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Committees of the States: Re-organisation - Industries Committee

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Committees of the States: reorganisation - Industries Committee _______________

Lodged au Greffe on 6th July 1999 by the Policy and Resources Committee

______________________________

STATES OF JERSEY STATES GREFFE

175         1 9 9 9    P.  9 4      

Price code: C

PROPOSITION

THE STATES are asked to decide whether they are of opinion -

to r ef e r to their Act dated 2nd February 1999 in which they charged the Policy and Resources Committee to take

immediate steps to promote the formation of an Industry Committee and -

PA  R T 1

1 . ( a ) to approve the establishment with effect from 14th December 1999 of a Committee of the States to be

known as the Industries Committee;

   (b ) to ag r e e that the Industries Committee should have the status of a Major Committee except that, for the

first three years of its operation, it would not be subject to paragraphs (2) and (3) of Standing Order No. 39,

   a n d t o c h ar g e the House Committee to present to the States for approval the necessary amendments to the

Standing Orders of the States of Jersey;

2 . to agree that the overall responsibility of the Industries Committee should be -

   (a ) to d e v e lop, implement and maintain a comprehensive industrial strategy for the Island, encompassing responsibility for economic policy as it relates to Industry and the Island's workforce;

   (b ) to p e rf o rm a range of regulatory functions through an appropriate regulatory and licensing framework;

and

(c ) to p r o te  ct the consumer and safeguard the public interest;

  3 . to approve, in principle, the establishment, under the authority of the Industries Committee, of Strategic

Development Boards for different industries within the Island, to function initially as sub-committees of that Committee, and constituted as follows -

(a ) C h a ir m a n, being a member of the Industries Committee;

(b ) a V ic e -C hairman, being a representative of the industry concerned; (c ) u p to tw o additional States Members; and

(d ) u p to f iv e additional representatives of the industry concerned;

w ith a q u o ru m comprising two States members and two representatives of the industry concerned, and the

appointment and terms of office of persons appointed to each Board being determined by the Committee;

4 . to approve in principle the transfer to the Industries Committee, from the date of its establishment, of -

   ( a ) th  e r e g ulatory and licensing functions of the Committee for Postal Administration under the Post

Office (Jersey) Law 1969, as amended;

( b ) th e regulatory and licensing functions of the Telecommunications Board under the

Telecommunications (Jersey) Law 1972, as amended;

   ( c) th e f u n ctions of the Finance and Economics Committee under the Regulation of Undertakings and

Development (Jersey) Law 1973, as amended;

   (d ) th e  p o w er and duty of representing the States in the matters specified in Article 31 of the Electricity

(Jersey) Law 1937, as amended;

   (e ) th e f u n c tions of the Public Services Committee, in relation to water rates and charges, and the accounts of The Jersey New Waterworks Company Limited under Article 14, and Article 22 respectively of the

Water (Jersey) Law 1972, as amended;

   (f ) th e f u n ctions of presenting matters to the States in respect of the Jersey Gas Company Limited under

Articles 91, 95, 97 and 98 of, and the Second and Third Schedules to the Jersey Gas Company (Jersey) Law 1989;

(g ) th e f u n c tions of the Broadcasting Committee;

(h ) th e r e s p onsibilities of the Policy and Resources Committee in relation to the Jersey Consumer Council;

   a n d to   ch a r g e the Policy and Resources Committee to present to the States for approval the necessary Acts

under Article 29 of the States of Jersey Law 1966;

PA  R T 2

  5 . to charge the Policy and Resources Committee to investigate, with the appropriate Committees, the potential

for transferring to the Industries Committee certain regulatory and licensing functions presently performed by the Tourism Committee, the Gambling Control Committee, the Public Services Committee and the Defence Committee respectively, as outlined in the report dated 30th June 1999 of the Policy and Resources Committee;

6 . to charge the Industries Committee, in consultation with the Committees concerned, to examine -

   (a ) th e c as e for replacing the Tourism Committee, at an appropriate time, with a Tourism Industry Board

reporting to the Industries Committee;

   (b ) th e ca s e for replacing the Agriculture and Fisheries Committee, at an appropriate time, with a Board or

Boards representing the agriculture and fisheries industries and reporting to the Industries Committee;

   ( c) th  e c a s e for transferring the functions of the Finance and Economics Committee in relation to the

Financial Services Commission to the Industries Committee;

(d ) th e c a s e for transferring the functions of the Jersey Transport Authority to the Industries Committee; an d to r e p o rt b ack to the States with its findings and recommendations.

  7 . to   charge the Employment and Social Security Committee, the Education Committee and the Industries

Committee to develop further a joint strategy and plan, for States approval if necessary, for the provision of training for industry;

  8 . to charge the Employment and Social Security Committee, in consultation with the Industries Committee, to

investigate and report back to the States with recommendations for the discharge of employment functions;

  9 . to   charge the Finance and Economics Committee, the Establishment Committee and the Department of

Property Services to take all necessary steps, in accordance with overall States policies, and priorities, to provide sufficient funding, staff and accommodation to enable the Industries Committee to discharge its immediate responsibilities effectively;

  1 0 . to charge the Policy and Resources Committee, not later than 16th November 1999, to present to the States

for approval -

(a ) d r a f t te r ms of reference for the Industries Committee;

   (b ) d r af t te  rms of reference for each Strategic Development Board to be established in accordance with

paragraph 3 of this proposition.

POLICY AND RESOURCES COMMITTEE

Notes:  1. T h e Finance and Economics Committee is in broad agreement with the creation of an Industries Committee

along the lines suggested, although it is aware that the mechanics to create this Committee are complex.

   H o w  e v e r, th e Committee is concerned that it is being requested to provide the necessary funding for the

proposal at a time when the financial  implications of such have  yet  to be identified or quantified. The Committee would be very surprised if no additional funding was required to implement the recommendations in the proposition, and is of the opinion that all proposals requiring extra funds would need to be fully identified, quantified and appraised before any commitment could be given to the provision of funding. The Committee is fully aware that considerable consultation will need to take place on this and other related issues before the new Committee is established.

T h e r e is n o specific additional funding included in the revenue Cash Limits for 2000 - 2002 for any

developments which the Industries Committee may bring forward. However, it will be expected that where there is a transfer of function from one Committee to the proposed Industries Committee there will have to be a corresponding transfer of funds.

2 . T h e Establishment Committee comments are to follow.

REPORT

Rationale

  1. T  h e f ormation of an Industries Committee is a fundamental and long-awaited step in the evolution ofJersey's Government. Both the States of Jersey and the Island's business community appear ready for an opportunity which will empower industry and commerce to become more involved in the strategic planning and decision-making processes. This report and proposition sets out an optimum organisational arrangement to enable direct input through the active participation of industry representatives in partnership with members of the States.

Background

  1. T h e States, on 2nd February 1999, considered a proposition of the Policy and Resources Committee on the reorganisation of the Committees of the States (P.258/98), based onits progress report dated 16th November 1998. They charged the Policy and Resources Committee to take immediate steps to promote the formation of an Industry Committee with responsibility for -

  ( i) th e licensing and regulatory functions of the Committee for Postal Administration under the Post Office

(Jersey) Law 1969, as amended, and the Telecommunications Board under the Telecommunications (Jersey) Law 1972, as amended;

( ii ) the functions of the Finance and Economics Committee under the Regulation of Undertakings and

Development (Jersey) Law 1973, as amended;

  (ii i ) th e functions presently discharged by the Trade and Industry Sub-Committee of the Finance and Economics

Committee;

  (iv  )  th e safeguarding of consumer interests functions of the Finance and Economics Committee in respect of the

Jersey Electricity Company under Article 31 of the Electricity (Jersey) Law 1937, as amended, and of the Public Services Committee in respect of The Jersey New Waterworks Company Limited under Article 14 and Part VII of the Water (Jersey) Law 1972, as amended;

  ( v ) d eveloping further the consolidation of the responsibilities of the Industry Committee as set out in the

progress report;

  a n d to set up an organising committee to progress the proposal, which committee would work closely with the

Finance and Economics and Establishment Committees on the financial and manpower implications of the proposals.

Progress since February

  1. T h e Po licy and Resources Committee appointed an Organising Committee in February 1999, consisting of Deputy Maurice Dubras (Chairman), Deputy Robin Hacquoil, Deputy Ken Syvret MBE, Deputy Mike Vibert , Mr. Philip Austin, Mr. John King and Mr. Seamus Morvan. It approved the Terms of Reference of the Organising Committee on 9th March 1999 (Appendix A) and directed that it present a draft report and proposition by the end of June 1999.
  2. T h e Organising Committee has fulfilled its mandate through a process of extensive consultation and careful deliberation leading to consensual decisions of, and agreement among, its members. Building on the work and report of the previous Task Force (summarised in P.151/98 and P.258/98), the Organising Committee has sought the input of most of the principal stakeholders in Jersey for an industry-based structure and has examined published documentation from various sources. In particular, the Committee visited both the Isle of Man and Guernsey to benefit from recent experience in those Islands. The co-operation was excellent and the advice received most helpful.
  3. B e tw een February and the end of June, the Organising Committee met nearly thirty times, arranged numerous small group meetings with stakeholders and three working sessions as part of the consultation process. The level of participation was high. The feedback to the Committee from the industry representatives surveyed has been virtually 100 per cent in support for the proposals presented.
  4. T h e O rganising Committee decided early in its life that it would make every attempt to beopen in its procedures and to communicate regularly with the Policy and Resources Committee, with other Committees and with States

members in general as to its progress and its findings. In addition, it has conducted a low-key but conscious effort to keep the

industries and the public informed through meetings and by way of the media. It intends to continue with this style of communication throughout the subsequent stages of its work until it has completed its mandate and the Industries Committee is in operation.

  1. T h e O rganising Committee agreed with the Policy and Resources Committee at the outset that it would ensure that the Trade and Industry Sub-Committee would bekept informed throughout the above process whilst the Sub- Committee continued working under its existing brief. The linkage was emphasised with the vital participation on the Organising Committee of the Sub-Committee's Chairman, Deputy Mike Vibert and three other members, both States and non-States representatives.
  2. T h e m ain messages received from industry through the consultation process are summarised in Appendix B.
  3. T h e su rvey of industry representatives showed that the Organising Committee had -

ca p tured accurately the points raised by industry representatives during the consultative process;

su m marised accurately the general views of the Island's industries;

d ef ined satisfactorily the purpose, vision and general direction for the Industries Committee;

n o t left any major gaps in the organisational arrangements and linkages proposed; some constructive suggestions for improvements were received;

p r oposed an appropriate structure for the Strategic Development Boards and the functions of the new Committee/Department.

  In a d d iti on, some very positive general suggestions were received about the proposals concerning the setting up of

an Industries Committee.

Proposals and recommendations of the Organising Committee - Part 1

  1. T h e report in P.258/98 set out a number of key points which, following careful study, can bere-iterated within the Organising Committee's recommendations. The relevant paragraphs of P.258/98 are referred to in square brackets.

  (a ) T he Committee can see no conflict for the Industries Committee in taking on the strategic development role

of the Trade and Industry Sub-Committee, being the Committee responsible for the promotion of the Island's industries when taken as a whole, alongside its regulatory role. The example given of such potential conflict was that of the telecommunication and postal services. It is clear that the organisation and operation of the Committee will have to go through a stage where, pending the drafting of appropriate legislation (in its first year) setting up a regulatory commission, paralleling the established and separate Financial Services Commission, it will be acting as the regulator for the purpose of issue and administration of licences to the telecommunications and the postal companies under their new draft Laws. Meanwhile, it is recommended that such functions can be administered by the Industries Committee under existing legislation in order to release immediately the Telecommunications Board and the Postal Administration from their present conflict situation, effective at a date to be agreed in each case, with the consequent transfer of related resources. Each Committee and successor company then will be free to promote and market itself and be part of specific communications industry-wide promotion. [3(a)].

  (b ) T he Committee can see no conflict between the role of the Industries Committee being responsible for the

integrated, strategic development of the Island's industries while at the same time being responsible for the Regulation of Undertakings and Development Law. The latter is a strategic tool of government and can be applied on a broad scale to assist in the longer term management and distribution of Island resources among the various industries, while at the same time assisting in the management of the Island's population growth. It is envisaged also that the Industries Committee will be establishing a strong linkage with the Planning and Environment Committee and, for example, will contribute to the review of the Island Plan, as appropriate to the zoning and utilisation of industrial and commercial lands. [3(b)].

(c ) T he principle of phased implementation is endorsed. Phase 2 is from 2000- 2002; Phase 3 is from 2003 -

2005.

  1. V ir tu ally every organisation and individual consulted has supported strongly the principle that the primary role of the Industries Committee should be the strategic, economic and commercial development of the Island's industries through a comprehensive industrial strategy, encompassing responsibility for economic policy as it relates to industry and the Island's workforce.
  2. T h e r e is tremendous enthusiasm amongst the representatives of all the industries consulted to take an active part in the development of long-term strategic plans for the various industry sectors. Those representatives were unanimous in expressing their frustration at the present lack of appropriate mechanisms to allow them to contribute effectively to the strategic planning process and access to adequate political representation. The Committee believes that these objectives are best achieved through ensuring that the new Industries Committee is supported by Strategic Development Boards comprising a partnership of States Members and industry representatives. It has considered at length the options open to it and has concluded that a number of such boards should be formed for the present with the status of sub-committees under Article 32 of the States of Jersey Law 1966. It is conscious of the fact that the Review of Machinery of Government is currently under way and could well provide in its recommendations a more suitable mechanism for the achievement of an effective and sustainable partnership between government and industry for the development of economic and commercial strategies. However, there is a clear and pressing need to involve industry representatives at the very earliest opportunity and so the Sub-Committee option is one that can be used immediately. The Trade and Industry Sub-Committee's work on developing commercial links with France should be continued. The Organising Committee initially, and the Industries Committee when formed, should develop further the consultative links already established with the Isle of Man and Guernsey authorities.
  3. T h e Committee therefore recommends that the Industries Committee should set up a number of Strategic

[1] Development Boards, initially functioning as sub-committees under Article  32 of the States of Jersey Law 1966.

The Industries Committee would appoint to each Board -

(a ) a Chairman, being a member of the Industries Committee;

(b ) a Vice-Chairman, being a representative of the industry concerned; (c ) u p to two additional States Members; and

(d ) u p to five additional representatives of the industry concerned;

w ith a quorum comprising two States Members and two representatives of the industry concerned; and the

appointment and terms of office of persons appointed to each Board to be determined by the Committee.

  1. T h e Boards would be served by a Secretariat – i.e. general administrative staff provided by the industries themselves and funded jointly by the industries and government.
  2. T h e Committee confirms the recommendations contained in P.258/98 for transferring to the new Industries Committee -

  ( a) th e regulatory and licensing functions of the Committee for Postal Administration under the Post Office

(Jersey) Law 1969, as amended;

( b ) th e regulatory and licensing functions of the Telecommunications Board under the Telecommunications

(Jersey) Law 1972, as amended;

( c ) the functions of the Finance and Economics Committee under the Regulation of Undertakings and

Development (Jersey) Law 1973, as amended;

  (d ) th e power and duty of representing the States in the matters specified in Article 31 of the Electricity (Jersey)

Law 1937, as amended;

  (e ) th e functions of the Public Services Committee, in relation to water rates and charges, and the accounts of

The Jersey New Waterworks Company Limited under Article 14 and Article of the Water (Jersey) Law 1972, as amended.

  1. T h e Committee has also consulted the Public Services Committee, the Jersey Gas Company Limited, the Broadcasting Committee and the Jersey Consumer Council, all of whom considered that the creation of an Industries

Committee would  provide  an  opportunity  to rationalise certain functions. These  organisations support  the transfers of

functions that should result from the following -

  (a ) P. 258/98 did not refer to the Jersey Gas Company (Jersey) Law 1989. It is proposed that the functions of

presenting matters to the States in respect of the Jersey Gas Company Limited under the relevant Articles of the Law should be undertaken by the Industries Committee;

  ( b ) th e Broadcasting Committee has indicated that it would wish to transfer its functions to a new Industries

Committee by the end of 1999;

  (c ) f o llowing adoption by the States of P.37/95, the Jersey Consumer Council presently receives research and

financial support from the Policy and Resources Committee. On the understanding that the Council must retain complete operational independence, there is good reason why such support should be provided by the new Industries Committee, which would enhance overall protection for the consumer and would generally safeguard the public interest.

Proposals and recommendations of the Organising Committee - Part 2

  1. T h e proposals contained above in relation to Part 1 are basically those which the States approved in principle on 2nd February 1999 and which the Committee was specifically tasked to examine and make firm proposals to bring them about. However, the Committee realised very early in its deliberations that the mandate it had been given had wider implications and that these too must be considered carefully if a properly integrated set of proposals was to be put forward.
  2. T h r o ughout the consultation process, there has been unanimous support for the Industries Committee to provide a comprehensive service to protect consumers. Many have said that Jersey should aim to have its own Office of Fair Trading. Whilst such a proposal deserves serious consideration in the longer term, there is now an opportunity to rationalise existing functions to allow for a more effective consumer protection service. Constructive discussions with the Public Services Committee have led to general agreement that the Chief Trading Standards Officer and those of his staff who deal with trading standards matters – including weights and measures, consumer protection and fair trading – should transfer to the Industries Committee. The Public Services Committee is at present assessing the impact that such a move would have on the administration of the public markets with a view to giving effect to such a transfer of functions at an early opportunity.
  3. Pr e lim inary discussions have taken place with representatives of the Public Services and Defence Committees about the possibility of rationalising other areas including the roles and responsibilities of those Committees in relation to buses, taxis/cabs and the operation of the Driver and Vehicle Standards Department. Such discussions should continue in the interests of providing the best possible service to the public whilst optimising resource utilisation.
  4. T h e Tourism Committee is responsible for a number of regulatory and licensing functions under the Licensing (Jersey) Law 1974, as amended, the Policing of Beaches (Jersey) Regulations 1959, as amended, the Places of Refreshment (Jersey) Law 1967, as amended, together with inspection of hotels and guesthouses, which it considers are detracting from its core function of promoting Jersey to the tourist market. The Tourism Committee has expressed publicly its desire to shed these functions. It would seem appropriate for the Industries Committee to take them on as they are forms of economic regulation and consumer protection. The Organising Committee should continue discussion with the Tourism Committee.
  5. T h e Gambling Control Committee is currently considering its future. There could well be merit in transferring appropriate functions to the Industries Committee and discussions should continue on this possibility.
  6. P. 2 5 8/98 referred to longer term proposals which the Committee has examined thoroughly within its consultative process. Its conclusions are -

  (a ) th ere is considerable support for replacing the Tourism Committee, at an appropriate time, with a Tourism

Industry Board reporting to the Industries Committee. Not only is this support coming from the tourism-related industries but the Tourism Committee itself has indicated that it is generally in favour of this approach;

  ( b ) a lthough paragraph 4(b) of P.258/98 contains a proposal that an Industry Board should be set up for Agriculture and Fisheries, replacing the Agriculture and Fisheries Committee, the Organising Committee

believes that there are still some challenging difficulties to overcome. However, it is convinced in principle

that the Agriculture and Fisheries Committee should be replaced at an appropriate time with a Board, or Boards, representing

the Agriculture and Fisheries Industries and that the Industries Committee, when established, should work with the Agriculture and Fisheries Committee and with industry representatives to bring this about;

  (c ) th ere would appear to be no difficulty in transferring the functions of the Finance and Economics Committee

in relation to the Financial Services Commission to the Industries Committee. However, the timing of such a transfer needs to be planned carefully to ensure a smooth transition;

  (d ) th e Jersey Transport Authority remains of the view that consideration of the transfer of its functions to an

Industries Committee should be deferred, as proposed in P.258/98, until Phase 2. However, it recognises the need to work closely with the Industries Committee, including the sharing of executive resources, initially to ensure that the strongest possible links are forged between the Committees and also to explore options for rationalisation of functions in the future. The Authority is also mindful of the potential effects of the proposed incorporation of the Harbours and the Airport;

  (e ) th e States will be asked by the Harbours and Airport Committee to consider proposals to incorporate the

Harbours and the Airport. If approved, these proposals would lead to the creation of States-owned companies to run the Harbours and the Airport which, in turn, would mean that there would be no need for a Harbours and Airport Committee. There will be a requirement, therefore, for the Policy and Resources Committee to work together with the Harbours and Airport Committee and the Industries Committee to ensure that appropriate functions are transferred in anticipation of and consequent upon the proposed incorporations;

  (f ) th e States have recently approved the Sustainable Island Transport Policy proposed by the Public Services

Committee. Initial discussions with the Public Services and Defence Committees have indicated that there could be an advantage in transferring certain economic regulation functions relating to on-Island transportation to the Industries Committee. The Policy and Resources Committee will therefore need to work closely with the Public Services, Defence and Industries Committees to ensure that functions are transferred if appropriate.

  1. Pa r a graph 4(e) of P.258/98 made it clear that, in giving consideration to such matters as the possible transfer of political responsibility for training and employment, and employment relations, from the Employment and Social Security Committee, this would be done only with the full co-operation of, and in consultation with, the Employment and Social Security Committee. The Organising Committee endorses this and believes that the Employment and Social Security Committee, in consultation with the Education Committee and the Industries Committee, should develop further a joint strategy and plan for the provision of training for industry, for States' approval if necessary. Similarly, the Employment and Social Security Committee should, in consultation with the Industries Committee, investigate and report back to the States with recommendations for the discharge of employment functions in the future.

Resources

  1. T h e Industries Committee will require adequate staffing, accommodation and financial resources if it is to discharge its responsibilities effectively.

(a ) Sta ffing: It is proposed that the Industries Committee will be supported by the Department for Economic and

Commercial Development, which will require a Chief Executive Officer and support staff, together with regulatory advisers (contracted in to set up a regulatory commission paralleling the Financial Services Commission). The Committee will also be supported by the Secretariat (see paragraph 14 of this report). It is proposed that the Establishment Committee should work with the Organising Committee initially, and then the Industries Committee, to ensure that adequate and appropriate staffing is transferred within overall States manpower policy and the Regulation of Undertakings and Development (Jersey) Law 1973, as amended, to enable the Industries Committee to discharge its immediate responsibilities effectively;

  (b ) A ccommodation: there is an intention to rationalise the functions which are currently being carried out by

various Committees so that they fall within the remit of the Industries Committee. It will therefore be sensible for the staff engaged on these functions to be co-located eventually in order to optimise resource utilisation. It is therefore recommended that the Property Services Department be charged, in accordance with overall States policies and priorities, to ensure that adequate and appropriate accommodation is provided to enable the Industries Committee to discharge its immediate responsibilities effectively;

(c ) Fin ance: there will be a need for funds to be transferred between Committee budgets, alongside the transfer of functions and staff. It is therefore recommended that the Finance and Economics Committee be charged to

take all necessary steps, in accordance with overall States policies and priorities, to ensure that adequate financial resources

are provided to enable the Industries Committee to discharge its immediate responsibilities effectively.

Reporting on progress

  1. I t w ill  readily beseen that a considerable amount of work has been done by the Organising Committee to produce these Stage 1 proposals for the creation of an Industries Committee in line with the decision of the States of2nd February 1999. However, there is a great deal more work to be done, initially by the Policy and Resources Committee (through the Organising Committee) and then by the Industries Committee itself. It is therefore proposed that the Policy and Resources Committee, not later than 16th November 1999, will present to the States for approval draft terms of reference for the Industries Committee and for each of the Strategic Development Boards that will be set up immediately (i.e. those shown in Appendix C1).

Terms of Reference

The Policy and Resources Committee has confirmed the following mandate and Terms of Reference for the Organising Committee -

T he I n du stry Organising Committee is tasked to deliver by the end of June 1999 the preferred option for the

design of an organisation to accomplish -

  • t h e s t r a tegic development role with an industry-based structure;
  • t h e r e g ul atory function through an appropriate regulatory and licensing body;
  • t h e a r r a ngements appropriate to safeguarding consumer interests.

  T he   in t ention is that the first phase will be implemented, and existing functions transferred, in time for the

Industry Committee to be appointed in December 1999.

G iv e n t his overall mandate, the detailed terms of reference are -

T o s e t up an Industry Committee with a design and constitution that will enable -

  (a ) t he formation of a comprehensive industrial strategy for the Island, encompassing responsibility for

economic policy as it relates to industry and the Island's workforce, including -

th e func tions presently discharged by the Trade and Industry Sub-Committee of the Finance and Economics Committee; and

m  e  a s ur es that are appropriate not only for the short-term but also for the next five to ten years through a process of phased evolution;

  (b ) a range of regulatory functions through an appropriate regulatory and licensing structure that would

include -

th e lic e nsing and regulatory functions of the Committee for Postal Administration under the Post Office (Jersey) Law 1969, as amended and the Telecommunications Board under the Telecommunications (Jersey) Law 1972, as amended;

t h   e f unc tions of the Finance and Economics Committee under the Regulation of Undertakings and Development (Jersey) Law 1973, as amended;

t h   e s a f eguarding of consumer interests functions of the Finance and Economics Committee in

respect of the Jersey Electricity Company under Article 31 of the Electricity (Jersey) Law 1937, as amended, and of the Public Services Committee in respect of the Jersey New Waterworks Company Limited under Article 14 and Part VII of the Water (Jersey) Law 1972, as amended; and

r  e  g u la  tory functions currently undertaken by other Committees that are deemed to be more appropriately placed within the remit of an Industry Committee;

(c ) o t her related responsibilities that emerge during the consultation and organising process; and (d ) a department with appropriate financial, manpower and accommodation resources.

Precis of points made by industry representatives during consultation process

Strategic development

Po  litical philosophy/policy objectives/aims of the Industry Committee to be spelt out/climate created to formulate and implement policy/partnership between industry and States required.

V is ion for next five to ten years: strategic diversity/economic growth/proper business plans.

Str   ategic  planning  needs  new  approach/Industry  Committee  to  be  primary  source  of  direction  for economy/opportunities for economic wealth generation to be identified.

Sta   tes to be clear on relationship between Industry Committee and other committees e.g., Policy and Resources/improved communication and representation with States through Industry Committee welcomed.

IS /I  T and e-commerce industry developing/expanding rapidly/proactive strategy required.

T ra ining/industrial relations to be transferred to Industry Committee/TEP to be driven by employment market and needs of industry/labour laws might have to be introduced.

T o urism/agriculture have political representation in excess of importance to island in comparison to other sectors - e.g., construction.

N o political clarity/uncertainty and changes of direction at present/scepticism about States as a whole "letting go of the reins".

Regulation of services

M a rket place should be liberalised/regulated monopolies to exist only by exception.

R e gulatory role to encourage competition/culture of non-regulation unhealthy.

D e gree of regulation/methods to be employed/resources required-all to be identified.

R e gulator to be firm and fair/appeals process should be available/Ombudsman suggested.

N o unnecessary barriers to development of opportunities and a proper infrastructure.

O v er-regulation or burdensome regulation not required/responsible regulation through a committee which exercises strategic co-ordination role sought.

Consumer protection

N e w Industry Committee could highlight high standards of service provided by commerce/could also play an important role in destroying "consumer rip-off" myths.

T ra ding Standards to form basis for Office of Fair Trading.

In d ustry Committee to look after consumer interests/legislation for consumer protection required.

C o nsumer Council to be independent/linked to either Industry Committee or Policy and Resources.

Regulation of Undertakings and Development

    R e servations about both Regulation of Undertakings and Development and strategic development being

within Industry Committee.

R e gulation of Undertakings and Development to be replaced with measures to combat immigration.

B u sinesses facing problems because of Regulation of Undertakings and Development - e.g., difficult to get competent staff/inflationary.

[1]

See Appendix C.