidise certain dental care - P.69/2001.

Presented by the Employment and Social Security Committee.

Draft Public Holidays and Bank Holidays (No. 2) (Jersey) Act 200- P.70/2001. Presented by the Legislation Committee.

Draft Act amending further the Act of the States dated the 4th day of December 1990, establishing a Scheme to provide compensation for victims of crimes of violence - P.71/2001.

Presented by the Home Affairs Committee.

Committee of Inquiry: Jersey Motor Transport Company (1987) Limited - P.72/2001. Presented by Deputy A. Breckon of St. Saviour.

The following matters were lodged on 3rd April 2001 -

Draft Criminal Justice (Community Service Orders) (Jersey) Law 2001 (Appointed Day) Act 200- P.52/2001. Presented by the Legislation Committee.

Draft Criminal Justice (Community Service Orders - Sentencing Powers) (Jersey) Regulations 200- P.53/2001. Presented by the Legislation Committee.

Projet d'Acte (2001) mettant en vigueur la Loi (1995) (Abrogation) sur les Etrangers. - P.54/2001. Présenté par le Comité des Affaires Intérieures.

Draft Immigration (Designated Ports of Entry and Exit) (Jersey) Act 200- P.55/2001. Presented by the Home Affairs Committee.

Jersey Aero Club Lease - lease of land - P.56/2001. Presented by the Harbours and Airport Committee.

De la Salle College, Beaulieu Convent School and FCJ Primary School: Grant of Funds - P.57/2001. Presented by the Education Committee.

St. Helier Waterfront leisure complex lease: structure of sub-leases - P.58/2001. Presented by the Finance and Economics Committee.

THE STATES noted that, in accordance with Standing Order 22(3) the Education Committee had instructed the Greffier of the States to withdraw the proposition regarding De La Salle College, Beaulieu Convent School and FCJ Primary School: loans (P.84/2000 lodged "au Greffe" on 16th May 2000) having lodged a revised report and proposition.

The following matters were lodged on 10th April 2001 -

Financial assistance for the cost of ophthalmic and dental care for persons aged over 65: proposed scheme (P.49/2001): amendment - P.49/2001 Amd.

Presented by the Deputy of St. John.

Financial assistance for the cost of ophthalmic and dental care for persons aged over 65: proposed scheme (P.49/2001): second amendments - P.49/2001 Amd.(2).

Presented by Deputy A. Breckon of St. Saviour.

Draft Planning and Building (Jersey) Law 200- (P.50/2001): amendments - P.50/2001 Amd. Presented by Deputy J.L. Dorey of St. Helier.

Draft Competition Regulatory Authority (Jersey) Law 2001 (Appointed Day) Act 200- P.59/2001. Presented by the Industries Committee.

Rent Control Tribunal: appointment of members - P.60/2001. Presented by the Housing Committee.

Draft The Royal Bank of Scotland International Limited (Jersey) Law 200- P.61/2001. Presented by the Deputy of St. Mary.

Convent Court, Val Plaisant/David Place and Philips House, Victoria Street, St. Helier : deed of arrangement - P.62/2001.

Presented by the Housing Committee.

Nonpareil, La Route de Beaumont, St. Peter : sale of site to the Channel Island Co-operative Society Limited - P.63/2001.

Presented by the Harbours and Airport Committee.

Draft Housing (General Provisions) (Amendment No.  16) (Jersey) Regulations 200- P.64/2001.

Presented by the Housing Committee.

The following matters were lodged on 17th April 2001 -

Jersey Financial Services Commission: appointment of Commissioners - P.65/2001. Presented by the Finance and Economics Committee.

Beresford House, Bellozanne, St. Helier : variation of terms of lease - P.66/2001. Presented by the Planning and Environment Committee.

Arrangement of public business for the present meeting

THE STATES agreed to defer consideration of the following matters lodged "au Greffe" and set down for consideration at the present meeting -

Draft Companies (Amendment No. 6) (Jersey) Law 200- P.29/2001. Lodged: 20th February 2001.

Finance and Economics Committee.

Jersey Mineral Strategy 2000 - 2020 - P.51/2001. Lodged: 27th March 2001.

Planning and Environment Committee.

Jersey Mineral Strategy 2000-2020 (P.51/2001): report. - P.51/2001 Rpt. Presented: 17th April 2001.

Public Services Committee.

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

Draft  Criminal  Justice  (Community  Service  Orders)  (Jersey)  Law  2001  (Appointed  Day)  Act  200- P.52/2001.

Lodged: 3rd April 2001.

Legislation Committee.

Draft  Criminal  Justice  (Community  Service  Orders - Sentencing  Powers)  (Jersey)  Regulations  200- P.53/2001.

Lodged: 3rd April 2001.

Legislation Committee.

Projet d'Acte (2001) mettant en vigueur la Loi (1995) (Abrogation) sur les Etrangers - P.54/2001. Logé le 3 avril 2001.

Comité des Affaires Intérieures.

Draft Immigration (Designated Ports of Entry and Exit) (Jersey) Act 200- P.55/2001 (re-issue). Lodged: 3rd April 2001.

Home Affairs Committee.

De la Salle College, Beaulieu Convent School and FCJ Primary School: Grant of Funds - P.57/2001. Lodged: 3rd April 2001.

Education Committee.

St. Helier Waterfront leisure complex lease: structure of sub-leases - P.58/2001. Lodged: 3rd April 2001.

Finance and Economics Committee.

Draft Competition Regulatory Authority (Jersey) Law 2001 (Appointed Day) Act 200- P.59/2001. Lodged: 10th April 2001.

Industries Committee.

Rent Control Tribunal: appointment of members - P.60/2001. Lodged: 10th April 2001.

Housing Committee.

Draft The Royal Bank of Scotland International Limited (Jersey) Law 200- P.61/2001. Lodged: 10th April 2001.

Deputy of St. Mary.

Draft The Royal Bank of Scotland International Limited (Jersey) Law 200- (P.61/2001): report - P.61/2001 Rpt.

Presented: 17th April 2001.

Finance and Economics Committee.

Nonpareil, La Route de Beaumont, St. Peter: sale of site to the Channel Island Co-operative Society Limited - P.63/2001. Lodged: 10th April 2001.

Harbours and Airport Committee.

Nonpareil, La Route de Beaumont, St. Peter: sale of site to the Channel Island Co-operative Society Limited (P.63/2001): comments - P.63/2001 Com.

Presented: 24th April 2001.

Planning and Environment Committee.

Arrangement of public business for the next meeting on 15th May 2001

THE STATES confirmed that the following matters lodged "au Greffe" would be considered at the next meeting on 15th May 2001 -

Draft Planning and Building (Jersey) Law 200- P.50/2001. Lodged: 27th March 2001.

Planning and Environment Committee.

Draft Planning and Building (Jersey) Law 200- (P.50/2001): comments - P.50/2001 Com. Finance and Economics Committee.

Draft Planning and Building (Jersey) Law 200- (P.50/2001): amendments - P.50/2001 Amd. Lodged: 10th April 2001.

Deputy J.L. Dorey of St. Helier.

Draft Planning and Building (Jersey) Law 200- (P.50/2001): second amendment - P.50/2001 Amd.(2). Lodged: 24th April 2001.

Planning and Environment Committee.

Jersey Aero Club Lease - lease of land - P.56/2001. Lodged: 3rd April 2001.

Harbours and Airport Committee.

Jersey Financial Services Commission: appointment of Commissioners - P.65/2001. Lodged: 17th April 2001.

Finance and Economics Committee.

THE STATES rejected a proposition of Deputy Jeremy Laurence Dorey of St. Helier to defer consideration of the draft Planning and Building (Jersey) Law 200- (P.50/2001 lodged "au Greffe" on 27th March 2001) to a subsequent meeting.

Members present voted as follows -

"Pour" (18)

Senators

Bailhache , Syvret, Kinnard, Lakeman. Connétable s

Trinity , St. Clement, St. Mary . Deputies

St. Mary, Duhamel(S), Routier(H), Huet(H), St. Martin, St. John, G. Baudains(C), Dorey(H), Scot Warr en(S), Le Hérissier(S), Martin(H).

"Contre" (26)

Senators

Horsfall, Stein, Quérée, Norman, Le Sueur.

Connétable s

St. Peter , Grouville , St. Martin, St. Saviour , St. Brelade, St. Lawrence, St. John. Deputies

H.  Baudains(C), S.  Baudains(H), Trinity , Layzell(B), Breckon(S), Grouville , Crowcroft (H), Vibert (B) St.  Peter, Dubras(L), Voisin(L), Farnham (S), Ozouf (H), Fox(H).

Projet withdrawn under Standing Order 17(6)

THE STATES noted that in accordance with Standing Order 17(6) the following matter had been withdrawn -

Draft Piercing and Tattooing (Jersey) Law 200- P.52/2000. Lodged: 11th April 2000.

Health and Social Services Committee.

Senator Frank Harris on Walker - attendance

Senator Frank Harris on Walker , having returned to the Island during consideration of the arrangement of public business for the next meeting, was present for the remainder of the meeting.

Introduction of legislation concerning the minimum wage, unfair dismissal and maternity pay - questions and answers (Tape No. 642)

Senator Corrie Stein asked Senator Terence Augustine Le Sueur, President of the Employment and Social Security Committee, the following questions -

" 1 . The States approved on 12th December 2000 on a proposition, as amended, of the Employment and

Social Security Committee the introduction of legislation to facilitate the introduction of the minimum wage,

including the provision to introduce pay statements, and to offer protection from unfair dismissal.' Would the President advise members -

(a ) w h e n the Committee intends to bring forward legislation for States consideration on unfair

dismissal, and consequently on minimum pay and maternity rights to this Assembly?

(b ) w o u ld the President assure members that more than £3.70 per hour, plus inflation, will be

proposed by the Committee as a minimum wage bearing in mind that (i) the majority of members wished this during the Minimum Wage Legislation debate which took place on 16th March 1999, and (ii) the cost of living is much higher in Jersey than in the United Kingdom.

2 . I s the President aware that so far the introduction of a minimum wage has had no effect on job losses

according to the Confederation of British Industry which scrutinizes minimum pay thoroughly in the United Kingdom, and that in most other Northern and Western European countries, minimum pay has been in place since the early and mid 1950s?

3 . D uring the recent Budget debate the United Kingdom has increased paid maternity leave to 26 weeks.

Would the President advise members whether -

( a ) t h e C ommittee is considering extending the same benefits to expectant women in Jersey when it

introduces legislation on maternity rights bearing in mind that this is a much better policy for mothers and that it might help them to return to work at the end of the 26 weeks?

( b ) t h e C ommittee proposes to offer fathers two weeks' paid paternity leave in line with the United

Kingdom policy?

( c ) th e Committee would agree, as proposed in the United Kingdom, that parents who adopt in

Jersey, should in future qualify for the full range of benefits enjoyed by birth parents?"

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

"1 . ( a )   R eports and propositions on the introduction of legislation for minimum wage and employ-ment,

including unfair dismissal, have been approved by the States, the latter (Projet 99/2000), as the Senator has said, only last December.

I t i s n o t o n l y unfair dismissal legislation that is holding up minimum pay and maternity rights.

There are, in fact, a number of other provisions needed to make these work such as ensuring proper contractual arrangements exist from the start, that pay statements are issued to all staff and that there are conciliation and enforcement bodies in place. Maternity rights also need to be underpinned with anti-discrimination legislation. This is all clearly explained in the report submitted to the States and debated last December. In essence a basic framework of employment legislation is needed, and that we are now progressing.

T h e fi r st p h as e includes unfair dismissal as it relates to maternity issues. Just to clarify the phrase

maternity rights', members may wish to re-read P.99/2000 which goes into some detail on other aspects of maternity rights, which are included in the next phase.

T h e L a w D r a f tsman has advised that work on the minimum wage legislation can begin in parallel

with the new employment law. Law Drafting briefs have been prepared or are in the process of being prepared on each of the main parts of the first phase of the legislation. As members may recall, we are committed to consulting fully on the details through the Employment Forum. The Forum is just completing its work on the enforcement mechanisms and have started consulting on detailed aspects of the unfair dismissal proposals. I aim to bring both the Employment and Minimum Wage Laws to the States by the end of this year.

( b ) A  lt h ough many members supported an increased rate at the time, an amendment to that effect

was, in fact, narrowly defeated. Clearly time has moved on and situations will have changed. Members may wish to refer back to the Minimum Wage Legislation (P.227/1998) which sets out the process for determining and increasing a minimum wage rate, namely that an independent body (the Employment Forum) would advise the Committee on a minimum wage rate, having examined all the relevant evidence and consulted widely. Based on that advice, the Employment and Social Security Committee would make recommendations to the States. The Employment Forum will begin work on this after advising on the unfair dismissal provisions.

I w  o u ld a d d t h at there are many issues to take into account in determining a minimum wage, not

simply the cost of living. On the last occasion, we commissioned a full economic impact assessment of various rates of minimum wage. I am advised that the Employment Forum will revisit that evidence and update it as necessary.

2 . Y es.

H  o w e v e r , in terms of the impact of the minimum wage system in the United Kingdom, we would

normally look to Government sources for evidence of any effects. As far as I am aware, the United Kingdom Government erred on the side of caution by introducing minimum wage at a reasonably low rate so as to minimise the impact. I believe that other countries have also rightly taken a cautious approach when first introducing minimum wage systems.

3 .( a )  A s members will be aware from the Employment Legislation report and the previous States

Strategic Policy Review and Action Plan, the States have agreed, in principle, to introduce a maternity policy throughout the Island to match that offered by the States of Jersey. This entitles a female States employee who has been employed on a permanent basis for a period of at least one year to have 18 weeks maternity leave and to receive maternity pay at a rate of 90 per cent of her salary for a period of 12 weeks. The Employment and Social Security Committee is therefore working towards implementation of that decision. Concerns expressed by small businesses during the consultation process have led us to appreciate that this is a big enough step to take initially.

( b ) The Committee is not proposing to cover this aspect in the first phases of the Employment

Legislation. The report and proposition, to which I have referred, stated that other family friendly policies would be developed towards the end of the current programme. There are so many issues to be dealt with and we have to recognise that each has its own economic impact. Our proposition set an order of priorities which the States only recently approved.

(c ) The Committee has already approved the principle of giving equal maternity grants to parents who

adopt. We are advised by the Law Draftsman that the changes needed to existing legislation are not simple ones. The Committee will be looking to see if there needs to be a separate benefit for adoptive parents which can be introduced more quickly by an Act of the States. In terms of other benefits and credits available to families, there is no differentiation between those who have natural or adopted children. For example, Family Allowance is based on the family unit, however that might be comprised. The recently introduced home responsibilities' credits will be awarded to the parent staying at home to care for the child, adopted or otherwise, for up to five years."

Supply of television aerials to States tenants' homes - question and answer (Tape No. 642)

Deputy Judith Ann Martin of St Helier asked Deputy Harry Hall ewell Baudains of St. Clement, Vice-President of the Housing Committee, the following question -

" W o uld the President inform members how much, on average, the Department paid to the company that supplied all the television aerials to States tenants' homes during the last two years?"

The Vice-President of the Housing Committee replied as follows -

" T h e Committee has contracts with two companies for the provision of a basic television reception service. This service is provided to 3,659 of the Committee's 4,600 dwellings. One company, Newtel, is responsible for the service to the majority of dwellings and was paid £78,097 in 1999 and £80,808 in 2000. The other company, Channel Rentals, was paid £1,524 in 1999 and the same again in 2000.

Tenants receiving this service are recharged the cost, about 45p week, with their rent."

Proposed duty-free at Jersey Airport - question and answer (Tape No. 642)

Deputy Roy George Le Hérissier of St. Saviour asked the Deputy of St. Mary, President of the Harbours and Airport Committee, the following question -

"Would the President confirm when it is intended to open the duty-free shop at the airport and, if delays have been encountered, would he identify what these are and what the effect is upon the proposed timetable for opening the shop?"

The President of the Harbours and Airport Committee replied as follows -

" S ince the Policy and Resources Committee agreed that, for Jersey Airport, incorporation ... was not appropriate', the Harbours and Airport Committee has agreed to take part in a study into the Financial Future of the Airport. That study will be carried out by Oxford Economic Research Assistants (OXERA) in the near future.

T h e study will analyse the future funding needs of the airport and, in view of its position as a strategic Island

asset, whether all of its financial needs should be met from landing dues and airport revenue surpluses or whether the taxpayer should make some form of contribution. The profits from a duty free shop form part of that study.

T h e Harbours and Airport Committee wishes to see a duty free shop at the airport and will bring forward a

report and proposition to the States when the outcome of the funding study is known."

Tax liabilities for 1999 - questions and answers (Tape No. 642)

Senator Stuart Syvret asked Senator Frank Harris on Walker , President of the Finance and Economics Committee, the following questions -

" 1 . W  ould the President provide members with details of the tax liabilities that arose in 1999, broken down by standard industrial classification and would he include for comparative purposes the same information for the years from 1992?

2 . I n r espect of 1999, would the President inform members of the percentage of tax liability attributable

to personal taxation and the percentage attributable to corporate taxation for each of the sectors described above?"

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

" 1 . A s at 31st December, 2000 the income tax charged for the year of assessment 1999 amounted to £331.00 million.

T h i s e x c l udes tax charged on those involved in the supply of gas, water and electricity and on those

few people running private schools in order to preserve their confidentiality.

T h e fi g u r e of £331.00 million breaks down as follows - A . B Y I N DUSTRY £ m il lio n

       1 . A g r ic u ltu  r e 3 . 2 7  

       2 .  Fis  h in g 0 . 2 1  

       3 . Q u a r ry in  g in c lu d e d in construction

       4 . M a n u f a c tu r in  g  1 . 8 6  

       5 . E le c tr i c ity  , G a s , Wa te r n ot supplied

       6 . C o n str u ct io  n a n d Q u arrying  6 . 1 9  

       7 . Wh o le s a le a n d Retail  1 1 . 8 3

8 . H o t e ls a n d R e sta urants 5 . 8 8

       9 . T r a n s p o rt an d c o mmuni-

               c a tio  n s  2 . 1 4                    1 0 . Fin a n c ia  l In te  r m ediation  1 5 2 . 8 2

       1 1 . R e a l E s t a te (f e e income)  0 . 3 2  

1 4 . H e a lth a n d So cia l Work 1 . 7 7

       1 5 ( i) O th e r b u s in  es s services  9 . 7 1  

1 5 ( ii ) O th e r c o m m u n ity , social

a n d p e rs o n a l s e rv ic e s 7 . 1 7

       1 6 . Pr iv a t e h o u s e h o lds with

       e m p lo  y e es n o re c o r d s k e p t

S ta n d ard Industrial classification 12 (Public Administration and Defence) and 13 (Education) have been

excluded because no direct tax revenue arises from those activities carried on by the States. Similarly, the figures given under 14 (Health and Social Work) and 15 (ii) (other community social and personal services) reflect only the profits of private providers.

B . B  Y IN  DIVIDUALS

E m p l o y e e s   9 2 .9 9   R e n ti e r s a n d retired 2 1 . 6 7

C . B  Y O T HERS

In v e s t m e n t H olding Companies 1 3.17

T h e se f ig ures have been compiled on the same basis as before and have been published in the

Treasurer's 2000 Financial Report and Accounts which was released today. The general conclusion to be drawn is one of a strong economy continuing to grow at a healthy rate. Over the years 1992 to 1999 the figures show an increase of 61 per cent or more than 8.7 per cent a year, a result that would be the envy of many other places around the world.

T h e S e n a tor also asked me to provide, for comparative purposes, the same information for the years

1992 to 1998. In reply I would refer him to the answers I gave to the States on 16th February, 1999 and 4th April, 2000 when I presented those figures in answer to similar questions.

I d o n o t p ropose to read out those figures again but members will find with their papers a copy of the

information I gave them at those times.

2 . T h e split between the tax on profits made by companies (corporate taxation) and the tax on profits

made by self employed individuals (personal taxation) within the sectors mentioned earlier is as follows -

B Y I N D U ST RY C O M P ANIES INDIVIDUALS

£ . m il lio   n    

  A  g ric  u ltu  re     1 .8 4 = 5 6 %   1 . 4 3 = 44%   Fis h in g     0 . 0 8 = 3 8 % 0 . 1 3 = 62%

M a n u fa c tu rin g 1 .7 5 = 9 4 % 0 . 1 1 = 6% C o n s tr u c t io n and

Q  u ar r y in g     4 .1 5 = 6 7 % 2 . 0 4 = 33% Wh o le s a le  a n d Retail 1 0 . 1 6 = 86% 1 . 6 7 = 14% H  o te ls a n d R  estaurants 5 . 2 7 = 90% 0 . 6 1 = 10% T r a n s p o rt a n d com-

m  u n ic a tio  n s     1 . 8 4 = 8 6 % 0 . 3 0 = 14% Fin a n c ia l I n te rmediation  149.49 = 98% 3 . 3 3 = 2% R e a l E s t a te ( f ee income) 0 . 1 4 = 44% 0 . 1 8 = 56% H  ea lth   a n d So   cial Work 0 .3 5 = 20% 1 . 4 2 = 80% O  th e r b u s in  es s services 1 .3 7 = 14% 8 . 3 4 = 86% O  th e r c o m  m u nity, social

a n d pe r s o n a l services 4 .3 1 = 60% 2 . 8 6 = 40%

Tax payable by employees is, of course, all personal taxation but there is no information to analyse the tax payable by employees by reference to the jobs they do.

T  h e t a x payable by rentiers and the retired is all personal taxation and tax payable by Investment

Holding companies is all corporate taxation.

O  f t h e t o tal tax charged for the year of assessment 1999 59 per cent was corporate taxation, 41 per

cent was personal taxation.

L  a st y e a r, after giving the split of the Island's Tax Revenues, as between corporate and personal

taxation I agreed, in answer to a supplementary question from Senator Syvret, to provide the States with comparative figures for the member States of the European Union. Following research into this matter, a statement was prepared but, unfortunately, I overlooked bringing it to members' attention. I would now like to rectify that omission. The statement reads as follows -

1 . M  e m bers will recall that, on 4th April last in answer to a question from Senator Syvret I gave

details of the split of the Island's tax revenues as between corporate and personal taxation.

2 . In r e ply to a supplementary from the Senator, I said that I would provide the House with similar

details in respect of the taxation revenues of the member states of the European Union.

3 . S o m  e time has been spent on researching this matter but the United Kingdom Inland Revenue

publishes the only useful statistics in the public domain. None of the 14 other members publishes information in a form which allows the details requested to be extracted.

4 . T h e only possible course of action would be a direct approach to the fiscal authorities of each of

the countries concerned but the outcome of that is, to say the least, uncertain and our lawyers have advised that substantial costs would be involved.

5 . In t h e light of our lawyer's advice, I have no alternative but to say that the cost of providing this

information would far outweigh any known benefits.

Letter forwarded to the Director of the Jersey Heritage Trust - questions and answers (Tape No. 642)

The Deputy of St. Martin asked Senator Frank Harris on Walker , President of the Finance and Economics Committee, the following questions -

" 1 . D u ring Question Time on Tuesday 27th March, the President confirmed that a confidential letter received by him (in October 1998) had been forwarded to the Director of the Jersey Heritage Trust against the wishes of the author. Would the President confirm that he did not personally forward the letter as it was forwarded, within a week of him receiving it, by a member of the Treasury. If the answer is in the affirmative, would the president explain why the author's consent was sought a week

after the letter had actually been sent?

2 . I n an answer to a supplementary question the President stated that he had sought the opinion of the

Solicitor General as to the merits of forwarding that confidential letter. Would the President advise members of the date he sought that opinion? If that opinion has only recently been sought, why was it not sought at the time of his receipt of the letter in October 1998?

3 . W  h en answering a supplementary question, the President alluded to the fact that other avenues were

available to the author. To assist the author or any other public spirited person who might want to pass on confidential information, would the President advise what avenues he has in mind?

4 . I n v iew of the fact that the author wrote as a private individual and his letter contained valid concerns

about potential waste of taxpayer's money being spent on Mont Orgueil Castle, would the President advise whether the Committee investigated his queries? If the answer is in the affirmative, what were the conclusions? If the answer is in the negative, why not?

5 . I n a nswer to a further supplementary question the President, when referring to a circular distributed by

Deputy Gerard Baudains in respect of work carried out at Mont Orgueil Castle claimed that the circular sadly contains many inaccuracies and in some respects were just plain wrong and I will be making a statement correcting that in the very near future'. Would the President advise members when he intends to make that statement?"

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

" D ue to my absence from the Island on Wednesday of last week, I only received the questions from the Deputy of St. Martin on Thursday.

T  hey are not questions I can delegate to anyone else and they require me to consult with both the Jersey

Heritage Trust and the Solicitor General before compiling my answers. My other political commitments have made this impossible in the time remaining.

A  ccordingly, I apologise to the Deputy but I will not be able to answer his questions until the next meeting of

the States on 15th May 2001.

 I can, however, confirm that my response to the document circulated to all States members by Deputy

Baudains and referred to in the Deputy of St. Martin's fifth question will be circulated later this week."

New computer retail outlet in St. Helier - questions and answers (Tape No. 642)

The Deputy of St. Martin asked Deputy Maurice François Dubras of St. Lawrence, President of the Industries Committee, the following questions -

"T  h e latest Industries Committee's Manpower Report (R.C.15) shows that there are 3,410 job vacancies in

the Island of which 640 are in the wholesale and retail trades sector and a further 70 in computer and related activities. It has been reported that Time Computers, a large United Kingdom computer retailer has opened an outlet in St. Helier . In view of the large number of job vacancies and that the Committee should have particular regard for the population and immigration policy recommendations adopted by the States in November 1997, would the President -

(a ) give details of the licence granted under Regulation of Undertakings and Development (Jersey) Law

1973, as amended, in respect of the number of staff the Company are able to employ?

(b ) g ive details of the terms and conditions under which the licence for qualified persons was issued? (c ) g ive details of the terms and conditions under which the licence for unqualified persons was issued?