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Order Paper 7th November 2000

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STATES OF JERSEY ORDER PAPER

Tuesday, 7th November 2000

  1. C OMMUNICATIONSBYTHEBAILIFF
  2. T ABLINGOFSUBORDINATELEGISLATION (Explanatory note attached)

Social Security (Earnings Limit) (Jersey) Order 2000. R & O 101/2000. Employment and Social Security Committee

Building Bye-Laws (Amendment No. 4) (Jersey) 2000. R & O 102/2000. Planning and Environment Committee

Island Planning (Tree Preservation) ( St. Helier ) (Amendment No. 2) (Jersey) Order 2000 . R & O 103/2000. Planning and Environment Committee

Motor Vehicle Registration (General Provisions) (Amendment No. 8) (Jersey) Order 2000. R & O 104/2000 Home Affairs Committee

Motor Cars (Driving Instruction) (Amendment No. 11) (Jersey) Order 2000. R & O 105/2000 Home Affairs Committee

Motor Vehicles (Construction and Use) (Amendment No. 2) (Jersey) Order 2000. R & O 106/2000 Home Affairs Committee

Motor Vehicles (Driving Licences) (Amendment No. 12) (Jersey) Order 2000. R & O 107/2000 Home Affairs Committee

  1. M ATTERSRELATINGTOCOMMITTEEMEMBERSHIP

Resignation of Deputy T.J. Le Main of St. Helier from the Health and Social Services Committee. Nomination of Deputy T.J. Le Main of St. Helier as a member of the Planning and Environment Committee

  1. P RESENTATIONOFPAPERS
  1. Papersforinformation

Matters presented under Standing Order 6A(1)(a)

Draft Census (Jersey) Regulations 200- (P.177/2000): comments. P.177/2000 Finance and Economics Committee. C o m . (2 )

Draft Gambling (Betting) (Amendment No. 11) (Jersey) Regulations 200- (P.189/2000):

comments.                 P. 1 8 9 /2  0 0 0         Finance and Economics Committee.         C  o  m .    

Draft Gambling (Licensing Provisions) (Amendment No. 12) (Jersey) Regulations 200- (P.189/2000): comments.

P.190/2000

Finance and Economics Committee. C o m .

Draft Census (Jersey) Regulations 200- (P.177/2000): additional comments. P.177/2000 Human Resources Committee. A d d .C o m

Matters presented under Standing Order 6A(1)(b) Presented on 31st October 2000

Social Security Registration Cards - Proof of Identity (P.113/2000): Report. P.113/2000 Employment and Social Security Committee R p t.

Draft Census (Jersey) Regulations 200- (P.177/2000): comments. P.177/2000

Human Resources Committee         C  o m .      

  1. Notification ofStanding Order decisions

Decision of 30th October 2000. Finance and Economics Committee.

Decisions under delegated functions. Finance and Economics Committee

  1. Notification ofacceptanceoftenders
  2. Paperstobelodged "au Greffe" under Standing Order17A(1)(a)

Referendums: Creation of a Legislative Framework P.  1 88/2000 Deputy P.N. Troy of St. Brelade

Draft Gambling (Betting) (Amendment No. 11)

(Jersey) Regulations 200-           P.  1 8 9 /2 0 0 0       Gambling Control Committee

Draft Gambling (Licensing Provisions) (Amendment No. 12) (Jersey) Regulations 200- P.190/2000

Gambling Control Committee

Draft Competition Regulatory Authority (Jersey) Law 200- P.191/2000 Industries Committee

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

Senator P.V.F. Le Claire

Trinity  House,  Bath  Street,  St.  Helier:  lease  of  accommodation for  Jersey  Advisory  and

Conciliation Service.               P. 1 9 3 /2  0 0 0      Employment and Social Security Committee

Draft Amendment (No. 24) to the Tariff of Harbour and Light Dues. P. 194/2000 Harbours and Airport Committee.

Draft Amendment (No. 25) to the Tariff of Harbour and Light Dues. P. 195/2000 Harbours and Airport Committee.

Draft Boats and Surf-Riding (Control) (Amendment No. 20) (Jersey) Regulations 200-. P.196/2000

Harbours and Airport Committee.

Draft Financial Services (Extension) (Jersey) Law 2000 (Appointed day Act) Act 200- P.197/2000

Finance and Economics Committee

  1. Notification ofPaperslodged "au Greffe" under Standing Order17A(1)(b) Lodged on 31st October 2000

Draft Amendment (No. 22) of the Standing Orders of the States of Jersey. P.186/2000 House Committee

Television Licence Fees: Rebate for Senior Citizens over 75. P.187/2000 Senator C. Stein

  1. Papersforconsiderationby the States in CommitteeunderStanding Order 38A
  1. S TATEMENTS AND PROPOSITIONS RELATING TO THE ARRANGEMENT OF PUBLIC

BUSINESS AT THIS OR ANY SUBSEQUENT MEETING

THE STATES are asked to agree that the following matter lodged "au Greffe" be considered at the present meeting -

Draft States of Jersey (Amendment No. 7) Law 2000 (Appointed Day) Act 200-. P.178/2000 Lodged: 17th October 2000

Legislation Committee.

THE STATES are asked to agree that the following matters lodged "au Greffe" be considered at the next meeting on 21st November 2000 -

Employment legislation.           P. 9 9 /2  0 0 0      Lodged: 20th June 2000.

Employment and Social Security Committee.

Employment legislation (P.99/2000): addendum to report. P.99/2000

Presented: 3rd October 2000.           R p t.        Employment and Social Security Committee.

Employment legislation (P.99/2000): amendments. P. 1 8 3/2000 Lodged: 24th October 2000.

Industries Committee.

Former  Motor  Traffic  Garage  Site,  Pier  Road,  St.  Helier:  transfer  of  administration.   P.142/2000

Lodged: 22nd August 2000.

Public Services Committee.

Draft Harbours (Amendment No. 31) (Jersey) Regulations 200 . P.175/2000 Lodged: 10th October 2000

Harbours and Airport Committee.

Draft Amendment (No. 21) of the Standing Orders of the States of Jersey. P.184/2000 Lodged: 24th October 2000

House Committee

Draft Amendment (No. 22) of the Standing Orders of the States of Jersey. P.186/2000 Lodged: 31st October 2000

House Committee

Television Licence Fees: Rebate for Senior Citizens over 75. P.187/2000 Lodged: 31st October 2000

Senator C. Stein

Draft Gambling (Betting) (Amendment No. 11)

(Jersey) Regulations 200-           P.  1 8 9 /2 0 0 0       Lodged: 7th November 2000

Gambling Control Committee

Draft Gambling (Betting) (Amendment No. 11) (Jersey) Regulations 200- (P.189/2000):

comments.                 P. 1 8 9 /2  0 0 0         Presented: 7th November 2000

Finance and Economics Committee.         C  o  m .    

Draft Gambling (Licensing Provisions) (Amendment No. 12) (Jersey) Regulations 200- P.190/2000

Lodged: 7th November 2000.

Gambling Control Committee

Draft Gambling (Licensing Provisions) (Amendment No. 12) (Jersey) Regulations 200- (P.189/2000): comments.

P.190/2000

Presented: 7th November 2000

Finance and Economics Committee. C o m .

Draft Competition Regulatory Authority (Jersey) Law 200-. P.191/2000 Lodged: 7th November 2000

Industries Committee

Trinity House, Bath Street, St. Helier: lease of accommodation for the Jersey Advisory and

Conciliation Service.               P. 1 9 3 /2  0 0 0      Lodged: 7th November 2000

Employment and Social Security Committee

Draft Amendment (No. 24) to the Tariff of Harbour and Light Dues. P. 194/2000 Lodged: 7th November 2000

Harbours and Airport Committee.

Draft Amendment (No. 25) to the Tariff of Harbour and Light Dues. P. 195/2000 Lodged: 7th November 2000

Harbours and Airport Committee.

Draft Boats and Surf-Riding (Control) (Amendment No. 20) (Jersey) Regulations 200-. P.196/2000

Lodged: 7th November 2000

Harbours and Airport Committee.

Draft Financial Services (Extension) (Jersey) Law 2000 (Appointed day Act) Act 200- P.197/2000

Lodged on 7th November 2000

Finance and Economics Committee

THE STATES are asked to note that Senator C. Stein will seek leave to withdraw the proposition regarding Television Licence Fees: Rebate for Senior Citizens (P.53/2000 lodged "au Greffe" on 11th April 2000) having lodged a revised proposition at the present meeting.

In accordance with Standing Order 17(6) the following Paper is deemed to have been withdrawn -

Social rented and first-time buyer housing: proposals for future funding. P. 74/99 Lodged: 25th May 1999 (paragraphs 1 and 2 adopted on 7th July 1999).

Housing Committee.

  1. P RESENTATIONOFPETITIONS
  1. Q UESTIONS

The   Deputy  of   Trinity  will  ask  a question of the  President of the  Industries Committee  regarding  the pension arrangements of new employees of Jersey Post and Jersey Telecoms following incorporation.

Deputy Jeremy Laurence Dorey of St. Helier will ask a question of the President of the Finance and Economics Committee regarding the transfer of funds allocated to the New Town Primary School project.

The Deputy of St. John will ask a question of the President the Policy and Resources Committee regarding information on human rights.

Deputy Celia Joyce Scott - Warr en of St. Saviour will ask a question of the President of the Jersey Transport Authority regarding the provision of flights to the Island "at reasonable cost".

Deputy Gerard Clifford Lemmens Baudains of St. Clement will ask a question of the President of the Legislation Committee regarding the Loi (1864) Reglant La Procédure Criminelle, as amended on 24th October 2000.

  1. MA TTERS OF PRIVILEGE
  2. P E R SONALSTATEMENTS
  3. C O MMITTEE STATEMENTS
  4. P U BLIC BUSINESS

Jersey Law Commission: appointment of Chairman.   P. 1 8 5 /2  0 00 Lodged: 24th October 2000

Legislation Committee

Draft Police (Honorary Police Complaints and Discipline Procedure) (Jersey) Regulations 200  . P.159/2000

Lodged: 19th September 2000.

Home Affairs Committee

Draft Police (Honorary Police Complaints and Discipline Procedure) (Jersey) Regulations 200

(P.159/2000): amendments.             P. 1 6 9 /2 0 0 0       Lodged: 26th September 2000.

Deputy G.C.L. Baudains of St. Clement .

Draft Police (Honorary Police Complaints and Discipline Procedure) (Jersey) Regulations 200-

(P.159/2000): second amendments.             P. 1 7 1 /2 0 0 0     Lodged: 3rd October 2000.

Deputy of St. Martin .

Jersey Police Complaints Authority: appointment of Chairman and members. P. 1 60/2000 Lodged: 19th September 2000.

Home Affairs Committee.

Draft Police (Complaints and Discipline) (Jersey) Law 1999 (Appointed Day) Act 200  .P.158/2000 Lodged: 19th September 2000.

Home Affairs Committee.

Draft Rehabilitation of Offenders (Jersey) Law 200  .   P. 1 3 0 /2  0 00 Lodged: 11th July 2000.

Legislation Committee.

Draft Criminal Justice (Community Service Orders) (Jersey) Law 200 .P.141/2000 Lodged: 22nd August 2000.

Legislation Committee.

Equalisation of welfare.           P.  1 6 4 /2 0 0 0        

Lodged: 26th September 2000. Connétable of St. Peter .

Equalisation of welfare (P.164/2000) : amendment(s)           Senator C.G.P. Lakeman

(Attached)

Control of public entertainment.         P. 1 6 8 /2  0 0 0      Lodged: 26th September 2000.

Senator C.G.P. Lakeman.

Draft Census (Jersey) Regulations 200-      P.  1 7 7 /2 0 0 0    Lodged: 24th October 2000.

Etat Civil Committee

Draft Census (Jersey) Regulations 200- (P.177/2000): comments P.177/2000

Presented: 31st October 2000.             C  o m .         Human Resources Committee

Draft Census (Jersey) Regulations 200- (P.177/2000): comments P.177/2000

Presented: 7th November 2000.           C o m  .( 2 )      Finance and Economics Committee

Draft Census (Jersey) Regulations 200- (P.177/2000): comments P.177/2000

Presented: 7th November 2000.           A d d . C o m  .     Human Resources Committee

Draft Census (Jersey) Regulations 200- (P.177/2000): amendments. P.182/2000 Lodged: 24th October 2000.

Deputy J.L. Dorey of St. Helier .

Poplars Day Centre extension: approval of drawings.  P.  1 7 9 /2 000 Lodged: 24th October 2000.

Health and Social Services Committee.

Astoria Guest House, 93 Rouge Bouillon, St. Helier : acquisition. P.180/2000 Lodged: 24th October 2000.

Health and Social Services Committee.

Draft Bankruptcy (Désastre) (Amendment No. 5) (Jersey) Law 200-. P181/2000 Lodged: 24th October 2000.

Finance and Economics Committee.

Subject to E

Draft States of Jersey (Amendment No. 7) (Law 2000 (Appointed Day) Act 2000- P.178/2000 Lodged: 17th October 2000

Legislation Committee

C.M. NEWCOMBE

Greffier of the States

2nd November 2000

Explanatory Note regarding subordinate legislation tabled at this Meeting

(See Item B)

R & O 101/2000

The purpose of this Order is to increase the earnings limit above which a Class 1 insured person's earnings shall be disregarded in calculating his or her Class 1 contributions to £2446 a month.

The Order was made on 26th October 2000 and comes into force on 1st  January 2001. R & O 102/2000

The purpose of these bye-laws is to make it unnecessary for application for building approval to be made in respect of the installation of certain heat producing appliances where the installation work is carried out by competent persons.

The bye-laws were made on 26th October 2000 and come into force on 1st January 2001. R & O 103/2000

This Order prohibits the cutting down or destruction of three trees in St. Helier without the consent of the Planning and Environment Committee.

The Order was made on 26th October 2000 and comes into force forthwith. R & O 104/2000

This Order increases, with effect from 1st January 2001, the fees payable on certain applications in respect of the registration of motor vehicles and the issue of trade licences.

The Order was made by the Home Affairs Committee on 2nd November 2000. R & O 105/2000

This Order increases from £63 to £64.50 both the fee for the written part of the examination for driving instructors for motor cars and the fee for the practical part of that examination.

It also increases from £125 to £128 both the fee for entry in the register of driving instructors and the fee for retention in that register.

The Order was made on 2nd November 2000 and comes into force on 1st January 2001. R & O 106/2000

The purpose of this Order is to increase from £63 to £64.50 the fee for a licence under Article 39A of the Road Traffic (Jersey) Law 1956 (authorization of use on roads of vehicle not complying with Orders under Article 39 of that Law).

The Order was made on 2nd November 2000 and comes into force on 1st January 2001. R & O 107/2000

The purpose of this Order is to increase, as from 1st January 2001, the fees payable in respect of various categories of driving tests.

The fees were last increased on 1st January 2000. The increases are from £33 to £34, £61.50 to £63.00, £28 to £29 and £21.50 to £22.00.

The Order was made on 2nd November 2000 and comes into force on 1st January 2001.

NOTIFICATION OF STANDING ORDER DECISION - FINANCE AND ECONOMICS COMMITTEE

30th October 2000

As recommended by the Harbours and Airport Committee, the assignment  from Exel Europe Limited to Ferryspeed (CI) Limited of the unexpired portion of the lease for the period to 13th June 2004 of Elizabeth Harbour Warehouse (E26), comprising -

  1. accommodation within the south west part of Phase I Warehouse Elizabeth Harbour, St. Helier, measuring 5,931 square feet, at an annual rental of £40,140.41; and
  2. the ground site immediately outside the warehouse unit, measuring 461 square feet, at an annual rental of £592.42.

NOTIFICATION OF STANDING ORDER DECISIONS - FINANCE AND ECONOMICS COMMITTEE

(delegated functions)

30th October 2000

  1. a s recommended by the Housing Committee, the lease to the Jersey Electricity Company Limited of the site of electricity sub-station No. 49 and Section Pillars Nos. 6665 and 6689, situated at Oak tree Gardens, St. Helier, for a period of 99 years at an annual rent of £1 for each site, together with the granting of the associated wayleave free of charge, at a one-off cost of £297, with each party to be responsible for its own legal costs arising from the transaction;
  2. a s recommended by the Housing Committee, the renewal of the lease to the Jersey Electricity Company Limited of the site of electricity sub-station No. 59, situated at Grasett Park, St. Saviour , for a period of 99 years at an annual rent of £1, together with the granting of the associated wayleave free of charge, at a one-off cost of £99, with each party to be responsible for its own legal costs arising from the transaction;
  3. a s recommended by the Harbours and Airport Committee, the termination of the lease by KLM UK of a ticket desk in the John Le Fondré Departures Hall , Jersey Airport, in respect of which a termination fee of £10,000 was to be paid;
  4. a s recommended by the Harbours and Airport Committee, the lease to C.I. Travel Holding limited of one unit of office accommodation (Letting No. 41 - measuring 105  square feet) on the first floor of Alares House, Jersey Airport, for a period of three years from 1st September 2000, at an annual rent of £1,305 (representing a rate of £12.42 a square foot) being the market rent for the premises, with a break option on the part of the Lessee and Lessor, by giving three months notice in writing, the rent to be reviewed on 1st September 2001 and 2002 in line with the Jersey Retail Price Index;
  5. a s recommended by the Harbours and Airport Committee, the addendum to the current lease to Commodore Express (Jersey) Limited in respect of the Elizabeth Harbour (E27) Warehouse (due to expire on 30th June 2004), of the Elizabeth Harbour (E25B) Warehouse (including toilets) from 1st August 2000, on the same terms and conditions as the existing lease, at an annual rent of £12,602.70 (plus £1,068.65 for toilets) - a total rent of £13,671.35 (representing a rate of £7.37 a square foot for a rental area of 1,710  square feet (and 145  square feet for the toilets);
  6. a s recommended by the Harbours and Airport Committee, the renewal of the lease to the St. Catherine's Sailing Club Incorporated of a clubhouse, dingy park and surrounding land for a period of nine years commencing on 25th December 1999 at an annual rent of £1,495.88, subject to annual rent reviews in line with the Jersey Retail Price Index; and,
  7. a s recommended by the Planning and Environment Committee, the lease from Mr. William Bertram Payn of the property known as 4, Beachside, La Rue du Pont, La Rocque, Grouville , for occupation by a j' category employee of the Health and Social Services Committee, for an additional period of six months until 28th February 2001 at an increased annual rent of £15,660, with an option to expend the lease for a further 30 months, with all existing terms and conditions remaining the same.

QUESTION PAPER

(See Item G)

The Deputy of Trinity will ask the following question of the President of the Industries Committee -

" O n 4th July 2000 the States overwhelmingly approved my amendment (P.101/2000) to the Policy and Resources

Committee's proposition Incorporation of Jersey Post and Jersey Telecoms: revised approach (P.90/2000)'. Does the President accept that the clear intention of my amendment was to ensure that the new Laws (with some possible individual exceptions which have been made clear) should require either new company, if it wished to set up alternative pension arrangements for new employees outside PECRS, to refer such alternative pension arrangements to this Assembly for prior approval.

If th e answer to question 1 is in the affirmative would the President confirm that instructions have been or will shortly

be given to the Law Draftsman to incorporate suitable clauses in the proposed Postal and Telecoms Laws and if not, would the President provide a full explanation of his reasons for ignoring the clearly expressed views of this Assembly, indicating in particular what authority he has relied on for so doing?"

Deputy Jeremy Laurence Dorey of St. Helier will ask the following question of the President of the Finance and Economics Committee -

" D u ring the course of the debate on the States Resource Plan 2000 (P.143/2000), on 26th September 2000, the

Assembly was informed (contrary to statements made on Page 15 of that report) that its consent was not required for the transfer of funding from the New Town Primary School project, to make up the expected shortfall on the Langford site Sports Centre.

T h e reason for this, was that the Education Committee had used its powers under Article 18(2) of the Public Finances

(Administration) (Jersey) Law 1967 to transfer funding (although it appears the Committee will in 2004 be requesting funding for a New Town Primary School again).

D o u btless the Finance and Economics Committee will in due course be complying with its duty under Article 18(3) of

the same Law, to submit to the States a list of such transfers between votes.

Wo u ld the President accept -

(a ) th at it is a matter of concern to the community and to this Assembly that monies have been borrowed', with

no apparent intention of repayment, from an ongoing project in this way?

  (b ) th at this use of Article 18(2) has effectively deprived the Assembly, until the New Town Primary School

project is itself resubmitted in 2004, of an opportunity to express its opinion on the full extent of capital spending in 2000?

(c ) th at it is a matter of public concern that a project originally costed at £2.4 million should have an eventual

outturn cost of £8.7 million, and that the community deserves a full explanation of this cost overrun, together with credible assurances that such a situation will not recur in the case of other capital projects, such as the major work to be carried out on Le Rocquier School?"

The Deputy of St. John will ask the following question of the President the Policy and Resources Committee - "Wo  uld the President advise members -

  (a ) w ho is responsible for promoting knowledge and awareness of human rights in Jersey and where would a

member of the public go to get this information?

  (b ) w hen will householders be given a copy of the Human Rights (Jersey) Law 2000 with explanatory notes so as

to be prepared for enactment day? (Some of this information is on the internet but many people do not have access to technology)?

  (c ) w hich vote will fund the promotion of human rights in Jersey and how much has the Committee requested for

this purpose?"

Deputy Celia Joyce Scott - Warr en of St. Saviour will ask the following question of the President of the Jersey Transport Authority -

" In P.123/94 presented on 27th September 1994 which established the present responsibilities of the Jersey Transport

Authority, the interest of users of air transport were described as follows -

  f o r lo c al residents and businessmen the requirement is for a sufficient capacity on a daily, year round, basis to

provide for on demand travel at reasonable cost on services linking the island with a number of centres of population in the United Kingdom and with the other Islands'.

T h e p r oposition further stated that one of the main aims of the Authority would be to secure the lowest fare

structure consistent with viable operations'.

  In v ie w   of the above, would the President explain to members what action the Authority is taking, and intends to

take, to ensure the airlines operating to the Island offer flights at reasonable cost' when air travel is often very expensive, with mid-week day-return economy' fares from Jersey to Gatwick being between £240 and £300 (first flight out and last flight back), and midweek return flights from Jersey to Manchester that cost £346.70?"

Deputy Gerard Clifford Lemmens Baudains of St. Clement will ask the following question of the President of the Legislation Committee -

"1 . Pa  ragraph 4 of Article 10 of the Loi (1864) Reglant La Procedure Criminelle, as amended on 24th October 2000

states -

a n y p e rs o n h a ving been, in the Island or elsewhere, sentenced to imprisonment for not less than one

month;'

Wo   uld the President explain to members -

(a ) if th is means anywhere in the world, or, if not, what limits are intended?

(b ) w h at checks are made to ascertain whether a potential juror complies with the requirement of paragraph 4? 2 . With regard to the last line of paragraph 5 -

o r s e n te n c e d in like manner outside the Island'

  Wo u ld the President explain to members who is responsible for the necessary comparison, and how the various

systems of justice and sentencing outside the Island are equated with our own?

3 . N ow that it is no longer a requirement for a juror to be a British subject, would the President advise members

whether all nationalities are accepted, or whether any restrictions apply?

EQUALISATION OF WELFARE (P.164): AMENDMENT

In paragraph (a) of the proposition, after the word  Island  insert  the words to include provision for appropriate management and administration,

SENATOR C.G.P. LAKEMAN

Report

At a recent meeting involving eight St. Helier Deputies, one Senator (being a St. Helier ratepayer) and the Connétable of St. Helier, it was unanimously agreed that whilst those present fully supported the general principle of equalisation the cost of providing welfare across the parishes, they could not support the proposition (P.164/2000) in its present form.

This proposition is in the name of Senator C.G.P. Lakeman as Standing Orders do not allow propositions to be lodged in more than one individual's name. Senator Lakeman is acting as spokesman for members of the original group who met, namely -

Senator P.A. Bailhache

Mr. R.L. Le Brocq, Connétable of St. Helier Deputy S.M. Baudains of St. Helier

Deputy A.S. Crowcroft of St. Helier Deputy J.B. Fox of St. Helier

Deputy J.J.Huet of St. Helier

Deputy T.J. Le Main of St. Helier

Deputy J.A. Martin of St. Helier

Deputy P.F.C. Ozouf of St. Helier

Deputy P. Routier of St. Helier

in addition to

Deputy J-A Bridge of St. Helier Deputy J.L. Dorey of St. Helier

The reason for the above decision, related to the absence of any clear explanation or definition of the meaning of the words in paragraph (a)( of the proposition - "the cost of providing welfare".

This proposition is largely based upon the conclusions of a study undertaken by Jurat P. Blampied and Mr. G. Grime in November 1999. This provided the Comité des Connétable s with an estimate of the cost of native welfare for each parish in 1998/1000.

However, as Mr. Grime stated in his letter dated 22nd November 1999 addressed to the chairman and members of the Comité des Connétable s -

" th  e r eport seeks only to establish the cost of welfare paid to natives by each parish, and the cost of providing welfare

accommodation by each parish for natives."

From the above, the conclusion can presumably be drawn that the majority of the Connétable s have decided, despite representations made to the Comité des Connétable s by the Parish of St. Helier, that the welfare costs to be equalised must relate solely to those funds paid out directly to native claimants as identified in the Blampied/Grime report, and should not include any element to reflect the unavoidable management or administration costs of those parishes who have the largest proportion by far of welfare claimants.

The view at the recent meeting of St. Helier political representatives was that that the above decision was not only undemocratic - it was also unfair to the ratepayers of parishes with a high welfare burden, who would once again bear the penalty for being the most populous parishes bearing the brunt of the Island's welfare burden.

The effect of this amendment therefore is to make abundantly clear that the cost of providing welfare services in any parish must include, in addition to the actual payments made to any native, an amount to reflect the true cost of providing the administrative and management of that process.

The difficulty of the proposition as it stands is that the process outlined attempts to provide an-all-embracing solution to provide for the requirements of twelve organisations - at least one of which differs markedly in size and complexity from all of the others.

If members agree to the amendment, it is suggested the next step should be to set up a Working Group to build on the conclusions of the Blampied/Grime report, and to establish clear guidelines identifying exactly what administration and management costs should be taken into account in establishing the true cost of welfare services provided by each parish. The Working Group could also usefully determine what level of provision should be made "for the appropriate management, administration and audit" of the central fund, which is proposed in paragraph (b)(iii) of the proposition. It would also appear sensible to establish a common formula for these expenses for non-native welfare, currently funded by the Employment and Social Security Department.

It is further suggested that the Working Group should be set up under the auspices of the Policy and Resources Committee and be made up of individuals who have no vested interest in the outcome of the study, but who have a great deal of experience and knowledge of the workings of the parochial administration and system of government. This recommendation is made in the knowledge that a number of other agencies,. including the Employment and Social Security Committee, are examining various matters to do with the Island's welfare system - including a possible integrated system and centralisation of functions. However, it is considered that these matters do not fall within the scope of the abovementioned review.

Financial and Manpower implications

This amendment has no direct financial or manpower implications for the States of Jersey.

STATES MEMBERS LUNCHEON

No.3 Committee Room

I will require lunch at today's meeting.

Signed................................................... Name..................................................

Please hand this slip to an usher before 10.00 a.m. today