States Minutes 5th November 2002

THE STATES assembled on Tuesday, 5th November 2002 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 Pierre François Horsfall, O.B.E. - out of the Island

S e nator Christopher Gerard Pellow Lakeman - out of the Island

D e rek Ryder Maltwood, Deputy of St.  Mary - out of the Island

S h irley Margaret Baudains, Deputy of St. Helier - out of the Island

A l an Breckon, Deputy of St. Saviour - ill

K e nneth William Syvret, M.B.E., Deputy of St.  Ouen - out of the Island

Prayers

Welcome to Connétable of Trinity

The Bailiff on behalf of members, welcomed the newly-elected Connétable of Trinity , Mr. John Le Sueur Gallichan.

Greffier of the States - oath of office

The President administered the oath of office to the newly appointed Greffier of the States, Michael Nelson de la Haye, Esquire.

Deputy Greffier of the States - oath of office

The President administered the oath of office to the newly appointed Deputy Greffier of the States, Mrs. Anne Helen Harris , née Moore .

Subordinate legislation tabled

The following enactments were laid before the States, namely -

Civil Service Administration (Salaries) (Amendment No.  22) (Jersey) Order 2002. R & O 127/2002.

Mo t or Vehicle Registration (General Provisions) (Amendment No.  10) (Jersey) Order 2002. R & O 128/2002. Mo t or Traffic (Cabs - Fares and Charges) (No.  2) (Jersey) Order 2002. R & O 129/2002.

Home Affairs Committee - resignation of member

THE STATES noted the resignation of Deputy Alan Breckon of St.  Saviour from the Home Affairs Committee.

Matters presented

The following matters were presented to the States -

Telecommunications (Jersey) Law 2002 - social and environmental policies - R.C.43/2002. P r esented by the Industries Committee.

Ma np ower report for the period 1st January 2002 to 30th June 2002 - R.C.44/2002. P r esented by the Industries Committee.

Constitution and membership of the States: referendum (P.183/2002) - comments - P.183/2002 Com. P r esented by the Special Committee on the Composition and Election of the States Assembly.

Constitution and membership of the States: referendum (P.183/2002) - comments - P.183/2002. Com.(2). P r esented by the Policy and Resources Committee.

Draft Housing (General Provisions) (Amendment No.  17) (Jersey) Regulations 200- (P.189/2002): comments - P.189/2002. Com.

P r esented by the Finance and Economics Committee.

Draft Housing (General Provisions) (Amendment No. 17) (Jersey) Regulations 200- (P.189/2002): amendments (P.189/2002  Amd.): comments- P.189/2002. Amd.Com.

P r esented by the Finance and Economics Committee.

Draft Housing (General Provisions) (Amendment No. 17) (Jersey) Regulations 200- (P.189/2002 Amd.): Amendments (P.189/2002 Amd.): Report - P.189/2002 Amd.Rpt.

Presented by the Housing Committee.

La Collette Phase  II: bus garage and workshop - proposed lease to Connex Transport Jersey Ltd. (P.190/2002): comments - P.190/2002. Com.

P r esented by the Finance and Economics Committee.

The following matters were presented on 29th October 2002 -

States of Jersey Law 1966, as amended: delegation of functions - Fire Precautions (Jersey) Law 1977, as amended - R.C.42/2002.

P r esented by the Home Affairs Committee.

Tax Information Exchange Agreement with the United States of America (P.172/2002) - advice of H.M. Attorney

General - P.172/2002. Rpt.

P r esented by the Policy and Resources Committee.

Machinery of Government: structure of the Executive (P.191/2002) - comments - P.191/2002. Com. P r esented by the Human Resources Committee.

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

THE STATES noted an Act of the Finance and Economics Committee dated 30th October 2002 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 Public Services Committee, the lease to the Jersey Longboard Riders

Association of the use of Lewis Tower, La Grande Route des Mielles, St. Ouen, for a period of three years from 1st December 2002 at an annual rent of £250, subject to annual rent reviews in line with the Jersey Retail Price Index, and subject to the prospective tenant agreeing to contribute a sum of £1,250 towards works undertaken at the Tower by the Committee, on the basis that each party would be responsible for its own legal costs arising from this transaction;

( b ) as recommended by the Harbours and Airport Committee, the lease to Hall mark Cars Limited of the site

adjacent to the Freight Building, Jersey Airport, at an annual rent of £20,000 to be reviewed annually in line with the Jersey Retail Price Index, conditional upon the Company's continued operation of the car hire concession, the lease to run concurrently with the existing car hire concession period to terminate on 31st December 2020, with an option to renew the lease for a further period of 21 years. It had been agreed that, subject to planning approval, the first floor accommodation could be sub-let to a third party, providing the Committee received 20 per cent of the rental. It had also been agreed that an addendum would be made to the concession agreement specifying that there would only be two car rental concessionaires at the Airport until the termination of the Spellbound/Hertz contract on 31st December 2017;

( c ) as recommended by the Public Services Committee, the purchase from Feature Limited of a strip of land

(measuring 336 square feet) situated at the front of No. 13 Union Street, St. Helier (required for roa widening purposes), for the sum of £336 (representing a rate of £1 a square foot), together with a compensation payment of £1,500 in respect of recently undertaken improvement works, with the Committee to be responsible for both parties' legal costs arising from this transaction;

( d ) as recommended by the Harbours and Airport Committee, the lease to Mr. Christopher Alan Melville of

La Folie Inn, St.  Helier (Letting No.  LF3) for a period of three years deemed to have commenced on 1s June 2002, at an annual rent based on 12  per cent of gross takings (approximately£19,800);

( e ) as recommended by the Harbours and Airport Committee, the lease to GT Marine 2002 of an area of

land adjacent to La Collette Boat Maintenance area (Letting No. LB1AA) for a period of three years deemed to have commenced on 1st August 2002, at an annual rent of £860 (representing a rate of £2 a square foot), subject to annual review in line with the Jersey Retail Price Index, under terms and conditions identical to those which applied to the company's existing contract lease site (Letting No. LB1A);

( f) as recommended by the Agriculture and Fisheries Committee, the acquisition from Mrs. Laura Maud Le

Ruez, née Bailhache , Mrs. Ellen may Vibert , née Amy, and Mr. Arthur Stanley Le Ruez of an area of land within Field No.  121, St.  Mary (measuring 0.12.18 vergée) for the sum of£1,600, with the public to be responsible for the payment of the vendor's legal fees in lieu of rent relating to the use of the land by the Committee in recent years.

Matters lodged

The following matters were lodged "au Greffe" -

Budget 2003.

P r esented by the Finance and Economics Committee.

Draft Employment (Jersey) Law 200- (P.187/2002): amendments - P.187/2002 Amd. P r esented by the Employment and Social Security Committee.

Draft Telecommunications (Jersey) Law 2002 (Appointed Day) (No.  2) Act 200- P.196/2002. P r esented by the Industries Committee.

Training and Employment Partnership: transfer of responsibility from the Employment and Social Security Committee to the Economic Development Committee - P.197/2002.

P r esented by the Employment and Social Security Committee.

Jersey Airport: future funding - P.198/2002.

P r esented by the Harbours and Airport Committee.

Draft Parish Rate (Administration) (Jersey) Law 200- P.199/2002. P r esented by the Legislation Committee.

Le Talus, La Rue du Nord, St.  John, sale of land, and at Fremont Headland, St.  John, acquisition of land- P.200/2002.

P r esented by the Public Services Committee.

Draft Royal Bank of Canada (Jersey) Law 2000 (Appointed Day) (No.  2) Act 200- P.201/2002. P r esented by the Finance and Economics Committee.

Magistrate's Court, Union Street, St. Helier: approval of drawings- P.202/2002. P r esented by the Finance and Economics Committee.

Planning and Building Core Service: strategy for future funding - P.203/2002. P r esented by the Planning and Environment Committee.

Draft Telecommunications (Transfer) (Jersey) Regulations 200- P.204/2002. P r esented by the Finance and Economics Committee.

Population Policy - P.205/2002.

P r esented by the Policy and Resources Committee.

Planning and Building (Jersey) Law 2002 - removal of third party appeals - P.206/2002. P r esented by the Planning and Environment Committee.

Five Oaks Roundabout, St. Saviour: transfer of administration of land- P.207/2002. P r esented by the Housing Committee.

States Abattoir, La Collette, St.  Helier: transfer of administration- P.208/2002. P r esented by the Agriculture and Fisheries Committee.

Draft Island Planning (Exempt Operations) (Jersey) Regulations 200- P.209/2002. P r esented by the Planning and Environment Committee.

The following matters were lodged on 29th October 2002 -

Machinery  of  Government:  departmental  structure - allocation and  monitoring  of  public  sector  manpower numbers - P.192/2002.

P r esented by the Policy and Resources Committee.

Draft Subordinate Legislation (Amendment No.  3) (Jersey) Law 200- P.193/2002. P r esented by the Legislation Committee.

Draft Interpretation (Amendment) (Jersey) Law 200- P.194/2002. P r esented by the Legislation Committee.

Draft Transfer of Functions (Home Affairs Committee) (Jersey) Act 200- P.195/2002. P r esented by the Home Affairs Committee.

Draft Parish Rate (Administration) (Jersey) Law 200- P.206/2001

THE STATES noted that in accordance with Standing Order 22(3) the President of the Legislation Committee had instructed the Greffier of the States to withdraw the proposition regarding Draft Parish Rate (Administration) (Jersey) Law 200- (P.206/2001 lodged "au Greffe" on 18th December 2001), the Committee having lodged "au Greffe" a revised proposition (P.199/2002) at the present meeting.

Planning and Building Core Services: strategy for future funding - P.143/2002

THE STATES noted that in accordance with Standing Order 22(3) the President of the Planning and Environment Committee had instructed the Greffier of the States to withdraw the proposition regarding Planning and Building Core Service: strategy for future funding (P.143/2002 lodged "au Greffe" on 27th August 2002), the Committee having lodged "au Greffe" a revised proposition (P.203/2002) at the present meeting.

Arrangement of public business for the next meeting on 12th November 2002

THE STATES rejected a proposition of Deputy Philip Francis Cyril Ozouf of St. Helier that the proposition of the Special Committee on the Composition and Election of the States Assembly regarding Machinery of Government: composition and election of the States Assembly (P.186/2002 lodged "au Greffe" on 8th October 2002) be deferred from the next meeting to a later date.

Members present voted as follows -

"Pour" (19) Senators

Stein, Quérée, Le Claire.

Connétable s

Grouville , St.  Ouen, St.  Saviour, St.  Mary, St.  John, St.  Clement, St.  Helier. Deputies

Grouville , St. Martin, G. Baudains(C), Troy (B), Le Hérissier(S), Ozouf (H), Bridge(H), Martin(H Southern (H).

"Contre" (26) Senators

Le Maistre, Bailhache , Norman, Kinnard, Le Sueur. Connétable s

St.  Martin, St.  Brelade, St.  Lawrence, St.  Peter, Trinity . Deputies

H.  Baudains(C), Trinity , Duhamel(S), Routier(H), Layzell(B), Huet(H), St.  John, Le  Main(H), Vibert (B St.  Peter, Dubras(L), Dorey(H), Voisin(L), Scott   Warr en(S), Farnham (S), Fox(H).

Additional meeting

THE STATES agreed to hold an additional meeting on 12th November 2002 in order to consider certain public business proposed to be set down for the current session.

Deputy of St.  Ouen- attendance

The Deputy of St. Ouen, having returned to the Island, arrived in the Chamber during consideration of the arrangement of public business for the next meeting on 12th November 2002, and was present for the remainder of the sitting.

Arrangement of public business for the next meeting on 12th November 2002

THE STATES adopted a proposition of Senator Terence Augustine Le Sueur that the proposition regarding Machinery of Government: composition and election of the States Assembly (P.186/2002 lodged "au Greffe" on 8th October 2002) be considered as the last item of business at the next meeting to be held on 12th November 2002.

Members present voted as follows -

"Pour" (29)

Senators

Quérée, Bailhache , Norman, Walker , Kinnard, Le Sueur.

Connétable s

Grouville , St.  Ouen, St.  Saviour, St.  Brelade, St.  Lawrence, St.  Mary, St.  John, St.  Peter. Deputies

H.  Baudains(C), Duhamel(S), Routier(H), Layzell(B), Huet(H), Le Main(H), Vibert (B), St. Pete St. Ouen, G. Baudains(C), Dorey(H), Troy (B), Voisin(L), Scott Warr en(S), Fox(H).

"Contre" (18)

Senators

Le Maistre, Stein, Syvret, Le Claire. Connétable s

St.  Martin, St.  Clement, St.  Helier, Trinity . Deputies

Grouville , St.  Martin, St.  John, Dubras(L), Farnham (S), Le  Hérissier(S), Ozouf (H), Bridge(H), Marti (H), Southern (H).

THE STATES agreed that the following matters lodged "au Greffe" would be considered at the next meeting on 12th November 2002 -

C o nstitution and membership of the States: referendum - P.183/2002. L o dged: 8th October 2002.

S e nator P.V.F. Le Claire.

C o nstitution and membership of the States: referendum (P.183/2002): comments - P.183/2002. Com. P r esented: 5th November 2002.

S p ecial Committee on the Composition and Election of the States Assembly.

C o nstitution and membership of the States: referendum (P.183/2002): comments - P.183/2002. Com.(2) P r esented: 5th November 2002.

P o licy and Resources Committee.

D r aft Motor Traffic (No.  9) (Jersey) Regulations 200- P.155/2002. L o dged: 10th September 2002.

H o me Affairs Committee.

D r aft Official Publications (Amendment) (Jersey) Law 200- P.188/2002. L o dged: 15th October 2002.

L e gislation Committee.

D r aft Housing (General Provisions) (Amendment No.  17) (Jersey) Regulations 200- P.189/2002. L o dged: 15th October 2002.

H o using Committee.

D raft Housing (General Provisions) (Amendment No. 17) (Jersey) Regulations 200- (P.189/2002):

comments - P.189/2002. Com.

P r esented: 5th November 2002.

F i nance and Economics Committee.

D raft Housing (General Provisions) (Amendment No. 17) (Jersey) Regulations 200- (P.189/2002):

amendments - P.189/2002. Amd.

L o dged: 22nd October 2002.

S e nator P.V.F. Le Claire.

D raft Housing (General Provisions) (Amendment No. 17) (Jersey) Regulations 200- (P.189/2002):

amendments (P.189/2002 Amd.): comments - P.189/2002. Amd.Com.

P r esented: 5th November 2002.

F i nance and Economics Committee.

D raft Housing (General Provisions) (Amendment No. 17) (Jersey) Regulations 200- (P.189/2002):

Amendments (P.189/2002 Amd.): report - P.189/2002. Amd.Rpt.

P r esented: 5th November 2002.

H o using Committee.

M  achinery of Government: departmental structure - allocation and monitoring of public sector manpower

numbers - P.192/2002.

L o dged: 29th October 2002.

P o licy and Resources Committee.

D r aft Subordinate Legislation (Amendment No.  3) (Jersey) Law 200- P.193/2002. L o dged: 29th October 2002.

L e gislation Committee.

D r aft Interpretation (Amendment) (Jersey) Law 200-P.194/2002. L o dged: 29th October 2002.

L e gislation Committee.

D r aft Transfer of Functions (Home Affairs Committee) (Jersey) Act 200- P.195/2002. L o dged: 29th October 2002.

H o me Affairs Committee.

M achinery of Government: composition and election of the States Assembly - P.186/2002. L o dged: 8th October 2002.

S p ecial Committee on the Composition and Election of the States Assembly.

Purchase of properties - questions and answers (Tape No. 786)

The Deputy of St. John asked Deputy Terence John Le Main of St. Helier, President of the Housing Committee the following questions -

" 1 . In the Royal Court recently the public purchased the following properties -

1 4 L e J a r din de la Hauteur, St.  Helier for the sum of£270,000; and

R o z e l H o use, Trinity for £455,000.

W i ll the President give the reasons for the purchase of these properties and explain why these

transactions have not yet been reported to the States on the Order Paper?

2 .  Will the President inform members how many similar transactions have taken place over the last five

years and give the total value of the properties purchased?"

The President of the Housing Committee replied as follows -

" 1 . The two properties to which the question refers were purchased by the public of the Island on behalf of full-time permanent approved 1(1)(j) category employees of the States in accordance with the terms of the Assisted House Purchase Scheme.

W  h e n the States originally approved the scheme in 1977, and again in 1985, the approval gave blanket

authority to the Committee to purchase properties for a particular purpose, and the Attorney General and the Greffier of the States were authorised accordingly. These properties are not purchased under Standing Orders, they are purchased by virtue of Acts of the States.

2 .  Since January 1998 there have been 39 individual acquisitions under the Scheme of properties which

have a total valuation of £14,541,000. I should point out that the purpose of the Scheme is to enable the States, when recruiting for senior posts which cannot be filled by local applicants, to compete on an even footing with the private sector. The Scheme protects the integrity of the requirements of the Housing (Jersey) Law 1949, as amended, and Loans granted are all charged at commercial lending rates - there is no interest subsidy."

Spending cuts - question and answer (Tape No. 786)

Deputy Geoffrey Peter Southern of St. Helier asked Senator Leonard Norman, President of the Education Committee, the following question -

" T he President of the Education Committee, in response to my question of 1st October 2002 about the Education Committee's 2003 spending cuts totalling £839,000, kindly agreed to give me a detailed breakdown of the cuts, which I received on 22nd October.

( a ) Can the President confirm to members that the total of £839,000 was made up of £349,000 required to

meet the projected shortfall on the accepted Cash Limit for 2003 of £75,174,900 and £490,000 directed to the priority areas of Estates Management, Lifelong Learning initiatives and ICT replacement'?

( b ) Will the President inform members exactly what these priority areas consist of, and how much has been

allocated to each?

( c ) Would the President tell members why these priority areas are deemed to be so important that they

justify the redirection of funds away from the classroom by increasing 16+ pupil teacher ratio (PTR), which will inevitably lead to increases in class size.

( d ) The figures he has given me show that the savings achieved by the increase in PTR amount to £260,000,

of which £103,503 has been cut from the budget of Hautlieu School. Would the President -

(i ) a d vise members of the sums cut from the budgets of Highlands College, the fee-paying colleges and

the grants to private schools, and

(i i ) i n dicate what discussions have taken place over which Highlands College courses may not run in

2003 as a result of these cuts?

( e ) The figures also show that funding of peripatetic language assistants will no longer be centrally funded.

Will the President confirm that this places an additional burden of £51,500 on the schools concerned, effectively increasing the schools' budget cut from £260,000 to £310,500?"

The President of the Education Committee replied as follows -

" ( a)  Yes.

( b ) Estate Management

The  management  and  maintenance  of  the £100,000 Committee's  estate  (currently  valued  for

insurance purposes at around £350 million.

Lifelong Learning initiatives £50,000 The development of initiatives to support

the Committee's lifelong learning strategy.

ICT replacement £340,000 The replacement of ICT hardware and

software.

( c ) I will detail each priority area separately -

 E s tate Management

 D  ue to changes in curriculum delivery and an increasing estate it is essential that all education premises

are properly maintained in order that they are available for future generations. It is vital that they are not neglected as they were in the late 1970s and early 1980s which undoubtedly contributed to the need for significant redevelopment of many schools over recent years.

L i felong Learning Initiatives

T h e E ducation Committee is committed to the development of lifelong learning in order to provide

access to learning opportunities for all members of the community and has recently published its Strategy Lifelong Learning for a world class island - Formula for the future'. Our commitment relies on the development of partnerships and the allocation of funds in 2003 will allow priorities to be set for the future to develop a framework in which personal hopes and ambitions can be realised.

T o give some indication of the type of initiative that will be supported - in 2002 the Education

Committee opened an Open Learning Centre at the Central Library which has already attracted over 3,000 user sessions per month.

I C T Replacement

T  h  e States have invested £9.1 million from the ITDevelopment Fund in the Committee's Information

Systems Strategy - Putting Jersey's Future First' which has had a major impact in providing the infrastructure to support learning and the development of skills. However, despite several attempts, the Committee has been unsuccessful in securing funding for the associated replacement costs through the revenue resource allocation process. The Committee therefore, quite rightly, has made funds available from within its own revenue budget.

 A  s I have stated in my previous response the change to the post 16 PTR is only possible because of the

significant growth in post-16 participation which will enable certain economies of scale and the commitment of all our post-16 providers to high levels of co-operation to protect minority subjects.

( d ) (i) The figure given for Hautlieu School is indicative only, as I have said in my previous answers.

Similarly with regard to the details regarding the other institutions with sixth forms, as I intimated in my response to the Deputy on 1st October 2002 the schools' budgets for 2003 have not yet been confirmed as they will depend not only on post-16 numbers but also the number of Key Stage 3 and Key Stage 4 pupils on roll, general increases in salaries and the effect of teachers' performance related pay.

 ( i i) The Governing Body of Highlands College has discussed the impact of the Committee's budget

allocation policies for 2003 but to date no information regarding the impact on courses has been passed to my Committee.

( e ) All seven secondary schools under the administration of the Education Committee currently have access

to peripatetic language assistants and it will be a matter for those schools to determine the amount of language assistant time that they will take up in 2003. Thus the impact of this reduction will not have a significant effect on the budget of any individual school.

I would refer Deputy Southern to the 2003 Budget (which has been lodged today) which shows that over

£1 million will be added to all school budgets in 2003 to meet demographic growth bringing the total direct funding of secondary schools under the administration of the Education Committee to over £15.5 million."

Accident statistics arising from cargo operations on the New North Quay - question and answer (Tape No. 786)

Deputy Gerard Clifford Lemmens Baudains of St. Clement asked Senator Terence Augustine Le Sueur, President of the Employment and Social Security Committee, the following question -

" O n 8th October 2002, I asked the President of the Harbours and Airport Committee if he would supply details (with regard to the New North Quay) of the number of recorded accidents to members of the public in the last five years resulting from cargo operations'. He replied that he did not have accurate statistics.

O  n 22nd October, the President, in response to a question on the same matter by Senator Le Claire, stated that

adequate information on accidents at work, through the social security system, and from other sources, is already available'.

W  ould the President therefore -

( a ) identify those other sources, and

( b ) provide accident figures to answer the question I put previously to the President of the Harbours and

Airport Committee?"

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

" I n answering this question I should first remind members that the answer which I gave to Senator Le Claire

at the last sitting of this Assembly related to the Reporting of Incidents, Diseases and Dangerous Occurrence

Regulations and their possible implementation in Jersey. Those Regulations, as they apply in the United Kingdom,  cover  requirements for  reporting  serious  incidents such  as deaths, major  injuries - including fractures, amputations, dislocations etc., injuries where employees are off work for more than three days, and reportable diseases, which include poisonings, certain skin diseases, lung diseases etc. Accidents to members of the public are required to be reported where they are killed or taken to hospital. The regulations do not apply to accidents of a relatively minor nature. The Deputy 's current question is therefore not on the same matter, but appears to relate to accidents of any nature, and so the answers may not be directly comparable.

( a ) In elaboration of my replies to Senator P.V.F. Le Claire, I can therefore inform the Assembly that those

other sources (in addition to Social Security information) would include the police, the emergency services, the relevant organisation (including the Harbour Authority), the individuals themselves and members of the public.

S ta f f f rom the Health and Safety Inspectorate are routinely called in by the States of Jersey Police or

other relevant authorities in the event of any accident where there are working activities involved.

( b ) In response to the second part of the Deputy 's question, I can only repeat the reply which I gave at the

last sitting, which is that there have been no accidents to members of the public in the operational area of the New North Quay reported to the Department in the last five years.

H o w  ev er, I would add that the commercial area of the Port of St.  Helier is a potentially dangerous area,

demonstrated by the accidents which have occurred to employees working in these areas, several which have resulted in serious injury. For example, an employee was left paralysed following an accident which occurred earlier this year, in the commercial area of the Elizabeth Terminal, when he was struck by a crate which fell off a trailer. Whilst this accident occurred to an employee, it could easily have happened to a member of the public if they had been walking through the area.

I w o u l d also acknowledge the commitment to health and safety in the port area by Harbours and Airport

Committee in taking a proactive approach to the management of health and safety in the Port of St.  Helier. In 1999 the Employment and Social Security Committee approved a code of practice under the Health and Safety at Work (Jersey) Law 1989 which had been prepared on behalf of Jersey Harbours which set out requirements for health and safety in the port of St.  Helier. This approved code of practice was developed in consultation with port users and had the support of the Health and Safety Inspectorate.

S e c ti o n  8 of this document refers to the public and identifies that members of the public should be

forbidden to enter areas of the commercial port where there area cargo operational areas and where cargo handling is taking place. It is therefore probable that the lack of reported accidents to members of the public result, to a large extent, from the steps that have already been taken by Jersey Harbours in developing this approved code of practice."

Administration of the Dwelling Houses Loan Fund accounts - question and answer (Tape No. 786)

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

" W ill the President advise members -

( a ) when it was agreed that Dwelling Houses Loan Fund accounts would be administered by Loans and

Mortgages Administration Centre of Dunstable, Bedfordshire?

( b ) of the cost of moving the administration of the service off the Island?

( c ) whether it will be the householders with States loans or the States who will meet the costs of this

change?

( d ) whether persons with States loans were consulted on the changes prior to the changeover and, if not, why

not?"

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

" (a)  The Finance and Economics Committee approved the proposal at its meeting of 7th November 2001. The proposal was supported by the Housing Committee.

( b) T here is no cost' associated with the relocation of the scheme as the new arrangements will deliver an

annual saving in excess of £40,000 when compared with the way the scheme was previously delivered. In addition, there is a manpower saving of one full-time equivalent post within the Treasury. The outcome is an excellent example of Committees working together to deliver cost effective solutions, with reduced on-Island manpower requirements, which is entirely in accord with States' policy.

( c) T here are no costs to be met - see answer to (b) above.

 ( d)  T he decision was taken not to consult with borrowers as the terms of their loans and the method and

amounts of their payments remain unchanged."

Bus service - question and answer (Tape No. 786)

Deputy Roy George Le Hérissier of St. Saviour, asked the Deputy of St. Peter, President of the Public Service Committee, the following question -

" ( a) Would the President identify the five bus routes which have been least used (and express this as a percentage of capacity available) since the commencement of the Connex-operated service?

( b ) Would the President identify the subsidy that will be paid, for the last month, in respect of each of these

five routes?

( c ) What steps are being contemplated to deal with the issue of low usage?" The President of the Public Services Committee replied as follows -

" ( a) I am pleased to be able to answer the Deputy 's questions, since this level of detailed information has never been available in the past. Under the new partnership arrangements, Connex Transport Jersey Ltd. is required to provide the information on a regular basis.

T h e fi rst set of data to be provided by Connex covers the first three weeks of operation from Sunday,

30th September to Monday, 21st October inclusive. The five routes with the lowest ridership so far are as follows -

R  o u te  3 b W  eighbridge to the Zoo via St.  Saviour's Road,   R  id e r sh i p 3 5 4 p a s se n g e rs.

R  o u te  6     W  e ighbridge to First Tower,   R  id e r sh i p   2 6 1 p a s se n g e rs.

R  o u te  2 0 W  eighbridge to St. Catherine via La Hougue Bie,

                  R id er s h ip 1 76 passengers.

(N .B .  t h is   s er v ice has now terminated for the winter.)

    R o u t e 21 W eighbridge to Victoria Village, R id e r sh i p   3 3 2 p a s se n g e rs.

R o ute 22 S now Hill to Rue des Pres.                 R id er s h ip 8 3 passengers.

B e c a u se of the greatly differing seating capacities of vehicles used during the period, it is not possible to

give this ridership as a percentage of seating capacity available.

It i s n o t considered that the new service has been operating long enough for fully reliable and meaningful

information to have been obtained. However, the Operator and Public Services Department staff are monitoring the ridership levels on a monthly basis.

( b ) The current bus service does not receive a subsidy on a route by route basis. All the routes form part of

the total agreed and contracted annual operating cost. The overall level of payment to be made to Connex in any year is the difference between the contracted operating cost and the total revenue from the entire service (i.e. from all the routes).

( c ) During the winter the current routes and schedules will be assessed and revised where required, in order

to introduce an enhanced bus service more suited to the Island's needs, and to address any routes that are clearly not meeting the needs of the travelling public.

A  s this is the first time that any meaningful information has been made available to the Department, members

will appreciate that it is necessary to establish accurate base data before any revision to the service can be undertaken."

Tax avoidance and evasion - questions and answers (Tape No. 786)

Deputy Geoffrey Peter Southern of St. Helier, asked Senator Frank Harris on Walker , President of the Finance and Economics Committee, the following questions -

" 1 . In the debate so far about States' taxation and spending policies, very little attention has been given to measures that would bear down on tax avoidance and evasion.

( a)  C a n the President confirm to members that he has sought and obtained support from the Human

Resources Committee for the creation of a 1.00 FTE two-year contract post to examine potential cases of tax abuse by controlling directors'?

(b )  W  ill the President explain to members how such controlling directors may be operating to abuse the

tax system?

(c )  C a n the President give members an estimate of how much additional revenue might accrue by the

closure of this mechanism of abuse?

2 . O n 18th October 2002 in the Royal Court, no fewer than 27 persons were cited for income tax arrears.

Some obviously had substantial incomes, with one person owing £8,137 for a single year. The total amount of arrears came to £102,296.

(a )  W  ill the President reveal to members what the totals of income tax arrears were in the years 1998,

1999, and 2000?

(b ) C  a n the President state what proportion of these sums has been recovered to date?

(c )  W  ould the President indicate whether the introduction of PAYE could reduce or eliminate such tax

evasion?"

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

" 1 . (a) Yes.

(b ) T he potential abuse of the tax system by controlling directors is explained in detail at Appendix 3 of

the Fiscal Review Working Group: Second Report (R.C.37/99) which was presented to the States on 28th September 1999, so I would refer the Deputy to that Appendix.

(c ) T he Comptroller of Income Tax estimates that additional tax revenues of anything up to £300,000

per annum might be collected, perhaps even more, if all challenges made by him in all cases of potential abuse were successful.

2 . ( a) The totals of income tax arrears are published annually in the Financial Report and Accounts produced by the States Treasury. The totals published for the years in question were -

1 9 9 8 £ 2 0 .8 m i llion 1 9 9 9 £ 1 3 .8 m i llion 2 0 0 0 £ 1 9 .3 m i llion.

(b ) T  he totals of income tax arrears still outstanding as at 30th September, 2002 for the years in question

are -

1 9 9 8 £ 2 .5 m i ll ion 1 9 9 9 £ 3 .7 m i ll ion 2 0 0 0 £ 6 .9 m i ll ion.

T h e p r o p o rtion of sums recovered to date varies depending on the age of the tax debt, but, as these

figures demonstrate, some 88% of the tax debts outstanding in 1998 have now been collected, some 73 per cent of the tax debts outstanding in 1999 have now been collected and some 64 per cent of the tax debts outstanding in 2000 have now been collected.

T h e a c tu a l tax collected by the end of each tax year is some 94 per cent of the total tax assessed. Tha

is a remarkably high collection rate which has improved in the last few years due to the introduction of the 10 per cent late payment surcharge which is now levied on tax remaining unpaid by the first week in December.

(c ) Y es. The introduction of PAYE would have a noticeable effect on evasion although it is extremely

unlikely that a PAYE system would eliminate all tax evasion."

Lapsed firearms certificates - questions and answers (Tape No. 786)

Deputy Roy George Le Hérissier of St. Saviour asked Deputy Alastair John Layzell of St. Brelade, President o the Home Affairs Committee, the following question -

" ( a) With regard to firearms certificates which have lapsed, would the President identify how many covered collections -

(i )  in excess of 100 firearms?

(i i) 5 0 to 100 firearms?

(i ii ) 2 0 to 50 firearms?

(i v )  1 0 to 20 firearms?

( b ) When will the follow-up work be completed in respect of lapsed firearm certificates?

( c ) What procedures will be put in place to avoid a similar recurrence?"

The President of the Home Affairs Committee replied as follows -

" ( a) The figures requested in respect of lapsed firearm certificates are as follows -

 ( i)  none of the lapsed certificates relate to more than 100 firearms;

 ( ii ) none of them relate to 50 to 100 weapons;

 ( ii i)  three relate to 20 to 50 weapons;

 ( iv )  ten relate to 10 to 20 weapons.

T h e r e st all relate to between one and nine weapons.

( b ) The Connétable s have agreed a programme of letters and approaches to residents whose certificates

appear to have expired. This has already commenced and is targeted to finish by the end of November. In early December a further meeting is planned between the Connétable s and the States Police when it is anticipated that the Parishes will identify cases which need to be followed up by States officers. Meanwhile, direct liaison arrangements have been established between the States Police and the parishes and it has been agreed that any cases of special concern will be given a States Police response as soon as they are identified.

( c ) The Comité des Connétable s has agreed that when the present backlog has been addressed it will meet

the States Police and undertake a joint review of the administrative arrangements which underpin the Law."

Definition of polling station' - question and answer (Tape No. 786)

Deputy Gerard Clifford Lemmens Baudains of St.  Clement, asked H.M. Solicitor General the following question-

" D uring consideration of Articles 2 - 4 of the draft Public Elections (Jersey) Law 200- (P. 132/2001) on 9th October 2001, I asked whether a "polling station" constituted the whole building. The Rapporteur stated that a polling station is that part of the building where the polling takes place'. In view of the impending Deputies' elections, would the Attorney General confirm this definition and explain whether it includes any other area of the building in which a poll is held?"

H.M. Solicitor General replied as follows -

" Polling station' is not defined in the Public Elections (Jersey) Law, 2002. Article 26 of that Law provides, so far as it is relevant, that for the conduct of a poll the Connétable of the parish where the poll is held shall provide one or more polling stations in such a way that the Autorisé is satisfied that all persons have reasonable facilities for the exercise of their right to vote.

 I t follows from the foregoing that the polling station is what has been provided to the Autorisé to his

satisfaction under Article 26. This is the room, or part of a room if the room has been divided, in which the voting takes place. However, the Autorisé has a power to give such reasonable directions, and take such reasonable measures, as are necessary to ensure the complete secrecy and regularity of the vote at the polling station and to ensure that the requirements of the Law are met, not only within the room which constitutes the polling station but also in the immediate vicinity."