Order Paper 24th March 2009

STATES OF JERSEY ORDER PAPER

Tuesday 24th March 2009

1. COMMUNICATIONS BYTHE PRESIDING OFFICER
2. TABLING OF SUBORDINATE ENACTMENTS

(Explanatory note attached)

Planning and Building (General Development) (Amendment) (Jersey) Order R&O.28/2009. 2009.

Minister for Planning and Environment.

3. DOCUMENTS PRESENTED OR LAID

States of Jersey Law 2005: delegated functions – Planning and Environment. R.21/2009. Presented: 13th March 2009.

Minister for Planning and Environment.

Public Lotteries: report for 2008. R.22/2009. Presented: 17th March 2009.

Minister for Economic Development.

Waterfront Enterprise Board Limited: annual report and accounts for 2008. R.23/2009. Presented: 18th March 2009.

Minister for Treasury and Resources.

Corporate Services Scrutiny Panel: Waterfront Enterprise Board (P.12/2009). S.R.1/2009. Presented: 18th March 2009.

Corporate Services Scrutiny Panel.

4. NOTIFICATION OF LODGED PROPOSITIONS

Draft Employment (Amendment No.  5) (Jersey) Law 200- (P.27/2009): P.27/2009. amendment. Amd. Lodged: 18th March 2009.

Deputy G.P. Southern of St. Helier.

Waterfront Enterprise Board: appointment of States Directors (P.32/2009) – P.32/2009. amendment. Amd. Lodged: 17th March 2009.

Deputy G.P. Southern of St. Helier.

Payment of Statutory Notice Payments: establishment of precedent P.34/2009. (P.34/2009) – amendment. Amd. Lodged: 18th March 2009.

Minister for Social Security.

Draft Public Elections (Amendment No.  3) (Jersey) Regulations  200-. P.36/2009. Lodged: 13th March 2009.

Comité des Connétable s.

Draft Health and Safety at Work (Amendment No.  4) (Jersey) Law 200-. P.37/2009. Lodged: 17th March 2009.

Minister for Social Security.

Jersey Community Relations Trust: appointment of Trustee. P.38/2009. Lodged: 19th March 2009.

Minister for Home Affairs.

Draft Loi (200-) (Amendement No.  11) réglant la procédure criminelle. P.39/2009. Lodged: 19th March 2009.

Minister for Home Affairs.

Oral Questions with notice: extension to 2 hours. P.40/2009. Lodged: 20th March 2009.

Deputy of St.  Martin.

5. WITHDRAWAL OF LODGED PROPOSITIONS

In accordance with Standing Order 34(1), the proposer of the following proposition lodged au Greffe' has informed the Greffier of the States that it is to be withdrawn –

Rates: the States' liability. P.147/2008. Lodged: 16th September 2008.

Connétable of St. Helier.

6. APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS
7. MATTERS OF PRIVILEGE
8. PETITIONS
9. QUESTIONS

1. – Written Questions (attached)

1. The Minister for SocialSecurity will table ananswer to a questionaskedby Deputy G.P. Southern  of St.  Helier  regarding the  contribution level  required to obviate  the  need  for supplementation.

N o te: This question was deferred from 20th January 2009, in order to allow sufficient time for a

response to be collated.

2. The Minister for Planning and Environment will table ananswerto a questionaskedby Senator B.E.Shenton regarding the short listing of architects for the St.  Helier Masterplan.
3. The Minister for Economic Development will table an answer to a question asked by the Deputy of St.  John regardingtheannual electricity costs at Jersey AirportandJerseyHarbours.
4. The Minister forTransport and Technical Services will table ananswer to a questionaskedby the Deputy of St.  John regarding temporarybollardsatLesCharrièresde BonneNuit.
5. The Minister for EconomicDevelopment will table ananswerto a questionaskedby Senator B.E.Shenton regarding the development of the EsplanadeQuarter.
6. The Minister for Treasury and Resources will table an answerto a questionasked by Deputy
   1000. Tadier ofSt. Brelade regarding proposalstoraisethe20%income tax rate.
7. The Minister for Social Security will tableananswer to a questionaskedby Deputy M. Tadier

of St.  Brelade regarding the removalof the ceiling on social security contributions.

8. The Chief Minister will table ananswer to a questionaskedby Deputy G.P. Southern of St.  Helier regarding the sharing of tax information with the UnitedKingdomandFrance.
9. The Minister forSocialSecurity will table ananswer to a questionaskedby Deputy G.P. Southern of St.  Helier regarding the useof Ministerial discretion in relation toIncomeSupport claims.

11. The Minister forSocialSecurity will table ananswer to a question asked by Deputy G.P. Southern of St.  Helier regarding proposals for the fundingof residential care for the elderly undertheIncomeSupportsystem.
12. The Minister forTransportandTechnicalServices will tableananswer to a questionaskedby Deputy T.M. Pitman ofSt. Helier regarding the lackof Vesting Certificates secured in relation to the Energy from WastePlant contract.
13. H.M. Attorney General will table an answer to a question asked by Deputy T.M.Pitmanof St.  Helier regarding prosecutionsof candidates forbreaches to the electoral law.
14. The Minister for Planning and Environment will table an answer to a question asked by Deputy T.M. Pitman of St.  Helier regarding the developmentof the Water's EdgeHotel.
15. The Minister for Treasury and Resources will table ananswerto a question askedby the Deputy ofSt. Johnregardingthe States shareholding in the Jersey Electricity Company and its subsidiary companies.
16. The Minister for EconomicDevelopment will table ananswerto a questionasked by Deputy R.G.Le HérissierofSt. Saviour regarding legislation for a Depositor Protection Scheme.
17. The Minister for Treasury and Resources will table an answerto a questionasked by Deputy R.G.Le HérissierofSt. Saviour regarding the remitof the FiscalPolicy Panel.
18. The Minister for Health and SocialServices will table ananswerto a questionaskedby Deputy R.G.Le HérissierofSt. Saviour regarding the working pattern ofhospitalconsultants.
19. The Minister for Social Security will table ananswerto a questionasked by Deputy R.G. Le  Hérissier of St.  Saviour regarding the numberof clients onLong Term Invalidity Allowance returning to work.
20. The Minister for TransportandTechnicalServices will tableananswerto a questionaskedby Deputy M. Tadier ofSt. Breladeregarding the cost ofconsultants.
21. The Minister for Planning and Environment will table an answer to a questionaskedby the Deputy of St.  MaryregardingLa Collette Phase 2 Reclamation Site.
22. The Minister for TransportandTechnicalServices will tableananswerto a questionaskedby the Deputy of St.  Maryregarding the contract for thenewEnergy from Waste plant.
23. The Minister for TransportandTechnicalServices will tableananswerto a questionaskedby the Deputy of St.  Maryregarding advance paymentbondsforthenewEnergy from Waste plant.
24. The Minister for TransportandTechnicalServices will tableananswerto a questionaskedby the Deputy of St.  Mary regarding companies invited tosubmit an expressionofinterestin the developmentofthenewEnergy from Waste plant.

24. The Minister for TransportandTechnicalServices will tableananswerto a questionaskedby the Deputy of St. Maryregardingcommunications with BabcockandARTto provide a waste solution for Jersey.
25. The Minister for Treasury and Resources will table an answerto a questionasked by Deputy R.G.Le Hérissier of St.  Saviourregardingtheannual fee paid totheprovidersofcorporate travel servicestothe States.
26. The Minister for TransportandTechnicalServices will tableananswerto a questionaskedby Deputy M.R. Higginsof St.  Helier regarding assurances in respect of the main contractor or sub contractors oftheEnergy for Waste plantshould they go into liquidation.
27. The Minister for TransportandTechnicalServices will tableananswerto a questionaskedby Deputy A.K.F.GreenofSt. Helier regardingdischargeof"brackish water" arising from the new Energy from Wasteplantexcavation.
28. The Minister for TransportandTechnicalServices will tableananswerto a questionaskedby the Deputy ofSt. Mary regarding the possibility of additional costsin the contractfor the Energy forWaste plant.

2. – Oral Questions (90 minutes)

1. Deputy S.PitmanofSt. Helier will ask the followingquestionofthe Minister forTreasury and Resources –

" W ould the Minister inform Members what the cost of implementing GST was to the States, and outline the ongoing costs of administering this tax?"

2. Deputy R.G.Le HérissierofSt. Saviour will askthefollowingquestionof the Minister for Housing –

" W hat methods, if any, are in place to assess accurately the demand for over-55's housing?

3. Deputy K.C. Lewis of St. Saviour will ask the following question of Minister for Home Affairs–

" W ill the Minister be resisting the proposed implementation of e- Border controls between Jersey, the United Kingdom and France?"

4. The Deputy of St.  John will ask the following question of the Minister for Planning and Environment –

" W ould the Minister advise whether, within the Energy for Waste planning consent, there is a proposal for a percent for art contribution and if so, how much?

5. Deputy G.P. Southern of St.  Helier will askthefollowingquestionof H.M. Attorney General –

" A re any of the following offences outlined in the UK Electoral Commission's guidelines called into question by Article 39A of the Public Elections (Jersey) Law 2002 – bribery, treating, undue influence, secrecy, personation, multiple voting and proxy voting; and is his Department satisfied that the "traditional standards" of the polling station were observed in line with those guidelines (that political propriety should be carried through to the postal voting context)?

6. Senator B.E. Shenton will ask the following question of the Minister for Treasury and Resources

" W ould the Minister explain how a commercial valuation of £10,000 was reached for a prime piece of beach-front land in St. Brelade's Bay, with views over the beach, given that the buyer was going to use it for commercial purposes?"

7. The Deputy ofSt. Mary will ask the followingquestionof the Minister for Education, Sportand Culture –

" W ill the Minister confirm whether he has read the New Scientist articles circulated to all Members recently about a sustainable, ecological economy and, if so, will he inform the Assembly what steps, if any, are being taken to ensure that students leaving school have a good understanding of the linked issues of peak oil, climate change and sustainability in general, and are prepared to cope with this changing world?"

8. Deputy R.G.Le HérissierofSt. Saviour will askthefollowingquestionof the Minister for Education, Sport and Culture –

" G iven the emergency grant to the Jersey Heritage Trust, will the Minister be responding similarly to requests from the Cultural sector?"

9. The Deputy of St.  Martin will askthefollowing question of the Presidentof the Chairmen's Committee –

" W ill the President advise whether the Chairmen's Committee has decided to prevent members of the public from filming at scrutiny hearings, and if so, will the Chairman explain why the decision was made, what consultation, if any, took place and does the Chairman consider his Committee's decision conducive to the principles of openness and accountability?"

10. Deputy S.S.P.A. Power of St.  Brelade will ask the following question of the Minister for Transport and TechnicalServices –

" I n view of assurances given by his predecessor that the new surface would not be disturbed for at least 3  years except for emergencies, can the Minister outline the reasons why trenches have been dug on the recently resurfaced Route de la Haule between Beaumont roundabout and Bel Royal Garages 4  times in recent months?"

11. Deputy T.A. Vallois of St. Saviour will ask the following question of the Minister for Economic Development –

"F ollowing recent reports regarding possible redundancies in the public sector, could the

Minister advise whether the staffing levels within the Economic Development Department are assessed on a regular basis and if not, will such assessments now be undertaken?

12. Deputy P.V.F. Le Claire of St.  Helier will ask the following question of the Minister for Education, Sport and Culture –

" W ould the Minister consider granting special discounts on entry to Heritage sites for Active Card holders, ensuring that the heritage of Jersey retains its important place in our every day lives whilst increasing revenue for Heritage sites?"

13. Deputy T.M. Pitman of St.  Helier will askthefollowingquestionof the Minister forHousing –

" I n light of recent statements, would the Minister advise the Assembly whether the Housing Department, in conjunction with Planning officers, have investigated the viability of

constructing sheltered housing for the elderly on the site of Ann Court, given its central location

and, if so, how many units could potentially be constructed?"

14. The Deputy of St. John will ask the following question of the Minister for Economic Development –

"W ould the Minister advise the Assembly how many boats were damaged by vandals at

Elizabeth Marina on the nights of 6th and 7th March 2009, the estimated costs of that damage and what action, if any, has been taken to ensure this cannot happen again?"

15. Deputy S.S.P.A. Power of St.  Brelade will ask the following question of the Minister for Economic Development –

" W ould the Minister explain what action, if any, he intends to take in negotiating the removal of the ongoing ban on Jersey fishermen landing their catches directly at St. Malo, when they are allowed to do so at St. Brieuc and Roscoff?"

16. The Deputy ofSt. Martin will askthefollowingquestionof the Minister forHome Affairs –

" W ill the Minister advise Members why the States Police has appointed an Acting Deputy Chief Officer; when was the decision made; what his terms and duration of appointment are; his salary and overall cost; whether there was a selection process; were local officers considered for the position and, if not, why not?"

17. Deputy S.PitmanofSt. Helier will ask the followingquestionoftheMinisterforEconomic Development –

" F ollowing undertakings made during questions without notice on 20th January 2009, would the Minister inform Members when he plans to set up a local Depositor Protection Scheme?"

18. Deputy G.P. Southern of St.  Helier will ask the following question of the Chairmanof the Privileges andProcedures Committee –

" D oes the Chairman consider that the Nolan test (wherein if in any doubt about the probity or propriety of your actions, you should ask yourself the question "what would a reasonable observer think?") is relevant to Article 39A of the Public Elections (Jersey) Law 2002?"

3. – QuestionstoMinisters without notice (30 minutes) – 1 s t q u e stion period – Minister for SocialSecurity 2 n d q u estion period – Chief Minister

10. PERSONAL STATEMENTS
11. STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY
12. PUBLIC BUSINESS

Ratification of the Agreements for the Exchange of Information Relating to Tax P.20/2009. Matters between the States of Jersey and the Nordic countries (Denmark, the

Faroes, Finland, Greenland, Iceland, Norway and Sweden).

Lodged: 10th February 2009.

Chief Minister.

Draft Taxation (Exchange of Information with Third Countries) (Amendment P.21/2009. No.  2) (Jersey) Regulations  200-.

Lodged: 10th February 2009.

Chief Minister.

Waterfront Enterprise Board: appointment of States Directors. P.32/2009. Lodged: 10th March 2009.

Chief Minister.

Waterfront Enterprise  Board:  appointment of  States  Directors  (P.32/2009) – P.32/2009. amendment. Amd. Lodged: 17th March 2009.

Deputy G.P. Southern of St. Helier.  

Health and Safety Appeal Tribunal: appointment of member. P.33/2009. Lodged: 10th March 2009.

Minister for Social Security.

Payment of Statutory Notice payments: establishment of precedent. P.34/2009. Lodged: 10th March 2009.

Deputy G.P. Southern of St. Helier.

Payment of Statutory Notice Payments: establishment of precedent P.34/2009. (P.34/2009) – amendment. Amd. Lodged: 18th March 2009.

Minister for Social Security.

(Cannot be debated before 25th March 2009)

States Members' remuneration for 2009. P.24/2009. Lodged: 19th February 2009.

Connétable of St. Peter.

States Members' remuneration for 2009 (P.24/2009): comments. P.24/2009. Presented: 5th March 2009. Com. Privileges and Procedures Committee.

States Members' remuneration for 2009 (P.24/2009): amendment. P.24/2009. Lodged: 3rd March 2009. Amd. Deputy P.V.F. Le Claire of St.  Helier.

13. ARRANGEMENT OF PUBLIC BUSINESS

31st March 2009

Draft Income Tax (Amendment No.  32) (Jersey) Law 200-. P.161/2008. Lodged: 21st October 2008.

Minister for Treasury and Resources.

Draft  Income  Tax  (Amendment  No.  32)  (Jersey)  Law  200- (P.161/2008): P.161/2008. comments. Com. Presented: 25th November 2008.

Corporate Services Scrutiny Panel.

Ministerial government: review. P.181/2008. Lodged: 10th December 2008.

Deputy of St.  John.

Williamson Report: Implementation Plan – funding. P.17/2009. Lodged: 4th February 2009.

Minister for Treasury and Resources.

Draft Royal Court (Amendment No.  12) (Jersey) Law 200-. P.19/2009. Lodged: 9th February 2009.

Chief Minister.

Draft Employment (Amendment No.  5) (Jersey) Law 200-. P.27/2009. Lodged: 24th February 2009.

Minister for Social Security.

Draft Employment (Amendment No.  5) (Jersey) Law 200- (P.27/2009): P.27/2009. amendment. Amd. Lodged: 18th March 2009.

Deputy G.P. Southern of St. Helier.

(Cannot be debated before 1st April 2009)

Goods and Services Tax: exemption or zero-rating for foodstuffs and domestic P.28/2009. energy.

Lodged: 24th February 2009.

Deputy of Grouville .

Ex  gratia compensation payment: Mr. and Mrs.  R. Pinel. P.29/2009. Lodged: 4th March 2009.

Senator B.E. Shenton.

Police Complaints and Discipline: extension to Honorary Officers conducting P.30/2009. Parish Hall Enquiries.

Lodged: 5th March 2009.

Deputy of St.  Martin.

28th April 2009

Code of Practice for Scrutiny Panels and the Public Accounts Committee: P.31/2009. amendment.

Lodged: 9th March 2009.

Chairmen's Committee.

Draft Sea Fisheries (Licensing of Fishing Boats) (Amendment No.  4) (Jersey) P.35/2009. Regulations 200-.

Lodged: 10th March 2009.

Minister for Economic Development.

Draft Public Elections (Amendment No.  3) (Jersey) Regulations  200-. P.36/2009. Lodged: 13th March 2009.

Comité des Connétable s.

Draft Health and Safety at Work (Amendment No.  4) (Jersey) Law 200-. P.37/2009. Lodged: 17th March 2009.

Minister for Social Security.

Jersey Community Relations Trust: appointment of Trustee. P.38/2009.

Lodged: 19th March 2009. Minister for Home Affairs.

Oral Questions with notice: extension to 2 hours. P.40/2009. Lodged: 20th March 2009.

Deputy of St.  Martin.

12th May 2009

La  Pouquelaye old school site: provision of youth and community facilities. P.187/2008. Lodged: 24th December 2008.

Connétable of St. Helier.

Public Elections (Jersey) Law 2002: rescindment of Article  39A. P.18/2009. Lodged: 4th February 2009.

Deputy G.P. Southern of St. Helier.

Draft Loi (200-) (Amendement No.  11) réglant la procédure criminelle. P.39/2009. Lodged: 19th March 2009.

Minister for Home Affairs.

16th June 2009

Ann Court Site, St.  Helier: use for sheltered social housing for the over-55s. P.184/2008. Lodged: 23rd December 2008. (re-issue) Deputy J.A. Martin of St.  Helier.

Natural gas pipeline: strategic study. P.16/2009. Lodged: 29th January 2009.

Deputy P.V.F. Le Claire of St.  Helier.

Natural gas pipeline: strategic study (P.16/2009) – comments. P.16/2009. Presented: 10th March 2009. Com. Minister for Treasury and Resources.

M.N. DE LA HAYE Greffier of the States

19th March 2009 Note –

In accordance with the meeting dates fixed for 2009 by the Privileges and Procedures Committee, this meeting will continue, if necessary, on Wednesday 25th and Thursday 26th March 2009.

Explanatory Note regarding subordinate legislation tabled at this meeting.

(See Item B)

R&O.28/2009.

This Order amends the Planning and Building (General Development) (Jersey) Order 2008 to remove a restriction relating to replacement of windows and doors in buildings built before 1920.

The Order was made on 9th March 2009 and came into force on 16th March 2009.

WRITTEN QUESTIONS (See Item I(a))

1. T he Minister forSocialSecurity will table an answer to the followingquestionaskedby Deputy G.P. Southern of St. Helier –

" I n P.82/2005, figures produced by the Social Security Department suggested that removal of the ceiling on employer and employee Social Security contributions would raise additional funding of £22 million. Would the Minister advise members what the current figure would be today and what percentage increase in the combined employee and employer rate would enable the elimination of supplementation?"

2. The Minister for Planning and Environment will table ananswer to the following questionaskedbySenator B.E.Shenton –

" W ould the Minister confirm that the following UK architects were shortlisted to develop the inner St. Helier Masterplan on behalf of the States of Jersey at taxpayers' expense, namely Sir Richard McCormack, Sir Michael Hopkins and Robert Adam Architects and, if so, would the Minister describe in detail the selection process used in filtering down to this shortlist, the tendering process used, and details of how the contract was advertised?"

3. The Minister forEconomicDevelopment will table ananswertothefollowingquestionaskedby the Deputy of St.  John –

" W ould the Minister inform the Assembly of the total annual cost of electricity at the Airport, including any running costs, stating whether consumption is billed through an electric meter or through a contract (and, if so, would he gives details of the contract) and would the Minister also give similar information for Jersey Harbours specifying the breakdown between different areas of the harbours?"

4. The Minister for TransportandTechnicalServices will table ananswerto the following questionaskedby the Deputy of St.  John –

" W ould the Minister inform the Assembly when the work on the bank below the temporary bollards that were placed on the bend of Les Charrières de Bonne Nuit some 6 years ago will be undertaken to allow th bollards to be removed, as local residents are frustrated by the lack of progress?"

5. The Minister for EconomicDevelopment will tableananswerto the following question asked by Senator B.E.Shenton –

" C an the Minister advise the Assembly whether the development of the Esplanade Quarter by one developer has been referred to the Jersey Competition Regulatory Authority and if not, why not?

Given the development consists of 16 separate building blocks comprising offices, retail and restaurants, 388 residential apartments and 65 self-catering units, does he consider that the appointment of one developer could place them in a position of dominance and have detrimental competition ramifications as the site is developed?"

6. T he Minister for TreasuryandResourceswilltableananswer to thefollowingquestionasked by Deputy M. Tadier of St.  Brelade –

" W ould the Minister agree to consider bringing forward for approval proposals to raise the 20% income tax rate to 25% for all personal income over £60, 000 and 30% for all personal income over £90,000 and set out the additional income to be raised by such measures together with an indication of any additional costs involved in changing from the current rate to the rates mentioned here?"

7. The Minister for Social Security will table ananswertothefollowingquestionaskedby Deputy M. Tadier of St.  Brelade –

" W ould the Minister agree to consider bringing forward for approval proposals to uncap' social security contributions and apply the current 6% rate to all wages earned and not merely the first £42,480 and would also he give an estimate of the additional income to be raised by this proposal?"

8. The Chief Minister will table an answer to the following question asked by Deputy G.P. Southern of St.  Helier –

" W ill the Chief Minister inform members of the extent of the tax information that can be exchanged with the respective authorities in the UK and France under the Tax Information Exchange Agreements (TIEAs) and, in particular, whether such information extends to Jersey-based –

( a ) F u nds;

( b ) T r usts;

( c ) In c ome both earned and unearned; and ( d ) S a vings and bank deposits

h e ld by UK and French taxpayers?

W  ill he further outline the conditions that H.M. Revenue and Customs and its French equivalent have to

satisfy, through Court actions or otherwise, in order to justify such exchanges and will he also state whether these 2 agreements differ in any significant ways from previous agreements such as that with the United States authorities?"

9. The Minister for Social Security will table ananswerto the following question asked by Deputy G.P. Southern of St.  Helier –

" W ill the Minister inform members how many times, if any, Ministerial discretion has been requested and has been exercised by him and his predecessor over Income Support determinations and decisions?

W  ill he further detail what issues were involved and what decisions were finally arrived at through the

exercise of discretion?

W  ill he also inform members how many cases have come to the Social Security Appeals Tribunal in the

period since it was reformed following the introduction of Income Support, what issues were raised and what rulings were made?"

10. The Minister for SocialSecurity will table ananswerto the following questionaskedby Deputy G.P. Southern of St.  Helier –

" W ill the Minister inform members when he will be bringing his proposals for the funding of residential care for the elderly under Income Support to the Assembly and will he assure members that these proposals,

already postponed from the 2008 Income Support scheme, will not be further delayed awaiting the investigation

and assessment of a wider insurance-based residential care scheme?"

11. The Minister forTransportandTechnicalServices will table ananswer to the following question askedby Deputy T.M. Pitman of St.  Helier –

" W ould the Minister explain why the standard practice of securing Vesting Certificates as guarantees for all equipment/materials ordered and paid for, was not adhered to in relation to the Energy from Waste Plant, and advise whether any alternative approach used by the Transport and Technical Services Department offered Jersey taxpayer's equivalent protection?"

12. H.M. Attorney General will tableananswerto the following question asked by Deputy T.M. Pitman of St.  Helier –

" D oes the Attorney General consider that he has the power to decide that one candidate should be prosecuted while another candidate should not when each have breached the same electoral law – possibly even within the same electoral district?"

13. The Minister for Planning and Environment will table an answer to the followingquestionaskedby Deputy T.M.Pitmanof St.  Helier –

" W ould the Minister advise whether the recent purchaser of the Water's Edge Hotel has been given consent, or any indication that this will be granted, to demolish the hotel in order to develop luxury apartments?"

14. The Minister for TreasuryandResources will tableananswer to the following question askedby the Deputy of St.  John –

" C ould the Minister advise the Assembly of the exact holding, in percentage terms, which the Island holds within the Jersey Electricity Company Limited (JEC), including any subsidiary companies held within the JEC portfolio or which trade under the JEC name, state who the Directors of the said companies are and what, if any, share holdings within these companies are held by the people of Jersey?"

15. The Minister forEconomicDevelopment will table ananswer to the followingquestionasked by Deputy R.G.Le HérissierofSt. Saviour–

" W ill the Minister advise the Assembly when the legislation for a Depositor Protection Scheme will be brought to the States?"

16. The Minister forTreasury and Resources will table ananswer to the following questionaskedby Deputy R.G.Le HérissierofSt. Saviour–

" H as the remit of the Fiscal Policy Panel been broadened and, if so, how, and how does its revised remit overlap with the remits of the States Economic Adviser and relevant Treasury staff?"

17. The Minister for Health and SocialServices will table ananswerto the followingquestionasked by Deputy R.G.Le HérissierofSt. Saviour–

" W ill the Minister inform members whether every consultant employed by Health and Social Services is required to work a full working week before engaging in private practice and, if so, what is the Health and

Social Services' definition of a full working week'?"

18. The Minister forSocial Security willtable an answerto the followingquestionasked by Deputy R.G. Le  Hérissier ofSt. Saviour–

" G iven that Income Support and associated benefits were, in part, promoted as a support for those in work or seeking to return to work, would the Minister specify the number of clients on Long Term Incapacity Allowance who have returned to work (distinguishing between full and part-time) since the inception of Income Support and state what percentage this forms of clients on LTIA?"

19. The Minister for Transport and Technical Services will table ananswerto the following question askedby Deputy M. Tadier ofSt. Brelade –

" I n the light of public concern over fees paid to consultants, would the Minister inform the Assembly of the cost of –

( a ) t h e Atkins Report into the post-Buncefield situation regarding the fuel farm and the associated

risks?

( b ) t h e work by Hopkins Architects Ltd. reviewing and revising the design of the outside of the Energy

from Waste plan?

g iv i n g sufficient details of the work undertaken to provide a clear indication that this was money well

spent?"

20. The Minister for Planning and Environment will table an answer to thefollowingquestionaskedby the Deputy of St.  Mary –

" A s the La  Collette Phase  2 Reclamation Site is porous to the sea and adjoins a site of exceptional ecologica importance, and is therefore extremely environmentally sensitive, can the Minister provide the Assembly with a complete list of the permissions, laws, regulations, protocols and other documents which define and regulate all the different activities on the site, including the construction and operation of the new incinerator, giving, an indication of the purpose, scope and content of each document and, if possible, a website reference for each?"

21. The Minister for Transport and Technical Services will table ananswerto the following question askedby the Deputy of St.  Mary –

" C an the Minister inform the Assembly whether his Department, before signing the contract for the new incinerator, researched which plants, if any, CNIM have built in the UK, comparable to the one contracted for in Jersey, whether pollution limits had been exceeded by those plants and, if so, the reasons that occurred?"

22. The Minister for Transport and Technical Services will table ananswerto the following question askedby the Deputy of St.  Mary –

" F urther to statements made on 25th February 2009 on the rescindment of the incinerator project by Deputy E.J. Noel, Assistant Minister for Treasury and Resources, that the "advance payment bonds" in relation to the incinerator were somehow better than vesting certificates and that "so far, we have paid £34 million in advance payment into the advanced payment bond. Under the terms of the contract these would not be recoverable if cancelled", would the Minister explain exactly how these bonds work, the exact wording concerning these bonds, and the reference in the contract?"

23. The Minister for Transport and Technical Services will table ananswerto the following question askedby the Deputy of St.  Mary –

" C an the Minister confirm whether the placing of a Notice in the OJEC (Official Journal of the European Community) by the Department in 2003 inviting companies to submit an "expression of interest" for dealing with Jersey's waste placed a legal obstacle to engaging with and progressing expressions of interest which did not, in the first instance, come via the OJEC Notice procedure?"

24. The Minister for Transport and Technical Services will table ananswerto the following question askedby the Deputy of St.  Mary –

" C an the Minister for TTS provide to members a complete timeline of communications both written and oral with Babcock and ART about their proposals to provide a waste solution for Jersey and a summary of the work done by the department and their consultants in connection with this company and with their proposals?"

25. The Minister forTreasury and Resources will table ananswer to the following questionaskedby Deputy R.G.Le HérissierofSt. Saviour–

" W hat is the annual fee, if any, paid to the provider of corporate travel services to the States, are individual booking charges also levied and, if so, how much is charged per transaction and what have been total transaction fees charged for the current contract to date?"

26. The Minister for Transport and Technical Services will table ananswerto the following question askedby Deputy M.R. Higgins ofSt. Helier –

" G iven the world recession and the failure of many commercial enterprises what assurances can the Minister give that, in the event of the main contractor or sub-contractors of the Energy for Waste plant going into liquidation, they will be able to fully recover the money they have paid out on this contract or see the plant completed at no additional cost to the States quoting precisely the contractual terms in this regard?"

27. The Minister for Transport and Technical Services will table ananswerto the following question askedby Deputy A.K.F.Greenof St.  Helier –

" A n application DP(B)2009/03/01 was published in the Jersey Gazette on 14th March 2009 for a permit to discharge "treated brackish water" arising from the Energy from Waste Plant excavation. Can the Minister give full details of this application, in particular –

( a ) t h e chemical composition of the water before and after this "treatment," and how this chemical

composition changes over time?

( b ) th  e nature of the treatment?

( c ) h o w this brackish water arose, the quantity involved, how the situation was discovered, and the

likely duration of the discharge?

( d ) w h ether the Ramsar Secretariat will be informed of this potential discharge and their view sought?

28. The Minister for Transport and Technical Services will table ananswerto the following question askedby the Deputy of St.  Mary –

" W ill the Minister advise Members of the contractual terms in the Energy for Waste Contract covering unforeseen circumstances (such as extra hard granite) causing additional costs to be met by the purchaser, including the maximum additional potential cost to which the purchaser is exposed?"

ORAL QUESTIONS TO MINISTERS WITHOUT NOTICE (See Item I(c))

1st Session –