Order Paper 21st October 2003

STATES OF JERSEY ORDER PAPER

Tuesday 21st October 2003

1. COMMUNICATIONS BYTHE BAILIFF
2. TABLING OF SUBORDINATE LEGISLATION
3. MATTERS RELATING TO COMMITTEE MEMBERSHIP

Resignation of Deputy Jacqueline Ann Hilton from the Home Affairs Committee.

4. PRESENTATION OF PAPERS

1. Papers for information

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

School Milk: provision for the years 2003, 2004 and 2005 P.7/2003. Com. (P.7/2003) – comments. (3) Finance and Economics Committee.

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

14th October 2003

Public right of access to information, financial and other records of the P.34/2003. Com. States of Jersey (P.34/2003): comments. (3) Policy and Resources Committee.

2. Notification of Standing Order decisions
3. Notification of acceptance of tenders
4. Papers to be lodged "au Greffe" under Standing Order 17A(1)(a)

Harbours and Airport Committee: Vote of No Confidence. P.143/2003. Senator E.P. Vibert .

5. Notification of Papers lodged "au Greffe" under Standing Order 17A(1)(b)

14th October 2003

Draft Transfer of Functions (Policy and Resources Committee) P.140/2003. (Jersey) Act 200-.

Policy and Resources Committee.

Residential and business parking scheme, Stopford Road area, P.141/2003. St.  Helier: fees.

Deputy G.P. Southern of St. Helier.

Château La Chaire, Rozel, St.  Martin: restoration of gardens. P.142/2003. Connétable of St. Helier.

6. Papers for consideration by the States in Committee under Standing Order 38A

5. STATEMENTS  AND  PROPOSITIONS  RELATING  TO  THE ARRANGEMENT  OF  PUBLIC  BUSINESS  AT  THIS  OR  ANY SUBSEQUENT MEETING

In accordance with Standing Order 22(3), the President of the Housing Committee has instructed the Greffier of the States to withdraw the proposition regarding Bas du Mont Flats, Pier Road, St. Helier : sale to the Christians Together in Jersey (CTJ) Housing Trust, (P.135/2003 (re-issue) lodged "au Greffe" on 30th September 2003), which was set down for consideration at the current meeting.

THE STATES are  asked  to  agree that the  following  matters lodged "au  Greffe" be considered at their next meeting on 4th November 2003 -

A Tobacco Strategy for Jersey. P.109/2003. Lodged: 15th July 2003.

Health and Social Services Committee.

A Tobacco Strategy for Jersey (P.109/2003): comments. P.109/2003. Presented: 9th September 2003. Com. Finance and Economics Committee.

A Tobacco Strategy for Jersey (P.109/2003): comments. P.109/2003. Presented: 23rd September 2003. Com.(2) Employment and Social Security Committee.

A Tobacco Strategy for Jersey (P.109/2003): amendments. P.109/2003. Lodged: 5th August 2003. Amd. Senator E.P. Vibert .

A Tobacco Strategy for Jersey (P.109/2003): second amendment. P.109/2003. Lodged: 19th August 2003. Amd.(2) Deputy A. Breckon of St. Saviour .

Jersey Legal Information Board: introduction of user pays' charges. P.139/2003. Lodged: 7th October 2003.

Finance and Economics Committee.

Draft Transfer of Functions (Policy and Resources Committee) P.140/2003. (Jersey) Act 200-.

Lodged: 14th October 2003.

Policy and Resources Committee.

Residential and business parking scheme, Stopford Road area, P.141/2003. St.  Helier: fees.

Lodged: 14th October 2003.

Deputy G.P. Southern of St. Helier.

Château La Chaire, Rozel, St.  Martin: restoration of gardens. P.142/2003. Lodged: 14th October 2003.

Connétable of St. Helier.

Harbours and Airport Committee: Vote of No Confidence. P.143/2003. Lodged: 21st October 2003.

Senator E.P. Vibert .

(In accordance with Standing Order 18B, the States are required to

debate a proposition of no confidence at the next meeting following

that on which it was presented).

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

Machinery  of  Government:  composition  and  election  of  the  States P.186/2002. Assembly.

Lodged: 8th October 2002.

Special  Committee  on  the  Composition  and  Election  of  the  States

Assembly.

6. PRESENTATION OF PETITIONS
7. QUESTIONS

Senator E.P. Vibert will ask a question of the President of the Harbours and Airport Committee regarding the operation of the Jersey-St. Malo car ferry route.

The Deputy of St. John will ask questions of the President of the Harbours and Airport Committee regarding the operation of the Jersey-St. Malo car ferry route.

Senator P.V.F. Le Claire will ask a question of the President of the Harbours and Airport Committee regarding the operation of the Jersey-St. Malo car ferry route.

The Deputy of St. John will as a question of the President of the Economic Development Committee regarding the operation of the Jersey-St. Malo car ferry route.

Senator E.P. Vibert will ask a question of the President of the Environment and Public Services Committee regarding the Connex bus service.

Deputy R.G. Le Hérissier of St. Saviour will ask a question of the President of the Employment and Social Security Committee regarding youth unemployment.

The Deputy of St. John will ask a question of the President of the Education, Sport and Culture Committee regarding career assistance for young people.

Deputy G.C.L. Baudains of St. Clement will ask questions of the President of the Housing Committee regarding housing developments in St. Clement .

Deputy  G.C.L. Baudains of St. Clement will ask a question of  the President of the Finance and Economics Committee regarding first-time' buyers.

The Connétable of St. Helier will ask a question of the President of the Health and Social Services Committee regarding the proposed construction of a nursing home and day care centre at Belle Vue, St. Brelade.

Deputy  G.C.L. Baudains of St. Clement will ask a question of  the President of the Economic Development Committee regarding the use of the Howard Davis Farm, Trinity . Deputy G.P. Southern of St. Helier will ask questions of the President of the Finance and Economics Committee regarding sales tax and income distribution.

The Deputy of St. John will as a question of the President of the Economic Development Committee regarding the Jersey Herd.

8. MATTERS OF PRIVILEGE
9. PERSONAL STATEMENTS
10. COMMITTEE STATEMENTS
11. PUBLIC BUSINESS

School milk: provision for the years 2003, 2004 and 2005. P.7/2003. Lodged: 28th January 2003.

Deputy G.P. Southern of St. Helier.

School milk: provision for the years 2003, 2004 and 2005 (P.7/2003) - P.7/2003. Com. comments.

Presented: 18th February 2003.

Economic Development Committee.

School Milk: provision for the years 2003, 2004 and 2005 P.7/2003. Com. (P.7/2003) – comments. (3) Presented: 21st October 2003.

Finance and Economics Committee.

Succession Rights for children born out of wedlock. P.121/2003. Lodged: 12th August 2003.

Legislation Committee.

Draft Protection of Children (Amendment No.  3) (Jersey) Law 200-. P.133/2003. Lodged: 16th September 2003.

Legislation Committee.

Draft Transfer of Functions (Environment and Public Services P.134/2003. Committee) (No.  2) (Jersey) Act 200-.

Lodged: 23rd September 2003.

Environment and Public Services Committee.

Draft The Lloyds TSB (Jersey) Law 1997 (Appointed Day) (No.  3) P.136/2003. (Jersey) Act 200-.

Lodged: 7th October 2003.

Finance and Economics Committee.

Le Rocquier School, St.  Clement: redevelopment Phase  2–  P.138/2003. construction of new school – approval of drawings.

Lodged: 7th October 2003.

Education, Sport and Culture Committee.

A.H. HARRIS Deputy Greffier of the States

16th October 2003

QUESTION PAPER (See Item G)

Senator E.P. Vibert will ask the following question of the President of the Harbours and Airport Committee - "W  o u ld the President inform members -

( a) of the exact amount of dues due to the Island by Emeraude Lines when the ordre provisoire was

served, how long the various amounts making up the whole amount had been outstanding, and the normal trading terms applying to commercial operators at the Harbour?

( b ) of the total amount of outstanding dues beyond normal credit terms due to the States by other

commercial operators at the time of the serving of the ordre provisoire, the names of those debtors and the amounts concerned, as well as the length of time each amount was overdue beyond normal credit terms?

( c) of the total amount of outstanding dues beyond normal credit terms due to the States by Airport

commercial operators as at the end of the last monthly accounting period, the names of those debtors and the amounts concerned, as well as the length of time each amount was overdue beyond normal credit terms?

( d ) whether the reason for granting Condor a licence on the Jersey St. Malo route was because the

Committee feared that Emeraude might be in financial difficulties and it wanted to ensure that the St. Malo-Jersey run was not left without a service; if so, would the President explain how that could have been possible, considering the presence of Condor on the Channel Island routes; if the answer is in the negative, would the President inform members why a licence was granted to Condor when it was known that Emeraude's position was financially unsound and that the granting of such licence would further weaken that company's position?"

The Deputy of St. John will ask the following questions of the President of the Harbours and Airport Committee - "1 . W ith regard to harbour dues, would the President inform members –

( a ) w  h et her the Committee is considering reducing harbour landing dues for this winter, and, if so,

by how much? and,

( b ) w  h et her the Committee intends to approach the Tourism Development Fund to assist in reducing

landing dues at the harbour, and, if not, the reasons for this?

2 . With regard to the current situation regarding Emeraude Lines' financial difficulties, will the

President inform members –

( a ) w h e t her the Committee will be working closely with the French Court representative in a manner

that will benefit all the Emeraude employees, travelling public and Harbours Department? and,

( b ) f o ll o wing receipt by all members of an open letter from a member of the public with reference to

harbour dues, would the President advise whether he has responded to that letter, and, if so, whether he will be copying the response to members and if not, why not?

3 . W ith regard to the Jersey-St. Malo ferry route, would the President inform members –

( a ) o f t h e Committee's reasons for opening up the route to two operators earlier this year?

 ( b ) w h e ther it is the Committee's intention of re-instating the Jersey-St. Malo route to a single

operator, and, if not, the reasons for this? and,

( c ) w h  et her a service level agreement is to be put in place for all commercial operators who service

the Jersey-St. Malo route, and, if not, the reasons for this?

4 . W ill the President inform members –

( a ) whether the Harbour Authorities, at the time of the seizure of Solidor V, had been holding

meaningful talks with the French Administrator appointed by the Tribunal de Commerce in France to run Emeraude Lines' affairs, and , if not, the reasons why? and,

( b ) whether the French Administrator was present at discussions with the management of Emeraude

Lines immediately following the seizure of Solidor V, and, if not, at what time during negotiations was the Administrator brought into the discussions and the reasons for this delay?"

Senator P.V.F. Le Claire will ask the following question of the President of the Harbours and Airport Committee - "W o u ld the President inform members –

( a ) the cost of accommodating stranded passengers in local hotels after the decision was made to

impound Emeraude Lines' vessel Solidor V?

(b ) f rom which Committee's budget the foregoing accommodation costs were provided, and under whose

authority such expenditure was sanctioned?

(c ) what other costs were incurred, if any, other than those relating to accommodation and from what

source funding has been made available?

(d ) whether the Committee is aware of any expressions of interest in Emeraude Lines which have been

made by other local ferry companies to the Administrateur Judiciaire, and, if so, would the President provide details?"

The Deputy of St. John will ask the following question of the President of the Economic Development Committee -

" W  it h  regard  to  the  Jersey-St.  Malo  ferry  route,  would  the  President  inform  members  whether  the Committee is considering providing assistance to Emeraude Lines in trying to restructure its operation?"

Senator E.P. Vibert will ask the following question of the President of the Environment and Public Services Committee -

" W o u ld the President inform members of the fare revenue for August and September achieved by Connex Transport Jersey Limited in the operation of the bus service?"

Deputy R.G. Le Hérissier of St. Saviour will ask the following question of the President of the Employment and Social Security Committee -

" ( a) Would the President state how many young people at or below the age of 25 are registered as unemployed at present, and is the Committee satisfied that this number is an accurate reflection of the real situation in regard to youth unemployment?

(b ) What measures, if any, are in place to deal with youth unemployment and how effective are these

measures proving?"

The Deputy of St. John will ask the following question of the President of the Education, Sport and Culture Committee -

" (a ) As a number of young people have left school and gone out into the workplace but have been unable to obtain employment, what preparations has the Committee put in place to help young people wishing to return to full-time education or to assist them to obtain a job placement?

( b ) With the apparent reduction in the number of jobs in the finance industry, what steps is the

Committee taking to encourage young people into other careers, such as nursing, engineering and other manual trades?"

Deputy G.C.L. Baudains of St. Clement will ask the following questions of the President of the Housing Committee -

"1 . W ould the President –

( a ) confirm the undertaking he gave at a meeting of St. Clement parishioners on 30th September

2003, namely that the Committee will sell 139 three-bedroom houses from the Le Squez Estate, and 53 three-bedroom houses from the redeveloped Le Marais low rise to first time buyers?

( b ) confirm that the refurbishment of Le Squez Estate will increase the number of bedrooms there

from 589 to 691, namely 416 for sale and 275 for States rental?

( c ) advise members whether the Committee expects the profit from the Le Squez re-development

sales to fund the whole estate's redevelopment?

( d ) explain why the Committee did not consult with the Parish regarding the allocation of social

rented and first time buyer homes on St. Clement's rezoned sites and will he give a commitment to do so in future? and,

( e ) confirm whether Field No. 40, St. Clement is part of an agreement involving a field in St. Ouen

whereby all of the former is to be developed for social rented accommodation thereby avoiding the 45/55 per cent split with first-time buyer properties?

2 . W ill the President explain the funding mechanism for building social rented housing on Hodge 2 and

Field No. 40, St. Clement?"

Deputy G.C.L. Baudains of St. Clement will ask the following question of the President of the Finance and Economics Committee -

" W  il l the President advise whether the Committee has a strategy to assist first-time buyers who become trapped in negative equity situations with their lenders?"

The Connétable of St. Helier will ask the following question of the President of the Health and Social Services Committee -

" F o ll owing the decision of the States dated 18th September 2003, in which, as part of the States Resource Plan 2004-2008, they approved capital expenditure of £3,819,000 for 2004, and approved in principle capital expenditure for 2005 of £2,804,000, to enable the construction of a 28-bed nursing home and day

care centre at Belle Vue, St. Brelade, would the President undertake to prepare and present to the States a full

business case to support the development of the residential nursing home and day care centre, and to include in the business case an examination of the alternative means of providing a similar number of residential nursing beds, before he presents to the States for approval the drawings relating to this project?"

Deputy G.C.L. Baudains of St. Clement will ask the following question of the President of the Economic Development Committee -

" W o u ld the President inform members which functions the Committee intends to relocate to the Howard Davis Farm, and whether these proposals conform with the 1927 Deed of Gift by Mr. Davis, namely that the property is to be used as .. une ferme d'expériences pour le développement de l'étude de l'agriculture et pour l'instruction en cette science de jeunes Jersias et autres personnes interessées'."

Deputy  G.P.   Southern  of  St.  Helier  will  ask  the  following  questions  of  the  President  of  the  Finance  and Economics Committee -

" 1 . In the document Social Trends', Edition No. 33:2003, produced by the U.K. Office for National Statistics, it is revealed that the percentage of disposable income paid out in indirect taxes in the UK rises from 16 percent for top earners to 33 percent for those on the lowest incomes.

W  i ll t h e P resident inform members whether the introduction of a sales tax in Jersey, as outlined in his

presentation to members on 8th October 2003, will inevitably have greatest impact upon those on low incomes?

2 . ( a) Does the President accept that the data revealed in Table 9 of the Jersey Income Distribution

Study  2002  prepared  by  the  Statistics  Unit  of  the  Policy  and  Resources  Department, summarised below, demonstrates that our current tax and benefit system fails to compensate for the high cost of housing in the island, pushing the poorest households into greater relative poverty?

C o m  p o s it io n o f household weekly income by quintile group (after housing costs) -

( b ) W  h a t changes to the tax and benefits system does the President propose in order to remedy this

situation in the short term?

3 . T he Jersey Income Distribution Study 2002 revealed that "the average pay of a full-time worker was

about £480 per week". The equivalent figure of "average gross weekly earnings" taken from the New Earnings Survey of April 2002 from the Office for National Statistics for the UK is £462.60.

I s t h e P r e sident satisfied that the statement made at the presentation of 8th October 2003, that Jersey

household incomes are between 45 percent and 70 percent higher than the U.K., is accurate?"

The   Deputy  of  St.  John  will  ask  the  following  question  of  the  President  of  the  Economic  Development Committee -

" (a ) Would the President confirm that the status of the Jersey breed as a closed herd for 240 years has been an important factor in the recent submissions defending the milk importation licensing scheme?

( b ) Has a risk analysis been undertaken by the Committee or the Industry on the likely effect of the importation of semen on the licensing scheme? If the answer is yes, what was the result?

(c ) I s the Committee satisfied that all the members of the Industry are fully aware that one of the possible

serious consequences of importing semen would be the removal of one of the pivotal arguments put forward in support of controlling milk importation, with potential serious consequences for the dairy industry?"