States Minutes 29th November 2005

THE STATES assembled on Tuesday,

29th November 2005 at 9.30 a.m. under

the Presidency of Mr.  Michael Nelson de la Haye,

Greffier of the States.

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 Jean Amy Le  Maistre – out of the Island

S e nator Frank Harris on Walker – out of the Island

S e nator Michael Edward Vibert – out of the Island

S e nator Philip Francis Cyril Ozouf – out of the Island

K e nneth Priaulx Vibert , Connétable of St.  Ouen – out of the Island D e puty Maurice François of St.  Lawrence – out of the Island

C a rolyn Fiona Labey , Deputy of Grouville – out of the Island

Prayers.

Connétable of St.  Brelade – welcome

The Greffier of the States, on behalf of the Bailiff and all members, welcomed the newly-elected Connétable of St.  Brelade, Mr.  Michael Keith Jackson .

Connétable of Trinity – congratulations

The Greffier of the States, on behalf of the Bailiff and all members, congratulated the Connétable of Trinity , Mr.  John Le  Sueur Gallichan, who had recently taken the oath of office of Connétable for a further term.

Subordinate legislation tabled

The following enactments were laid before the States, namely –

Police Procedures and Criminal Evidence (Application to Customs and Excise) R&O 166/2005. (Amendment) (Jersey) Order 2005.

Home Affairs Committee.

Terrorism (Proscribed Organizations) (Amendment No.  2) (Jersey) Order 2005. R&O 167/2005. Home Affairs Committee.

Extradition (Treatment and Rights) (Jersey) Order 2005. R&O 168/2005. Home Affairs Committee.

Cremation (Fees) (Jersey) Order 2005. R&O 169/2005. Health and Social Services Committee.

Dentists (Ancillary Dental Workers – Fees) (Jersey) Order 2005. R&O 170/2005. Health and Social Services Committee.

Food Safety (Ice-Cream Stalls etc.) (Amendment No.  26) (Jersey) Order 2005. R&O 171/2005. Health and Social Services Committee.

Food Safety (Labelling) (Jersey) Order 2005. R&O 172/2005. Health and Social Services Committee.

Medicines (General Sale List) (Amendment No.  6) (Jersey) Order 2005. R&O 173/2005. Health and Social Services Committee.

Medicines (Prescription Only) (Amendment No.  7) (Jersey) Order 2005. R&O 174/2005. Health and Social Services Committee.

Nursing  Agencies  (General  Provisions)  (Amendment  No.  21)  (Jersey)  Order R&O 175/2005. 2005.

Health and Social Services Committee.

Amendment No.  30 to the Tariff of Harbour and Light Dues. R&O 176/2005. Harbours and Airport Committee.

Social Security (Collection of Contributions) (Amendment) (Jersey) Order 2005. R&O 177/2005. Employment and Social Security Committee.

Road Traffic ( Grouville ) (Amendment No.  2) (Jersey) Order 2005. R&O 178/2005. Environment and Public Services Committee.

Diseases of Animals (Avian Influenza) (Jersey) Order 2005. R&O 179/2005. Environment and Public Services Committee.

Electronic Communications (Amendment No.  2) (Jersey) Order 2005. R&O 180/2005. Economic Development Committee.

Financial  Services  (General  Insurance  Mediation  Business  (Client  Assets)) R&O 181/2005. (Jersey) Order 2005.

Economic Development Committee.

Financial Services (General Insurance Mediation Business (Accounts, Audits, R&O 182/2005. Reports and Solvency)) (Amendment) (Jersey) Order 2005.

Economic Development Committee.

Airport Dues (Tariff) (Amendment) (Jersey) Order 2005. R&O 183/2005. Harbours and Airport Committee.

Matters presented

The following matters were presented to the States –

States of Jersey: Independent Investigation into Court and Case Costs: Report by the National Audit Office.

Presented by the Finance and Economics Committee.

Solid Waste Strategy – Technology Review: Report by Babtie Fichtner. Presented by the Environment and Public Services Committee.

Safer Routes to School.

Presented by the Environment and Public Services Committee.

States  of  Jersey  Law  1966,  as  amended:  delegation  of  functions – Fire Precautions (Jersey) Law 1977, as amended.

Presented by the Home Affairs Committee.

Draft Water Resources (Jersey) Law 200- (P.206/2005): second amendments (P.206/2005  Amd.(2)) – comments.

Presented by the Environment and Public Services Committee.

Budget 2006: amendment (P.259/2005) – comments. Presented by the Finance and Economics Committee.

Budget 2006: second amendments (P.266/2005) – comments. Presented by the Employment and Social Security Committee.

Budget 2006: second amendment (P.266/2005) – comments. Presented by the Finance and Economics Committee.

Budget 2006: fourth amendment (P.272/2005) – comments. Presented by the Finance and Economics Committee.

Budget 2006: fifth amendment (P.273/2005) – comments. Presented by the Finance and Economics Committee.

R.C.86/2005. R.C.87/2005.

P.206/2005. Amd.

(2) Com.

P.259/2005. Com. P.266/2005. Com.

P.266/2005. Com. (2)

P.272/2005. Com. P.273/2005. Com.

The following matter was presented on 8th November 2005 –

States of Jersey Law 1966, as amended: delegation of functions – Medical Officer R.C.83/2005. of Health.

Presented by the Health and Social Services Committee.

The following matters were presented on 22nd November 2005 –

The Jersey Employment Trust: Financial Statements at 31st December 2004. R.C.84/2005. Presented by the Employment and Social Security Committee.

States of Jersey Law 1966, as amended: delegation of functions – harbours. R.C.85/2005. Presented by the Harbours and Airport Committee.

Provision of Legal Advice to Scrutiny Panels. S.R.8/2005. Presented by Deputy G.P. Southern of St.  Helier.

Draft Water Resources (Jersey) Law 200- (P.206/2005): amendments P.206/2005. (P.206/2005  Amd.) – comments. Amd.Com. Presented by the Environment and Public Services 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 10th November 2005, showing that, in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved –

( a ) as recommended by the Harbours and Airport Committee, the lease to Aqua-Mar Fisheries Limited of

the small bunker room beneath Port Control, Victoria Pier, St.  Helier Harbour (Letting No.  V32A– measuring 450  square feet), for the use of storing live fish, for 3  years from 1st August 2005, at an annual rent of £2,133.00 (representing a rate of £4.74 a square foot), payable 6  months in advance, and subject to annual review in line with the Jersey Retail Price Index;

( b ) as recommended by the Environment and Public Services Committee, the lease to Mr.  Michael Le  Brocq

of the one-bedroom flat with garage and garden forming part of the Maison St.  Louis Observatory, Highlands Lane, St. Saviour, for a period of 12  months from 1st November 2005, at an annual rent o £8,640.00, to be subject thereafter to annual review in line with the Jersey Retail Price Index, with the agreement to be terminable by either party upon one month's notice, on the basis that the tenant would be responsible for occupiers rates, an appropriate share of the water and heating costs, together with electricity and telephone charges, both of which were separately metered at the flat; and,

(c) as recommended by the Environment and Public Services Committee, the entering into of a Deed of Arrangement with Pomme d'Or Hotel (1932) Limited in order to ratify the present south-west facing and north-west facing facades of the Pomme d'Or Hotel, St.  Helier (specifically the projections over the highways) in perpetuity, for a consideration of £10 payable by the company, and on the basis that the company would pay the public's reasonable legal fees arising from the transaction.

Matters lodged

The following matters were lodged "au Greffe" –

Television licences for the over-75s funded from stamp duty on share transfer P.274/2005. properties.

Presented by the Deputy of St.  Martin, and referred to the Finance and Economics

and the Employment and Social Security Committees.

Censuses and the development of official statistics for Jersey. P.275/2005. Presented by the Policy and Resources Committee.

The following matters were lodged on 8th November 2005 –

Draft Taxation (United States of America) (Jersey) Regulations 200-. P.264/2005. Presented by the Policy and Resources Committee.

Draft Amendment (No.  4) of the Standing Orders of the States of Jersey. P.265/2005. Presented by Deputy R.G. Le  Hérissier of St.  Saviour.

Budget 2006: second amendment. P.266/2005. Presented by Senator M.E. Vibert .

The following matters were lodged on 15th November 2005 –

Draft Police Procedures and Criminal Evidence (Jersey) Law 2003 (Appointed P.267/2005. Day) (No.  3) Act 200-.

Presented by the Home Affairs Committee.

Draft Police Force (Amendment No.  9) (Jersey) Law 2003 (Appointed Day) Act P.268/2005. 200-.

Presented by the Home Affairs Committee.

Budget 2006: third amendment. P.269/2005. Presented by the Economic Development Committee.

Draft Employment (Amendment No.  2) (Jersey) Law 200-. P.270/2005. Presented by Deputy G.P. Southern of St.  Helier.

Draft Employment Relations (Amendment) (Jersey) Law 200-. P.271/2005. Presented by Deputy G.P. Southern of St.  Helier.

Arrangement of public business for the present meeting

THE STATES noted that, in accordance with Standing Order 22(3), the President of the Economic Development Committee had instructed the Greffier of the States to withdraw the following matter set down for consideration at the present meeting –

Budget 2006: third amendment. P.269/2005. Lodged: 15th November 2005.

Economic Development Committee.

THE  STATES,  adopting  a  proposition  of   Deputy  Roy  George  Le  Hérissier  of  St. Saviour,  agreed  that  th following matter lodged "au Greffe" would be considered at the present meeting –

Draft Amendment (No.  4) of the Standing Orders of the States of Jersey. P.265/2005. Lodged: 8th November 2005.

Deputy R.G. Le  Hérissier of St.  Saviour.

Members present voted as follows –

POUR: 36 CONTRE: 7 ABSTAIN: 0

Senator S. Syvret

Senator L. Norman

Senator W. Kinnard

Senator T.A. Le  Sueur

Senator P.V.F. Le  Claire Senator R.J. Shenton Connétable of St. Martin Connétable of St. Saviour Connétable of St. Mary Connétable of St. Peter Connétable of St. Clement Connétable of Trinity Connétable of St. Lawrence Connétable of Grouville Connétable of St. John Connétable of St. Brelade Deputy of Trinity

Deputy R.C. Duhamel (S) Deputy A. Breckon (S)

Deputy of St.  Martin

Deputy of St.  John

Deputy T.J. Le  Main (H) Deputy G.C.L. Baudains (C) Deputy J.L. Dorey (H)

Deputy P.N. Troy (B)

Deputy C.J. Scott - Warr en (S) Deputy R.G. Le  Hérissier (S)

Senator P.F. Routier Deputy J.J. Huet (H) Deputy F.G. Voisin (L) Deputy L.J. Farnham (S) Deputy J.B. Fox (H) Deputy of St.  Mary Deputy G.W.J. de  Faye (H)

Deputy J-A. Bridge (H) Deputy J.A. Martin (H) Deputy G.P. Southern (H) Deputy J.A. Bernstein (B) Deputy S.C. Ferguson (B) Deputy of St.  Ouen Deputy P.J.D. Ryan (H) Deputy M.A. Taylor (C) Deputy J.A. Hilton (H)

THE STATES rejected a proposition of Deputy Roy George Le Hérissier of St. Saviour that the following matter set down for consideration at the present meeting, be taken as the first item of public business –

Draft Amendment (No. 4) of the Standing Orders of the States of Jersey. P.265/2005. Lodged: 8th November 2005.

Deputy R.G. Le  Hérissier of St.  Saviour.

Members present voted as follows –

POUR: 18 CONTRE: 25 ABSTAIN: 0

Senator S. Syvret

Senator P.V.F. Le  Claire Senator R.J. Shenton Connétable of St. Martin Connétable of St. Saviour Connétable of St. Mary Connétable of St. Clement Connétable of St. Brelade Deputy R.C. Duhamel (S) Deputy A. Breckon (S)

Deputy of St.  Martin

Deputy G.C.L. Baudains (C) Deputy J.L. Dorey (H)

Deputy R.G. Le Hérissier (S) Deputy J-A. Bridge (H)

Deputy J.A. Martin (H)

Deputy G.P. Southern (H) Deputy J.A. Bernstein (B)

Senator L. Norman

Senator W. Kinnard

Senator T.A. Le  Sueur Senator P.F. Routier Connétable of St. Peter Connétable of Trinity Connétable of St. Lawrence Connétable of Grouville Connétable of St. John Deputy of Trinity

Deputy J.J. Huet (H)

Deputy of St.  John

Deputy T.J. Le Main (H) Deputy P.N. Troy (B) Deputy F.G. Voisin (L) Deputy C.J. Scott - Warr en (S)

Deputy L.J. Farnham (S) Deputy J.B. Fox (H)

Deputy S.C. Ferguson (B) Deputy of St.  Mary

Deputy of St.  Ouen

Deputy P.J.D. Ryan (H) Deputy M.A. Taylor (C) Deputy J.A. Hilton (H) Deputy G.W.J. de  Faye (H)

Elizabeth Harbour Phase I warehouse – lease to Channel Express (Jersey) Limited – P.189/2004 – withdrawn

THE STATES noted that, in accordance with Standing Order 17(6), the following matter was deemed to have been withdrawn –

Elizabeth Harbour Phase I warehouse – lease to Channel Express (Jersey) Limited. P.189/2004. Lodged: 2nd November 2004.

Harbours and Airport Committee.

Elizabeth Harbour Phase I warehouse – lease to Ferryspeed (C.I.) Ltd. – P.190/2004 – withdrawn

THE STATES noted that, in accordance with Standing Order 17(6), the following matter was deemed to have been withdrawn –

Elizabeth Harbour Phase I warehouse – lease to Ferryspeed (C.I.) Ltd. P.190/2004. Lodged: 2nd November 2004.

Harbours and Airport Committee.

A People's Advocate – P.202/2004 – withdrawn

THE STATES noted that, in accordance with Standing Order 17(6), the following matter was deemed to have been withdrawn –

A People's Advocate. P.202/2004. Lodged: 16th November 2004.

Senator S. Syvret.

A People's Advocate (P.202/2004): comments. P.202/2004 Presented: 18th January 2005. Com. H.M. Attorney General.

A People's Advocate (P.202/2004): comments. P.202/2004. Presented: 25th January 2005. Com.(2). Policy and Resources Committee.

A People's Advocate (P.202/2004): comments. P.202/2004. Presented: 1st February 2005. Com.(3) Privileges and Procedures Committee.

A People's Advocate (P.202/2004): comments. P.202/2004. Presented: 1st February 2005. Com.(4) Finance and Economics Committee.

Contribution statements – question and answer

The Deputy of St.  John tabled the following written question of Senator Paul Francis Routier, President of the Employment and Social Security Committee –

" O  ver the last 9  months some contribution statements have been received by the public at very short notice, just days before the closing date of the 15th of the month in which the contribution falls due. What has caused this, what, if anything, is being done to rectify the problem, and has this caused claimants to lose any benefit?"

The President of the Employment and Social Security Committee tabled the following written answer –

" T  he problem referred to in the question concerns self-employed contributors who have applied to pay earnings  related  Class  2  contributions.  Employed  contributors  are  handled  differently  but  overall  the statements for employed and self-employed contributors are now processed to the same timescale. Unlike

employers, however, self-employed contributors are notified of their contribution liability at the beginning of the

year and, therefore, are well aware of the amount that should be paid by the due dates in each quarter. The Department moved over to a new computer system on 10th January 2005, when contributions for October, November and December 2004 were being collected and opening balances calculated. In April and July 2005, the process dates for Class  2 contributions fell at the weekend causing a two-day delay which meant that some, but not all statements for the self-employed were received close to the deadline of 15th. After the Deputy 's intervention the computer programmes were changed to ensure that these processes take place on the first day of the month, regardless of which day of the week to give the maximum time possible before the deadline. The only down side of this approach is that in cases of certified sickness where contribution credits are awarded, the exact contribution liability shown on the statement will need to be adjusted at a later date. The next stage in the Department's drive for efficiencies in the collection system is the use of direct debits which is currently being piloted by some self-employed contributors.

N o self-employed contributor should have lost or been denied benefit because of this two-day slippage as

contribution payments are processed later in the quarterly cycle to count for future benefit entitlement. If there are real or theoretical examples of claimants losing benefit, the Department would be grateful to know."

Parish electoral rolls – questions and answer

Deputy Geoffrey Peter Southern of St. Helier tabled the following written question of the Connétable of St. Martin, Chairman of the Comité des Connétable s –

" W ould the Chairman advise members whether there are any names on any of the Parish electoral rolls of persons who are either deceased or have changed address and, if so, how many of the 54,000 names on the electoral roll are affected and in which Parishes do these apply, what measures, if any, are being taken to rectify the situation and in what time scale particularly in light of the potential distress that may be caused to some on receiving election material addressed to a long-deceased partner?"

The Chairman of the Comité des Connétable s tabled the following written answer –

" T he current electoral registers were prepared on 1st July 2004, and will continue in force until 30th June 2006, as required by the Public Elections (Jersey) Law 2002. They are rolling registers' and the names of those registered change on a daily basis as persons qualify to be registered, or cease to qualify because they are no longer ordinarily resident in a Parish.

The electoral register in force for a particular public election is the register as at midday on the day before the nomination meeting for that election. All Parishes ensure that the registers are updated immediately prior to this cut-off' date with all information available. However, an electoral register is likely to include the names of persons who are deceased or who have changed address as this information is not always immediately made known to the Parish. Whilst every person who is eligible to have their name included on a register has a duty, under the Law, to apply for registration as soon as practicable, it may take several days or even weeks for a person who has moved to deal with the administrative change of address' notifications required.

It is not possible to place a figure on the number of names affected. However, the Connétable of St. Helier recently estimated the names of 200 deceased persons were on the electoral register in force for the election of Senators last month.

The Public Elections (Jersey) Law 2002 requires the Connétable of a Parish to prepare the electoral register for the Parish and to include the name of a person if he has been furnished with or has obtained information in respect of that person sufficient to satisfy him that that person is entitled to have his name included on the register for the electoral district. This information is gathered annually by sending a form to every unit of dwelling accommodation for completion and return to the Parish and also by notifying any person who contacts the Parish to advise a change of address, for example on a driving licence. In addition those who become eligible during the year will complete and return a registration form to the Parish. The information contained on this form should include previous addresses where a person has been registered so that all registers may be updated but often this information is not provided. There is no requirement for persons who move away from the Island to notify the Parish that their names should be removed from the register and this information may not be brought to the attention of the Parish especially if the new occupants of the property fail to register (either because they are not eligible or do not wish to be registered). Likewise, the Parish is not always notified of the names of deceased persons and even when subsequent registration forms are returned omitting the name of a person previously registered there has been a presumption that this may be an oversight and, unless the Parish is notified otherwise, names may remain on the register so as not to disenfranchise a person.

The Parishes do receive information of deceased persons from time to time from the Registrar and these names are deleted from the electoral registers. The Parishes are already reviewing the frequency of such reports to ensure that this information is provided regularly and used immediately to update the registers. The Parishes are also reviewing the administrative arrangements when a person notifies a change of address to ensure that all records are updated as soon as possible. A number of improvements could be made to the current Law with regard to the registration procedure and the Connétable s advised the Privileges and Procedures Committee of their views during the recent consultation process on possible changes to the Law. However, no law drafting time has been allocated for this work and, therefore, no such improvements will be made in the foreseeable future.

In the meantime, the Connétable s will continue to gather all relevant information to ensure the electoral registers are correct and up to date and apologise for the distress caused to those who have received election material addressed to a deceased partner or relative."

Maintenance and emergency repair work carried out by nominated contractors – questions and answers

Deputy Geoffrey Peter Southern of St.  Helier tabled the following written questions of Deputy Terence John Le  Main of St.  Helier, President of the Housing Committee–

" 1 . Would the President confirm whether the tendering process for maintenance and repair has been changed in recent years to a fixed-price contract basis and, if so, whether this has reduced the number of companies competing for such States contracts and further outline what measures, if any, are in place to monitor –

( a )  t he professional qualifications and skill levels of the workforce employed; (b ) t he quality and standards of work completed;

(c ) w hether pay rates are below Building Federation levels; and,

(d ) w hether health and safety regulations are consistently adhered to?

2 .  Would the President inform members of the number and names of those building contractors who were

employed on –

 ( a )  r outine maintenance, including re-lets; and,

(b)  em  ergency repair contracts,

a n d t h e proportion of total work allocated to each contractor, along with the value of the contracts, in

2004?"

The President of the Housing Committee tabled the following written answers –

" 1 . A schedule of rates was introduced for void property work in 1999 and was updated in 2003.

A sc h e dule of rates was introduced for response repair work in 2005.

T h e n u mber of contractors employed on both void property work and response repair work has reduced

as a result, together with costs. Performance statistics have improved significantly as a result.

W i t h r egard to the additional questions –

( a) A t the time that the fixed price schedule of rates was introduced, contractors were assessed for

competence and their ability to perform to the performance criteria set out in the relevant contracts. This process was overseen by an independent firm of Chartered Surveyors.

(b ) A percentage of all work is routinely inspected in order to ensure quality. In addition, surveys of

customers in receipt of repair work are carried out. A recent survey undertaken in respect of repair works carried out between April and July 2005 has thus far returned a satisfaction rate of 97%.

(c ) T hose contractors employed on the schedule of rates system, contract to undertake day work' at

rates below those recommended by the Jersey Building and Allied Trades Employers Federation. This was part of a package of measures introduced as a result of a competitive tender process. However, the vast majority of work is undertaken on a fixed price basis.

(d ) T  he Committee requires that all Contractors comply with the provisions of Article  3(3) of theHealth

and Safety at Work (Jersey) Law 1989. Accordingly, all contractors are expected to maintain the highest health and safety standards. However, the Committee is not the regulator of health and safety standards, albeit it does work closely with the Health and Safety Inspectorate to ensure that concerns of a health and safety nature identified by the Inspectorate in respect of work undertaken by Contractors are properly investigated and the appropriate action taken.

T h e H ousing Committee, through the Housing Department, is only too willing to brief any States

Member on the current arrangements for the procurement of maintenance services, should they so require.

2. When the new response repairs schedule of rates was introduced, one condition of the contract was that each and every contractor on that response repair list would be expected to provide a limited out of hours emergency only' service at no additional standby cost.

T h e f o llowing contractors, who make up the responsive repairs list will also, where needs dictate,

respond to emergencies out of hours –

TRADE Electrical

General Building

Locksmith

Plumbing

Window and Door Repairs Roofing

CONTRACTOR H.W. Gallichan & Sons

A. Cameron & Son A1 Property Services

R. Houillebecq Ace Locks

H.W. Gallichan & Sons Ace Locks

Dave Beck Roofing J. McFarlane Roofing

Flooring ARC Carpets

Tower Carpets

Decorations A. McAulay Decorators Medical Adaptations A. Cameron & Son

A1 Property Services

W  it h regard to void property refurbishment, the following contractors are employed on a fixed price

schedule of rates –

A 1 Property Services Limited A . Cameron & Son Limited R . A. Poree Limited

A . H. Turmel Limited.

W  it h regard to providing information concerning the sums paid to each contractor undertaking void

refurbishment or response repair work, these are available from the Housing Department. The figures will readily be provided to any Member of the States Assembly requiring such information. However, in fairness to the contractors concerned that information should not be passed to third parties."

Health Promotion Unit – question and answer

Deputy Geoffrey Peter Southern of St.  Helier tabled the following written question of Senator Stuart Syvret, President of the Health and Social Services Committee –

" W  ould the President inform members what changes, if any, have been proposed to the Exercise Referral Programme and other aspects of the work of the Health Promotion Unit and, whether any such changes, if applicable, are being undertaken to better target delivery of such programmes or whether they represent reductions in service in response to budget cuts?"

The President of the Health and Social Services Committee tabled the following written answer –

" T he over arching aim of the Health Promotion Department is to maximise people's ability to achieve their health potential, thus enabling them to lead socially productive and satisfying lives.

I n keeping with the Health and Social Services Committee's efficiency savings the Department has, like all

others, experienced a small overall reduction in budget. However, this aside, the Department's budget has remained stable over recent years.

D  eputy Southern asks about changes within the Health Promotion Department. This small department, which

is part of Public Health Services, is constantly reviewing the way that it approaches its task of improving health in Jersey, as a matter of course.

T h e following areas have undergone notable changes and planned development during the last three months and merit the following comments:  school based programmes, physical activity, research and mental health.

S c hool Based Programmes

H  ealthy Schools Standard – This is a national standard which primary and secondary schools work toward.

Four local schools have recently sent teachers on the relevant training courses in preparation for portfolio development and validation next year. This jointly-funded initiative between the Health and Social Services and Education, Sport and Culture Committees is led by the Health Promotion Department.

 P  ersonal Social and Health Education (PSHE) Certificate – This is a nationally recognised qualification

aimed at improving the standard of PSHE in schools. Recently, 6 local PSHE coordinators have submitted their portfolio's of work for national interim validation. The work is led by the Health Promotion Department and joint funded by the Building a Safer Society Strategy.

G  rab Five Programme – This is a programme which addresses food and nutrition in school through whole

school approaches. Over the last 3  months 4 additional primary schools have joined the scheme. Recent uptake of the programme has meant that the programmes implementation is increasingly reliant on the support of allied staff within schools that have health promotion remits such as school nurses and nursery nurses.

P h ysical activity

E x ercise Referral – The tutors responsible for this programme, which is jointly funded between the Health

and  Social  Services  and  Education,  Sport  and  Culture  Committees,  have  recently  completed  specialist nationally recognised qualifications. Establishment for these posts is currently being perused as part of the manpower reconciliation process within the Health and Social Services Department.

D  ao Yin – These classes are partly self-funding and partly funded by the Health Promotion Department. They

are led by tutors who are currently on a contract for service. Recently, Dao-Yin tutors were advised of proposed changes in arrangements regarding how they were to be supported in the long term to continue to deliver Dao Yin classes. The changes in arrangements were prompted by the new Employment Law and improvements in the administration of the classes.

G entle Activity – These classes (which provide low level physical activity for frail elderly people) are

currently delivered by sessional tutors on contract for service basis, who are partly funded by the Health Promotion Department. As of January 2006 gentle activity will be delivered by staff directly employed within  day  centres,  residential  and  nursing  homes  following  specific  training  provided  by  the  health promotion department. The changes in arrangements were prompted by the new Employment Law and as a means of maximising available resources.

F a lls Follow on – These classes are targeted at those people who are recovering from a recent fall which

resulted  in  a  hospital  admission.  Previously,  throughput  and  onward  rehabilitation  proved  difficult. Consequently, a graduated programme of activity following outpatient physiotherapy is planned to begin early next year. Establishment for this post is currently being perused as part of the manpower reconciliation process within the Health and Social Services Department.

R e search

W  essex Trust Research Project (Obesity in Children) – This 3-year research study was being led by the

Health Promotion Department. However, with the resignation of a Health Promotion Officer who was leading the research, it was agreed by those involved, that funding from the study be diverted to the Dietetic Department to complete the remainder of the study. Changes in funding arrangements were agreed by the funding body.

 H  ealth-Related Behaviour Questionnaire – This survey represents the only local source of health-related

behaviour information of its kind. The study is carried out every 4  years. A repeat of the study is planned for February next year. Changes to the survey include the addition of year  13 students to the usual year groups of year 6, 8, and 10 which will give the study an enhanced understanding of young people's health.

M  ental Health Promotion

S u icide Prevention Strategy – A recent review of the strategy using new analysis of historical data by those involved  in  its  implementation  has  resulted  in  a  number  of  new  areas  of  work  relating  to  preventive interventions in this area. The strategy is jointly led by Public Health and the Mental Health Directorate with

a range of agencies from across States departments and voluntary agencies. There is no additional resource

attributed to the suicide prevention strategy.

D eputy Southern asks whether changes are being undertaken to better target delivery of such programmes or

whether they represent reductions in service in response to budget cuts.

C  hanges have been made for a number of reasons, including, as the Deputy suggests, to better target the

delivery of programmes. Other reasons include –

R e s p o nding to local data and evidence based practice

M o r e e ffective use of resources

S ta f f c hanges

In t ro d u ction of Employment Law

O p p o r tunities to make a relevant public health contribution D y n a m ic responses to local strategies and initiatives.

 T  he Health and Social Services Committee and Department are always searching for ways in which to

maximise efficiency. However, budget constraints may mean that some services will come under greater pressure."

La Falaise', St. Martin – question and answer

The Deputy of St.  John tabled the following written question of Deputy Terence John Le  Main of St.  Helie President of the Housing Committee –

" I n response to a question regarding La  Falaise, St.  Martin on 19th July 2005, the President indicated that th clean-up of the site would cost many thousands of pounds and that a bill for the clean-up would be sent to the former tenant. Would the President inform members of the total cost to date of the clean-up operation and whether that cost has been billed to the former tenant and paid; if not, would the President explain the reasons why this has not been pursued and confirm whether the tenant has been informed by letter?"

The President of the Housing Committee tabled the following written answer –

" T he former tenant has been written to in detail and advised of the Housing Committee's decision. As this matter relates to the conduct of an individual's tenancy, it would not be appropriate to discuss it further in this forum."

Maintenance of the Jersey Opera House – question and answer

The Deputy of St.  John tabled the following written question of Senator Michael Edward Vibert , President of the Education, Sport and Culture Committee –

" Would the President inform members what provisions, if any, the Committee makes in respect of maintenance of the Jersey Opera House particularly in view of the current external appearance of the building?"

The President of the Education, Sport and Culture Committee tabled the following written answer –

"M embers may recall that the States recently debated and adopted the Committee's recommendations

contained in a Report and Proposition for the Development of a Cultural Strategy for the Island (19th July 2005). This issue, and indeed the whole issue of maintaining the cultural estate, was addressed in the Report and Proposition which informed the debate. In essence, the States has financed huge capital developments in culture over the past 10  years but has failed to increase revenue funding to keep pace with the maintenance demands which buildings make.

S i nce taking over responsibility for culture, the Committee has passed on all resources previously allocated to

cultural organisations by the Finance and Economics Committee and in some cases has even increased its funding. The fact remains, however, that the Jersey Opera House, like the Jersey Heritage Trust with regard to the Archive Centre and the Jersey Arts Centre with regard to St.  James, has had insufficient funding or income to agree the terms of a lease with the Property Services Department for the use of the premises they occupy. At the moment, therefore, the Jersey Opera House remains a States building which the States must maintain whether it is used as a theatre or not. In the absence of a signed lease the responsibility for its maintenance is the responsibility of the Property Services Department. As a short-term measure for 2005, members will recall that a sum of £150,000 was allocated to a Minor Capital Vote in the 2005 Budget for the maintenance of cultural properties in States ownership and that expenditure against this sum has been prioritised and managed by the Property Services Department in consultation with the various organisations occupying the properties. With regard to the Opera House, the priorities are the removal of asbestos and the renewal of a seriously defective flat roof. Even if there were enough resources within this budget to meet all requirements, there is a question as to whether minor capital money may be used for external redecoration.

A  t present, therefore, I fear that the Opera House has been required to look to its own resources and fund-

raising capability to improve the external appearance of the building. I understand that the Board of the Opera House Limited is actively pursuing a number of options in this respect.

T h is is an unsatisfactory state of affairs, not just for the Opera House but for all publicly owned buildings

within the cultural estate. This is one of the first issues which the duly appointed Minister for Education, Sport and Culture should seek to address with the newly formed Property Holdings Department next year."

ITIS (Income Tax Instalment System) – question and answer

Deputy Geoffrey Peter Southern of St.  Helier, tabled the following written question of Senator Terence Augustine Le  Sueur, President of the Finance and Economics Committee –

" W ould the President inform members –

( a ) what mechanisms, if any, are to be put in place for new entrants to Jersey income tax who, under ITIS,

will effectively be paying tax on current earnings, to be on the same footing as those already paying income tax based on the previous year's tax? and,

( b ) will the proposals put an end to the situation whereby those who retire or lose a job find themselves

owing a full year's tax bill, and if not, explain the reasons why?"

The President of the Finance and Economics Committee tabled the following written answer –

" ( a) This information is already in the public domain. It is explained in the answer to question 15 on the ITIS – a brief guide' and in the final paragraph of the basis of assessment section of ITIS – an explanatory leaflet' both available on the Income Tax Office website www.incometax.gov.je .

F o r t h e sake of completeness, however, I can confirm that the ITIS legislation, which was approved by

the States Assembly at the time of the last Budget and which can be examined at Article 41H of the Income Tax Law, does have special provisions for new entrants to Jersey income tax.

T h e s e individuals will not have a local tax bill to pay for the previous year. So their effective rate will be

calculated using an estimate of their liability based upon their personal circumstances and a projection of their annual income.

I t is v ery important, therefore, that these individuals notify themselves to the Comptroller when they enter the labour market so as to get an effective rate that applies to their personal circumstances and,

also, to promptly notify the Comptroller of any material change in their income or circumstances to determine if their effective rate should be altered. If they do not, they may find that they are paying tax

at too high an effective rate.

I c a n a lso confirm that new entrants who register with Social Security are now being issued with Income

Tax Registration Forms so as to get an effective rate appropriate to their circumstances from the Income Tax Office.

S u c h new entrant employees who remain permanently resident in Jersey will transfer on to the

established basis after 7 years, special transitional arrangements applying in years 6 and 7. In essence, the effective rate for years 6 and 7 will be at half their usual effective rate, allowing them to be absorbed into the mainstream tax deduction scheme without too much difficulty in the 8th year.

( b ) Those who retire will have the option to increase their effective rate whilst still in employment thereby

building up a tax credit which can be used to alleviate the tax bill they get in their first year of retirement and which relates to their income whilst in employment. That is the advice being given by the Comptroller to those who know they are going to retire and if that advice is followed nobody will find themselves owing a full year's tax bill on retirement.

T h is a dds a much greater degree of flexibility to the planning of those who are going to retire, as under

the current system this option is not available. So ITIS is a major move in the right direction for those who retire and find themselves with a large tax bill from their previous year's employment income.

O n th e other hand, those who lose their job without any redundancy payment will be considered to be a

genuine hardship case by the Comptroller and a solution will be found that will satisfy both the taxpayer and the Comptroller as to payment of the tax that falls into arrears.

IT  IS i s not a PAYE system but a simplified form of local tax collection and, as such, it cannot cover

every conceivable situation that can arise in relation to a particular taxpayer's circumstances. It will not be able to cater, therefore, for established taxpayers paying in arrears who lose their jobs and who are liable to tax for that year due to their earnings. But the Comptroller will be sympathetic to genuine hardship cases, thereby following a long established practice at the Income Tax Office.