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Approved Panel Minutes - Environment, Housing and Infrastructure - 2018

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Environment, Housing and Infrastructure Scrutiny Panel

Records of Meetings

Year: 2018

The following records of meetings have been approved by the Panel. Signed

Chairman

Connétable Mike Jackson

Environment, Housing and Infrastructure Scrutiny Panel

Record of Meeting

Date: 19th June 2018

 

Present

Connétable Mike Jackson , Chairman Connétable John Le Maistre, Vice-Chairman Connétable Sadie Le Sueur -Rennard

Apologies

Deputy Kirsten Morel

Absent

 

In attendance

Miss Nikita Hall , Scrutiny Officer Miss Sammy McKee , Scrutiny Officer

 

Agenda matter

Action

1. Vice-Chairman

The Panel appointed Connétable John Le Maistre as its Vice-Chairman in accordance with  Standing  Order  135(5).  (Proposed  by   Connétable  Le  Sueur-Rennard  and seconded by Connétable Jackson ).

 

2. Working Practices

The Panel considered its working practices. In particular, it was agreed that Panel meetings would be held in private. It was also noted that a shared document facility SharePoint'  had  been  made  available  in  order  for  Panel  Members  to  access documentation electronically. The Officer gave a demonstration on the screen of how to navigate to the Panel's SharePoint page. It was noted that Scrutiny Members were having some issues accessing SharePoint on their personal devices and that the issue was currently being looked into for a resolution as soon as possible.

The Panel was directed to the Scrutiny and Public Accounts Committee Proceedings: Code of Practice which outlined the role of the Scrutiny Officer (amongst other useful procedural information). The Panel noted that it was familiar with the Officer's role.

 

3. Schedule of Meetings

The Panel considered a draft meeting schedule for 2018 and agreed that it would meet fortnightly at 9:30am on Tuesday mornings. It was noted that the Panel would decide whether or not to meet over the Summer Recess closer to the time, dependent on its workload. It was noted that the Officer would distribute Outlook invitations for all future meetings shortly.

The Panel considered provisional arrangements for Quarterly Public Hearings and the following was agreed:

- Hearings would begin in October, in order to allow time for the Panel to meet informally with each Minister and familiarise itself with its remit and work streams.

- Hearings would be scheduled for the same day as the Panel meeting (Tuesdays) where at all possible and subject to availability of the respective Minister.

- Hearings would be held in public and the time allocated would be 2 hours.

NH

 

The Officer agreed to contact the various Departments to arrange suitable dates and put these in the diary.

NH/SM

4. Work Programme

The Panel, taking into account the legacy report of the former Panel, considered its Work Programme. The Officer gave an update on the Department for Infrastructure's work programme following a recent meeting with the Department's Scrutiny Liaison Officer (SLO).

The Officer also updated the Panel on the current status of the Draft Regulations for the Health and Safety (Rented Dwellings) (Jersey) Law 201-. It was noted that the Draft Regulations were in the final stages of preparation and that it was likely that they would be brought to the States Assembly for debate on 11th September, allowing the Panel time to review them prior to this date. The Panel expressed a desire to receive the Draft Regulations as soon as possible given the timeline. The Officer advised that they would be forwarded to Panel Members as soon as they were made available by Environmental Health.

The Panel enquired as to what extent the Future Hospital sat within its remit. The Officer advised that in the previous term a Future Hospital Review Panel had been formed by the Chairmen's Committee to undertake work on this matter. It was further advised that if a similar Review Panel was re-formed this term then there would be an opportunity for the Chairman to be involved. However, it was also noted that the Panel could undertake work on the hospital if it specifically related to any of the three Departments that fell under its remit.

Consideration was given to a number of topics of potential interest for review:

The Affordable Housing Gateway: the Panel raised concerns over whether the Gateway was fit for purpose and it was noted that there was much confusion surrounding access to it. The Officer advised that this was an area that the Strategic Housing Unit (SHU) was currently reviewing themselves and there would be an independent report published on this imminently. It was further noted that the Panel would be able to raise these concerns and ask questions when it met with the Minister / Department. It was also noted that the SHU was working on the Objectively Assessed Housing Need Report (OAHNR) which would look at housing need and feed into the Island Plan. Highway  maintenance:  specifically  reviewing  standards  and  scope  for bringing forward a Street Works Law which would enable works undertaken by suppliers to be more proactively managed and for investment in highway infrastructure to be better protected. The Officer advised that it would need to clarify whether or not this would fall within the remit of PAC (Public Accounts Committee) and would report back to the Panel.

Road  Worthiness  Testing  (MOTs): The  Panel  was  advised  that  the Department for Infrastructure had identified this as a likely implication resulting from Brexit. The Panel therefore considered whether it would be useful to review this particular topic. It was decided that further information would need to be gleaned from the Minister / Department before a decision was made as to whether to review this or not.

Use of Plastics and the Environment: the Panel noted that this was a very topical subject matter at the moment and could be a worthwhile piece of work for review, specifically in relation to recycling and looking at examples from other jurisdictions. It was agreed that the Officer would prepare a Scoping Document for review at the Panel's next meeting.

NH

SM

SM / NH

 

The Panel agreed that the Chairman would be kept informed of forthcoming draft legislation to be debated by the States Assembly. It was noted that under Standing Order 72, the Chairman would be asked if he wished to have an item of draft legislation referred to the Panel.

NH

5. Conflicts of Interest

The Panel noted the provisions of the Scrutiny and Public Accounts Committee Proceedings: Code of Practice in respect of declarations and conflicts of interest.

Connétable Le Maistre and Connétable Le Sueur -Rennard wished to note that they were both involved in the farming industry.

The Officer advised that Members would be asked to consider and declare any possible conflict of interest for each Review and that this would be recorded by the Officer in the Scoping Document.

 

6. Site visits / briefings with the relevant Ministers and Departments

It was agreed that the Officer would arrange site visits and/or briefings with the relevant Ministers to take place as soon as possible.

NH

7. Scrutiny Training

The Panel noted that training for all Scrutiny and Public Accounts Committee Members would take place on Friday 6th July 2018. Further details would follow from the Head of Scrutiny.

It was further noted that other training opportunities (specifically Chairing Skills, Questioning Skills and Media Training) were due to be taken to the Chairmen's Committee and, if approved, would likely take place in September / October time.

The Panel was advised that there would also be an opportunity to visit Westminster, to witness first-hand how Select Committees operated. It was noted that if Members were interested, the visit would likely take place in early 2019. All those present expressed an interest in participating in a visit to Westminster.

TO

8. Future Meetings

The Panel noted that its next scheduled meeting would take place at 9.30am on Tuesday 3rd July 2018 in Le Capelain Room.

 

Date: 3rd July 2018

 

Present

Connétable Mike Jackson , Chairman Connétable John Le Maistre, Vice-Chairman Deputy Kirsten Morel

Apologies

Connétable Sadie Le Sueur -Rennard

Absent

 

In attendance

Miss Nikita Hall , Scrutiny Officer Mr Tom Leveridge, Scrutiny Officer

 

Agenda matter

Action

1. Records of Meeting

The Panel approved the record of the meeting held on 19th June 2018.

 

2. Reducing Use of Plastics in Jersey

The Panel considered a draft scoping document for its proposed review in relation to Reducing the Use of Plastics in Jersey. The Panel agreed the Terms of Reference.

In agreement of its next steps, the Panel decided that before it progressed the scoping document to Chairmen's Committee for approval, it would be prudent to meet with the Environment Department for a briefing on the issue of Plastics, as well as a site visit to the Incinerator and Recycling Park with the Department for Infrastructure. The Officer was requested to arrange these meetings/visits accordingly.

NH

3. Work Programme

The Panel discussed other possible topics of interest for review:

  • Limits on Fisheries / catch management / EU regulations
  • Maintenance of Jersey's roads and budget issues/constraints.
  • Tenancy Deposit Scheme

It was noted that it would depend on further discussions with Departments and their work programmes as to whether topics of interest would lead to reviews.

 

4. Schedule of Quarterly Hearings

The Panel approved the following schedule of Quarterly Hearings with Ministers:

Monday 1st October 2018 at 10am – Minister for Infrastructure

Tuesday 30th October 2018 at 11.30am – Minister for Housing

Tuesday 13th November 2018 at 11.30am – Minister for the Environment

 

5. Departmental Briefings

 

 

The Panel decided it would be beneficial to meet with Departments for briefings on an ad-hoc basis, as and when potential topics of interest arose.

The Panel noted that as the Draft Regulations for the Health and Safety (Rented Dwellings) (Jersey) Law 201-. were due to be lodged imminently, it would be prudent to receive a briefing from Environmental Health on this matter. The Officer was requested to arrange a briefing.

The Officer was also requested to arrange various other meetings with individuals who had approached the Panel, as well as an individual with knowledge and experience of the recycling market.

NH

NH

6. Review Panels

The Panel noted that due to likely implications arising from Brexit within the Panel's remit, it would make sense for a Panel Member to also join the Brexit Review Panel when this was formed. Similarly, with a crossover of remit with Infrastructure and the Future Hospital, it would also make sense for a Panel Member to join the Future Hospital Review Panel when this was formed.

 

7. Correspondence from member of the public

The Panel noted a question on social media from a member of the public in relation to the rise in Vehicle Emissions Tax. The Panel agreed to question the Minister for Infrastructure on the subject at the next Quarterly Hearing.

The Panel also noted a topic proposal from a member of the public on the killing of animals in Jersey'. The Panel agreed it would question the Minister for Infrastructure on this at the next Quarterly Hearing after which it would then make a decision as to whether it should review this or not.

 

8. Future Meetings

It was noted that the Panel's next scheduled meeting would take place on Tuesday 17th July, 2018 at 10:45am in the Le Capelain Room of the States Building.

In respect of its regular Panel meetings, the Panel decided on a later start time of 10:45am for its meetings on 17th July, 18th September and 16th October 2018.

 

Date: 17thJuly 2018

 

Present

Connétable Mike Jackson , Chairman Connétable John Le Maistre, Vice-Chairman Connétable Sadie Le Sueur -Rennard Deputy Kirsten Morel

Apologies

 

Absent

 

In attendance

Mr Andrew Scate, Group Director – Regulation – Growth, Housing and Environment [item 4 only]

Mr Stewart Petrie, Director – Environmental Health – Growth, Housing and Environment [item 4 only]

Mr Yannick Fillieul , Acting Private Secretary, Interim Ministerial Support Unit – Office of the Chief Executive [items 4 and 5 only]

Mr William Peggie, Director of Natural Environment – Growth, Housing and Environment [item 5 only]

Dr Louise Magris, Director of Environmental Policy – Growth, Housing and Environment [item 5 only]

Ms Jane Burns, Eco-active Programme Manager – Growth, Housing and Environment [item 5 only]

Miss Nikita Hall , Scrutiny Officer

Miss Kellie Boydens , Scrutiny Officer [items 1-3 and 6- 9 only]

 

Agenda matter

Action

1. Records of Meeting

The Panel approved the record of the meeting held on 3rd July 2018.

 

2. Briefings and site visit

The Officer advised the Panel that all meetings, briefings and the site visit to the Energy from Waste Plant and Recycling Park had now been organised and calendar invites had been circulated, as well as a meeting schedule.

The Chairman apprised the Panel that one of these meetings had been set up with the Guernsey Recycling Group at his request, in order to provide a degree of insight into Guernsey's waste and recycling practices.

 

3. Scrutiny Briefing Guidelines

The Panel noted that the Chairmen's Committee had recently approved a set of guidelines which related to the delivery of briefings by Departments. The Panel unanimously  agreed  to  adopt  these  guidelines  into  their  working  practices  with immediate effect and the Officer was requested to circulate them to the Scrutiny Liaison Officer in each Department.

NH

4.  Draft  Public  Health  and  Safety  (Rented  Dwellings)  (Licensing)  (Jersey) Regulations 201- Briefing

 

 

The Panel received a PowerPoint presentation from Officers from the Department for Growth, Housing and Environment on the proposed Licensing Regulations. The Director of Environmental Health gave an overview of the current Law and it was explained that the introduction of the Draft Licensing Regulations and the Draft Minimum Standards Order would give the Department the appropriate powers to be able  to  enforce  the  Law. The  Panel  was  advised  that  the  proposed  Minimum Standards would ensure that rented dwellings would:

  1. be without Category 1 Hazards as defined by the Housing Health and Safety Rating System (HHSRS);
  2. have Fire detection appropriate to the size, layout and occupation of the dwelling;
  3. have appropriate Carbon monoxide detection if provision was made for fossil fuel to be burned (Gas, Oil, Solid fuel including wood);
  4. have an annual Gas safety check carried out by a suitably qualified person where a gas supply existed, even where there were no gas appliances. A copy of this would be made available to Authorised Officers and tenants on request.

It was further explained that Licensing was appropriate in order to:

  1. Provide information as to how many rented properties there were and where they were located;
  2. Better enforce other legislation such as deposits / condition reports / supply of services;
  3. Ensure properties were correctly managed;
  4. Ensure minimum standards were met;
  5. Ensure tenants' rights were upheld;
  6. Anti-social behaviour controlled;
  7. Create a fair playing field / market for landlords;
  8. Help landlords improve properties;
  9. Provide confidence to prospective tenants.

It was noted that the Appointed Day Act for the Law would be lodged shortly, to be listed  for  the  States  sitting  in  September,  which  would  allow  the  Panel  time  to undertake further work on the Licensing Regulations if necessary.

Questions were raised by the Panel in respect of the licensing fee and it was noted that continued discussions with the Department would be necessary when further details were made available.

After the Officers had withdrawn from the meeting the Panel noted that the Minister for the Environment had requested an informal meeting with the Panel to discuss further the proposed Regulations and it was agreed that the Officer would liaise with the Department to facilitate a meeting in September/October.

NH

5. Plastics & the Environment - Briefing

The Panel received a briefing from Officers from the Department for Growth, Housing and Environment on Plastics and the Environment'. The purpose of the briefing was to establish what the Department's priorities were in relation to reducing plastic pollution.

The  Eco-active  Programme  Manager  gave  an  overview  of  the  Eco-active

 

 

Programme and advised that the Programme works with schools, business, the states and the general public to increase environmental awareness and provided help to:

  • Improve efficiency;
  • Reduce running costs;
  • Prevent waste;
  • Improve reputation;
  • Demonstrate compliance with environmental legislation;
  • Reduce the risk of causing pollution or other negative environmental impacts.

The Panel was advised that Eco-active was currently working with Surfers Against Sewage (SAS) to attain Plastic Free Jersey' status. It was noted that the term Plastic Free' referred to single use plastics. The Panel was informed that in order to achieve Plastic Free' status, Jersey must qualify to meet the five objectives of the scheme which could be found on the States of Jersey website here.

The Panel was advised that it was possible for Jersey to achieve Plastic Free Jersey' status by late September 2018, once all the criteria was met. The Eco-active Programme Manager also explained that there was a similar initiative by SAS due to be  rolled  out  to  different  Governments  called  Plastic  Free  Parliament,'  which targeted the reduction of five single use plastic items in Parliament. The Panel was advised that it was also possible for Jersey to work towards meeting the criteria and be awarded Plastic Free Parliament' status by September 2018.

The Panel asked what else needed to be done in addition to what the Department was already doing. The Director of Environmental Policy advised the Panel that the Solid Waste Strategy needed to be re-visited (last done in 2005) and that the Council of Ministers would need to decide on their strategic priorities for the next 4 years and how the issue of Plastics would feed into this.

The Panel also asked what work the Department had done in relation to looking at other jurisdictions and how they were tackling the issue of plastic pollution. The Director of Natural Environment advised that there was a commitment from the British Irish Council Summit to hold a workshop (which Jersey would attend) to look at the issue and what the best processes might be. Jersey also looked to the Isle of Man and Guernsey to share knowledge and practice.

The Panel enquired as to whether anything was being looked into as to how best to deal with commercial fishing litter. The Director for Environmental Policy suggested that commercial waste charges currently served as a disincentive and that the right fiscal policy levers were needed to provide a greater incentive to dispose of waste such as this correctly.

The Panel queried what initiatives, if any, were being encouraged to run a deposit bottle return scheme. It was noted that a local supermarket was potentially looking to trial such a scheme to see if there was uptake for this type of initiative. It was also noted that some suppliers were looking at moving away from plastic bottles and using re-useable aluminum cans for water instead.

The Panel asked about the issue of litter in general across the island (coastal, town and countryside) and whether greater fines could be imposed and enforced on non- compliant offenders. It was noted that there was currently a lack of resources and that this would need greater prioritisation as a resourced enforcement action.

 

 

Finally, the Panel asked whether the Department was able to provide reassurance as to where exported plastic waste went, to make sure it didn't get shipped to other locations around the world after it had been shipped to the UK. The Department advised that there was an ongoing full audit trail conducted to ensure that exported plastic waste (i.e. plastic bottles) did not get passed onto a secondary contractor overseas.

The Panel, having received the helpful and informative briefing by the Department, decided to progress with its Review on Reducing Use of Plastics in Jersey.

 

6. Reducing Use of Plastics in Jersey

The Panel discussed additional stakeholders to be included in the Review and the following additional key stakeholders were identified and agreed:

  • Chamber of Commerce
  • Logistic companies (Ferry Speed)
  • Wholesalers (Huelins / Allied Traders)
  • Supermarkets (Sandpiper)
  • Coffee shops
  • Normans
  • Jersey Fishermen's Association

The Panel agreed its revised Scoping Document and Terms of Reference and the Officer was requested to submit these to the Chairmen's Committee for approval.

NH

7. Work Programme

The Panel noted a document prepared by the Officer which detailed its current work programme and timeline.

The Panel discussed the potential review topic of Highway Maintenance' and issues with poor quality road surfacing and Department budget constraints. The Officer was requested to arrange a briefing from the Department for Infrastructure to take place in the Autumn.

The Panel discussed the potential review topic of the Residential Tenancy Deposit Scheme' and its effectiveness since it came into force in 2015. The Officer was requested to arrange a briefing from the Strategic Housing Unit to take place in the Autumn.

The Panel discussed the potential review topic of Limits on Fisheries' and noted that it had a briefing scheduled with Marine Resources on 14th August 2018. It was agreed  that  it  would  be  beneficial  for  the  Panel  to  have  an  overview  of  the sustainability  of  fish  stocks  included  as  part  of  the  briefing. The  Officer  was requested to liaise with the Department to request this be included.

NH NH

NH

8. Future Hospital Review Panel Membership

The Panel noted that a representative from each Scrutiny Panel had been requested to join the new Future Hospital Review Panel. Connétable Le Maistre indicated that he would be happy to join the Review Panel if required.

 

9. Future Meetings

 

 

It was noted that the Panel's next scheduled meeting would take place on Tuesday 31st July, 2018 at 9:30am in the Le Capelain Room of the States Building.

 

Date: 26th July 2018

 

Present

Connétable Mike Jackson , Chairman Connétable John Le Maistre, Vice-Chairman Connétable Sadie Le Sueur -Rennard Deputy Kirsten Morel

Apologies

 

Absent

 

In attendance

Deputy Kevin Lewis , Minister for Infrastructure

Deputy Hugh Raymond, Assistant Minister for Infrastructure

Deputy Gregory Guida, Assistant Minister for the Environment

Mr Richard Fauvel, Acting Director, Department for Infrastructure

Mr Ian Williams, Manager, Energy from Waste Plant [item 1 only]

Ms Allyson Holmes, Strategic Planning and Communications Manager, Department for Infrastructure

Ms  Emma  Richardson-Calladine,  Recycling  Manager,  Department  for Infrastructure [item 2 only]

Ms Jane Burns, Eco-active Programme Manager, Growth, Housing and Environment

Miss Nikita Hall , Scrutiny Officer

 

Agenda matter

Action

1. Visit to the Energy from Waste (EfW) Plant

The Panel visited the EfW Plant and were given a tour of the facility by the Manager of EfW. The purpose of the visit was to learn more about how waste was dealt with in Jersey.

 

2. Visit to the Household Re-use and Recycling Centre (HRRC)

The Panel visited the HRRC and were given a tour of the site by the Recycling Manager. The purpose of the visit was to gain insight into how Jersey recycled various materials. The Panel was particularly interested to learn about Jersey's recycling of plastics.

 

Date: 31stJuly 2018

 

Present

Connétable Mike Jackson , Chairman Connétable John Le Maistre, Vice-Chairman Deputy Kirsten Morel

Apologies

Connétable Sadie Le Sueur -Rennard

Absent

 

In attendance

Mr Jim Hopley, representing the National Park Jersey [item 2 only]

Mr Mike Stentiford, representing the National Park Jersey [item 2 only] Miss Nikita Hall , Scrutiny Officer

Miss Kellie Boydens , Scrutiny Officer [items 1 and 3-8 only]

 

Agenda matter

Action

1. Records of Meeting

The Panel approved the record of the meeting held on 17th July 2018.

 

2. Informal Meeting

The Panel welcomed Jim Hopley and Mike Stentiford to the meeting, both of whom gave an overview of the National Park Jersey and the challenges it was facing, mainly a lack of funding and manpower resources. Jim Hopley advised that a meeting was scheduled with the Minister for the Environment in September when they would raise these issues. The Panel agreed that it would also raise these matters with the Minister for the Environment at the next Quarterly Hearing.

 

3. Reducing Use of Plastics in Jersey

The Officer gave an update on the current status of the review, noting that a press release had been issued on Friday 27th July 2018. The Panel approved a draft proof of a Call for Evidence which was due to be advertised in the Jersey Evening Post. The Panel also discussed and agreed dates in September and October for the Public Hearings with the Ministers for the Environment and Infrastructure and stakeholders.

The Officer was requested to make arrangements accordingly.

NH

4. Issue raised by a member of the public

The  Panel  noted  email  correspondence  from  a  member  of  the  public  to  the Department for Infrastructure regarding plastic contamination of the Department's compost/mulch product. The email cited that it was suspected to be a lack of manpower at the site which was perhaps the reason why this had been happening. The Panel agreed to take this up with the Minister at the next Quarterly Hearing.

 

5. Brexit: Jersey and the Vienna Convention on Road Traffic 1968

 

 

The Chairman updated the Panel on a recent briefing he had attended in respect of the above. The Panel discussed whether a Sub-Panel should be formed to deal with this  matter;  or  whether  written  questions  should  be  sent  to  the  Minister  for Infrastructure and a Comments Paper produced.

It was noted that the Department was aiming to lodge the Draft Legislation on 7th September 2018 with a States debate date of 23rd October 2018. However, ideally the Panel wished to receive an early copy of the legislation, to permit enough time to study this before the debate date. It was agreed that the Officer would liaise with the Department to ascertain when the Draft Legislation would be made available to the Panel.

NH

6. Upcoming States Business

The Panel noted that the following Propositions were due to be debated:

P.94/2018.

Draft Sea Fisheries (Les Ecréhous) (Jersey) Regulations 201-. Lodged: 23rd July 2018.

Minister for the Environment.

P.93/2018.

Draft Sea Fisheries (Minimum Size Limits) (Amendment No. 6) (Jersey) Regulations 201-.

Lodged: 20th July 2018.

Minister for the Environment.

The Officer was requested to liaise with the Department to request that further detail/background was included in the briefing on 14th August 2018, prior to the debate.

The lodging of the following Proposition was also noted, which related to the recent briefing the Panel had received from Environmental Health:

P.95/2018.

Draft Public Health and Safety (Rented Dwellings) (Jersey) Law 2018 (Appointed Day) Act 201-.

Lodged: 24th July 2018.

Minister for the Environment.

It was noted that this was for the States to approve the Appointed Day Act for the Law. The Panel was advised that the licensing Regulations would be lodged and debated at a later date. The Panel noted concerns around intended licensing fees.

The Panel agreed that the six week lodging period would not be long enough to review the Regulations. The Officer was requested to draft a letter to the Minister for the  Environment  stating  that  it  was  the  Panel's  intention  to  review  the  draft Regulations and ask that the debate date was extended beyond the six week period in order to allow sufficient time for a review.  

Deputy Morel and Connétable Le Maistre declared that they were both property owners, should this pose as a conflict of interest for the review.

NH

NH

7. Work Programme

The Panel identified a further potential topic of interest for future review regarding measuring the quality of Jersey's soil. It was agreed that this would be discussed

NH

 

again in due course.

 

8. Future Meetings

It was noted that the Panel's next scheduled meeting would take place on Tuesday 14th August, 2018 at 9:30am in the Le Capelain Room of the States Building.

 

Environment, Housing and Infrastructure Scrutiny Panel

Record of Meeting

Date: 14th August 2018

 

Present

Connétable Mike Jackson , Chairman

Connétable John Le Maistre, Vice-Chairman [items 2-4 and 6-7 only] Connétable Sadie Le Sueur -Rennard

Deputy Kirsten Morel

Apologies

 

Absent

 

In attendance

Mr William Peggie, Director of Natural Environment – Growth, Housing and Environment [item 2 only]

Mr Greg Morel , Acting Director Marine Resources - Growth, Housing and Environment [item 2 only]

Mr Michael Grime, Managing Director – Guernsey Recycling Group [item 3 only]

Deputy Kevin Lewis – Minister for Infrastructure [item 6 only]

Mr  Tristan  Dodd,  Director  of  Transport   Growth,  Housing  and Environment [item 6 only]

Mr Toni Mizolek, Transport Projects Manager Growth, Housing and Environment [item 6 only]

Ms Allyson Holmes, Interim Ministerial Support Unit – Office of the Chief Executive [item 6 only]

Miss Nikita Hall , Scrutiny Officer

Miss Kellie Boydens , Scrutiny Officer [items 1,4-5 only]

 

Agenda matter

Action

1. Records of Meeting

The Panel approved the records of the meetings held on 26th and 31st July 2018.

 

2. Briefing: Marine Resources

The Panel received a briefing on the following propositions:

P.94/2018

Draft Sea Fisheries (Les Ecréhous) (Jersey) Regulations 201-.

The Acting Director of Marine Resources explained to the Panel that the purpose of the Regulations was to implement a parlour pot free zone that would prohibit the use of certain types of pots and traps in the area at Les Ecréhous It was explained that the area was currently inhabited by a large number of juvenile lobsters and therefore this type of fishing activity was not conducive for sustaining stock levels. It was noted that the Jersey Fishermen's Association (JFA) was supportive and that whilst the area in question was within Jersey's territorial waters, there had been consultation and negotiation between the JFA and French fishermen before the area size was decided upon. The Panel agreed this was a sensible approach and had no concerns with the proposition.

P.93/2018

Draft Sea Fisheries (Minimum Size Limits) (Amendment No. 6) (Jersey) Regulations 201-.

 

 

The Acting Director of Marine Resources explained to the Panel that the purpose of these Regulations was to increase the minimum size limit of crawfish in order to promote further proliferation of the species which had a low population size. It was noted that adoption of the proposition would bring Jersey in line with the Granville Bay Agreement and therefore would be a positive step forward for international relations. It was further noted that there had been much consultation with the JFA which was supportive as the aim was to improve marine stock with no economic impact. The Panel agreed this was a sensible approach and had no concerns with the proposition.

General

The Panel expressed concerns over dredging for scallops in Jersey. The Acting Director of Marine Resources explained that they had previously closed off sites and were identifying significant impact sites' and limiting activity. It was further explained that the Department had a PhD student who was due to start work with them to specifically measure the impact of closing off various sites.

It was further noted that the Department had undertaken an assessment of wild stock of seaweed and was looking at how stocks could be exploited (positively).

 

3. Informal Meeting with the Guernsey Recycling Group

The Chairman welcomed the Managing Director of the Guernsey Recycling Group (GRG) to the meeting and explained that the main purpose of the invitation to attend was for the Panel to find out more about what happened to plastic waste in Jersey (it was noted that the Group also had a presence in Jersey through Abbey Waste Ltd).

It was explained that Abbey Waste Ltd prepared Jersey's plastic waste for export which then was sent to the UK where it went through a wash plant before being recycled. With regard to the cost of exportation, it was noted that at the present time the cost was at parity with the price paid by re-processors for the plastic waste. It was further explained that the price point for plastics was an ever-changing and volatile market. Different grades of plastics had different values and price points. Higher grades of plastic such as Polyethylene Terephthalate (PET) and High-Density Polyethylene  (HDPE)  had  the  most  consistent  value  and  demand  from  re- processors. Some other types of plastics could be recycled but were not due to cost. A high amount of capital investment was required to build re-processing plants and for those grades of plastics where the value was so unstable it was noted that this was not financially viable for the industry.

The Managing Director of GRG commented to the Panel that in his opinion a zero gate fee on solid waste worked against plastic recycling and that if solid waste charges were to be introduced, along with perhaps other economic incentives, this would help promote more recycling of plastics.

It was noted that in Guernsey a government subsidy was provided for recycling. Furthermore  that  there  were  heavy  fines  at  landfill  for  the  incorrect  disposal  of recyclable waste, these were estimated to be in the region of £300-350. Recycling was  free  of  charge  for  householders  but  there  was  a  charge  for  black  bags' containing general waste. The Managing Director of GRG went on to advise that the public reaction in Guernsey was generally supportive of the direction taken, however where  there  was  a  cost  attached  which  inevitably  has  had  an  impact  both commercially and publicly.

The Panel noted that it was 30% cheaper to produce plastics through recycling of

 

 

waste, as opposed to manufacturing plastic from scratch.

The  Panel  queried  why  plastic  bottle  lids  were  currently  not  recycled  and  was advised that this was due to them being a different grade of plastic to the bottles, although there was a soft start' to recycling these in the UK which had just begun.

 

4. Reducing Use of Plastics in Jersey

The Officer gave an update to the Panel on the current status of the review, noting that a communications strategy was in place across various communication channels such as newspaper, radio and social media. The Officer gave updates on confirmed dates for public hearings, noting that the Panel was still awaiting a response from the Minister for the Environment. An environmental organization had been invited to a public hearing but no response had yet been received. It was noted that written submissions were being received and uploaded to SharePoint. The Panel noted that it may need to defer the first public hearing in early September until it could identify a stakeholder from amongst the written submissions that it wished to question further as a witness.

The  Panel  discussed  a  preliminary  question  plan  for  both  the  Minister  for  the Environment and the Minister for Infrastructure. The Officer advised the Panel that this question plan would be added to as and when questions were prompted by points/issues raised in the written submissions. It was noted that there was a comments  function  on  SharePoint  where  the  Panel  Members  could  input  the questions they wished to be included in the question plans.

The suggestion of public water fountains had been raised in a few submissions so far to date. It was suggested that a social media poll would be a good way to gauge further public opinion on this. The Officer would look into this further. The Panel also agreed that it wished to look into other jurisdictions and how they recycled plastic bottles, such as through bottle deposit schemes.

NH

5. Increase in cash bus fares

The Panel discussed correspondence between a member of the public and the Minister for Infrastructure regarding a 10% increase in Liberty Bus cash bus fares. The Panel raised concerns over a point that had been made relating to Liberty Bus's gift aid' being sent to the UK and not going to local charities. It was agreed that Panel would discuss this further with the Minister.

 

6. Brexit: Jersey and the Vienna Convention on Road Traffic 1968 – Update from Minister for Infrastructure

The Panel received the Minister for Infrastructure and Officers for an update on the timescales of an upcoming proposition relating to the above.

The Transport Projects Manager advised the Panel that they were hoping to lodge a Report and Proposition on 25th September with a debate date of 6th November 2018. The Panel expressed concern over the tight timescale which did not leave adequate time for a thorough scrutiny review, which was felt was  needed due to certain aspects of the legislation which would result in high public impact. It was explained that the tight timescale was due to the deadline for Brexit which was 29th March 2019, although various documentation had to be provided to the UK's Department for Transport by 3rd December 2018. The Panel had further concerns over a high

 

 

amount of public investment which would be required to build a new test site facility and that this was being proposed to be done in-house' rather than outsourcing to industry. The high public investment was also a concern to the Panel due to the fact that only 7% of vehicles left the island but yet all vehicles would be required to be periodically tested. The Director for Transport advised that the testing of all vehicles was a mandatory requirement for compliance with Vienna. He further explained that this initial stage of the project was establishing the legislation to secure Jersey residents with rights to free circulation. Once established, there would be a second phase where the business case would have to go to the States Treasury for a full analysis of the options available (insource/outsource).

After the Minister and Officers had exited the meeting, the Panel discussed the issues and tight timescale and it was agreed that further legal advice was required to establish whether the adoption of Vienna was the only suitable option available for Jersey. The Officer was requested to find out more.

NH

7. Future Meetings

It was noted that the Panel's next scheduled meeting would take place on Tuesday 4th September, 2018 at 9:30am in the Le Capelain Room of the States Building.

 

Present

Connétable Mike Jackson , Chairman Connétable John Le Maistre, Vice-Chairman Deputy Kirsten Morel

Apologies

 

Absent

Connétable Sadie Le Sueur -Rennard

In attendance

Miss Nikita Hall , Scrutiny Officer Miss Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1. Records of Meeting

The Panel approved the record of the meeting held on 14th August 2018.

 

2. Reducing Use of Plastics in Jersey Review

The Officer gave an update to the Panel on the current status of the Review, noting that the Review was still in the Call for Evidence phase and receiving submissions. The deadline for submissions was noted as 14th September 2018. The Panel was shown a project plan which highlighted the next stages of the Review. The Officer also advised that a start had been made on reviewing the submissions for emerging themes.

The Officer advised that three of the stakeholders who had made submissions had expressed an interest to attend a public hearing in order to aid further discussion with the Panel. The Officer was requested to make the necessary arrangements to facilitate this.

The Panel discussed question plans for the upcoming Public Hearings with the Ministers for Infrastructure and the Environment and requested the Officer to insert additional questions.

The Panel asked the Officer to find out more from the Department for Growth, Housing and Environment as to what arrangements Jersey had in place in regard to subsidies given to contractors who recycled Jersey's plastic waste and whether there was  a  specific  formula  applied.  In  addition,  to  find  out  more  about  Guernsey's government and how they approached the recycling of plastic waste.

NH NH

NH

3. Brexit: Vienna Convention on Motor Traffic

It was noted that the Panel had requested an 8 week lodging period before debate, in  order  to  provide  enough  time  to  consider the  draft  legislation  and  provide  a Comments paper. The Assistant Minister for Infrastructure had responded stating that timescales were tight and if the Panel had no objections would maintain a shorter timeframe. It was decided that this was unsatisfactory to the Panel and that Scrutiny should be permitted enough time to consider the draft legislation and review this  accordingly. The  Officer  was  requested  to  respond  to  the  Department  for Growth, Housing and Environment to advise that the Panel would require an 8 week lodging period.

NH

 

4. Increase in cash bus fares

The Panel discussed a further response from the Department for Growth, Housing and Environment regarding HCT Group, the company that operates as Liberty Bus, and the provision for charitable donations. The Panel agreed that it was not clear from the response as to whether HCT Group made charitable donations to local charities [although it appeared not to be the case]. The Officer was requested to liaise with the Department to request to see a copy of the contract between the States of Jersey and HCT Group to ascertain what provision, if any, there was within this agreement for charitable donations to be made to local charities.

NH

5. Scrutiny Review request

The  Panel  discussed  a  request  from  a  member  of  the  public  to  review  Jersey Property Holdings' policies on foreshore compensation claims. It was decided that the Panel would question the Minister for Infrastructure on this further at the next public hearing, after which the Panel would decide whether or not it would carry out a Review. The Officer was requested to respond to the member of the public to communicate the Panel's intended course of action.

NH

6. Visit to a plastic recycling plant in the UK

In order to further aid the Panel's Review, a fact finding visit to a plastic recycling plant in the UK was identified as a beneficial way to gather evidence. The Officer was requested to confirm which UK plant Jersey's plastics bottles were sent to and to make initial enquiries as to whether a visit to the plant would be possible for mid- October.

NH

8. Upcoming propositions P93/2018 & P94/2018

It was noted that although the Panel was satisfied with the principle of the draft legislation, the propositions had stated the legislation was based upon scientific evidence, which had been omitted from the report. The Officer was requested to liaise with the Marine Resources Department to request this information be made available to Members.

P95/2018

A discussion took place around the Appointed Day Act for the Public Health and Safety  (Rented  Dwellings)  Legislation. The  Panel  requested  clarification  as  to whether the adoption of the Appointed Day Act should be of concern if the Panel had apprehensions  over  the  proposed  content  of  future  proposals  for  the  draft Regulations. The Officer advised that the Appointed Day Act brought into force the legislation, however a further proposition would be lodged by the Minister for the Environment at a future date for the draft Regulations. The Officer was requested to seek further clarification within the States Greffe as to whether the Panel would be asked to comment on P95 on the debate date and whether or not the debate should be deferred if there were current concerns over the future draft Regulations.

NH

NH

7. Future Meetings

It was noted that the Panel's next scheduled meeting would take place on Tuesday 18th September, 2018 at 10:45am in the Le Capelain Room of the States Building.

 

Present

Connétable Mike Jackson , Chairman Deputy Kirsten Morel

Apologies

Connétable John Le Maistre, Vice-Chairman Connétable Sadie Le Sueur -Rennard

Absent

 

In attendance

Mr Jack Norris, Policy Principal, Strategic Housing Unit – Department for Growth, Housing and the Environment [item 2 only]

Miss Nikita Hall , Scrutiny Officer

 

Agenda matter

Action

1. Record of Meeting

The Panel approved the record of the meeting held on 4th September 2018.

 

2. Briefing: Strategic Housing Unit on Residential Tenancy Law

The Panel received a briefing from an Officer of the Strategic Housing Unit (SHU) on the Residential Tenancy (Jersey) Law 2011, as well as the following subordinate legislation:

  • The Residential Tenancy (Condition Reports) (Jersey) Order 2014 – which made condition reports and inventories a compulsory requirement.
  • The Residential Tenancy (Deposit Scheme) (Jersey) Regulation 2014 – a scheme to protect the money that a tenant may hand over to landlord at the beginning of a tenancy.
  • The Residential Tenancy (Supply of Services) (Jersey) Order 2013 where a landlord had recharged a tenant for services (e.g. electricity and water), they must not recharge more than the retail price for the supply of such services.

The purpose of the briefing was to establish whether or not there were plans for the SHU to review the legislation given that the above Orders had been in force for 4+ years.

The SHU had identified a number of issues relating to the Law's application which may require amendment or clarification, mainly:

  • Repairs and maintenance obligations
  • Break clauses for fixed term tenancies
  • Access rights
  • Deposit protection for some people considered as registered' status
  • Deposit protection that could be extended to all tenancies which commenced before 2nd November 2015 (the current position was that it only applied to tenancies entered into, renewed or varied after this date).
  • Challenges  around  enforcement   an  investigation  into  alternative

 

 

mechanisms to ensure compliance with the deposit scheme.

The  SHU  Officer  advised  that  there  were  two  years  left  on  the  contract  for MyDeposits to operate the deposit protection scheme and therefore a review within those next two years would be timely. Overall, the SHU was satisfied with the performance of MyDeposits but noted that the issues (as noted above) required addressing in a review. It was noted that MyDeposits already had the required infrastructure in place to carry out the deposit protection scheme and also benefitted from economies of scale. Furthermore, the UK provided better financial protection compared to Jersey, (due to a cap of only 75k provided for by the Jersey Financial Services Commission). This was a further rationale for having chosen a UK provider over a local provider.

 

3. Reducing Use of Plastics in Jersey

The Officer updated the Panel on the current status of the Review, noting that the call for evidence deadline was 14th September 2018 and the Panel would now consider all the evidence.

The Panel considered question plans for the upcoming Review hearings. The Officer was requested to insert additional questions and circulate to the Panel via email. The Panel also requested that the Officer write to each Parish to request their approach to recycling of plastic and further thoughts on how a consistent, island-wide approach to recycling could be achieved.

The Panel noted that one stakeholder which had been invited to a public hearing was regretfully unable to attend on the dates the Panel had available. Therefore the Panel agreed to email the Officer with questions they wished to ask the stakeholder, in order that the Officer could compile a list of questions to submit to them in the form of written questions.

NH

NH

4. Brexit: Vienna Convention on Motor Traffic

The Panel considered and approved a Scoping Document which had been prepared by  the  Officer  and  requested  that  the  Officer  submit  the  Scoping  Document  to Chairmen's Committee for approval.

A discussion took place around the upcoming proposition which was due to be lodged  imminently. In  particular,  it  was  noted  that  the  proposition  was  that  of enabling legislation which, if adopted, would enable the Minister to set by Ministerial Order the requirements for the periodic technical inspection of vehicles. The Panel requested the Officer to revert back with advice on the possibility of lodging an amendment to change this from Ministerial Order to instead be presented to the States for debate.

NH

NH

5. Quarterly Hearing – Minister for Infrastructure – Question Plan

The Panel considered a question plan for the upcoming public Quarterly Hearing. The Officer was requested to add some additional questions and re-circulate to Panel Members via email.

NH

6. Increase in cash bus fares

The Panel noted that there had not yet been a further response from the Department

 

 

for Infrastructure and therefore this item would be deferred to a meeting at a future date.

 

7. Visit to a plastic recycling plant in the UK

The Officer advised the Panel that Jayplas' was the recycling plant which received Jersey's plastic bottles and that a response was being awaited as to whether a Panel fact finding visit would be possible for mid-October. The Officer would report back to the Panel as soon as a response was received.

NH

8. Public Health and Safety (Rented Dwellings) Jersey

The Panel discussed a request for a meeting from the President of the Jersey Landlord's Association on the above. The Officer was requested to revert back to the President to propose a mutually convenient date and time.

NH

9. Future Meetings

It was noted that the Panel's next scheduled meeting would take place on Tuesday 2nd October, 2018 at an earlier time of 09:15 in the Le Capelain Room, States Building.

 

Present

Connétable Mike Jackson , Chairman Connétable John Le Maistre, Vice-Chairman Deputy Kirsten Morel

Apologies

Connétable Sadie Le Sueur -Rennard

Absent

 

In attendance

Miss Nikita Hall , Scrutiny Officer

 

Agenda matter

Action

1. Record of Meeting

The Panel approved the record of the meeting held on 18th September 2018.

 

2. Reducing Use of Plastics in Jersey

The Officer updated the Panel on the current status of the Review, noting that a social media poll on the use of public water fountains was due to be launched imminently.

The Panel prepared the questioning strategy for the upcoming public hearings with the Minister for the Environment and the Director of JP Restaurants.

 

3. Vehicle Road Worthiness Testing: Jersey and the Vienna Convention on Road Traffic

A discussion took place on the enabling legislation which had been lodged and that, if adopted, would enable the Minister for Infrastructure to set by Ministerial Order further requirements for the periodic technical inspection of vehicles. The Panel noted  that  the  specific  details  of  the  proposals,  for  example  the  cost  of  the inspections, had not yet been finalised and were proposed to be set by Ministerial Order. However, the Panel was of the opinion that such a decision, which would have a high public impact, should instead come to the Assembly for debate. The Panel requested the Officer to instruct the Legislative Drafting Office to prepare a draft amendment which would propose the regulations be presented to the States for approval, instead of being enacted by Ministerial Order.

It was agreed that in order to gather evidence for the Review, written questions would be put to the Minister in the first instance and the Officer would seek to arrange a further public hearing date with the Minister. It was noted that it had been arranged for call for evidence posters to be displayed in the kiosks at the multi-story car parks and at local fuel stations. A call for evidence advert was also due to go out imminently on social media.

NH

4. Future Meetings

It was noted that the Panel's next scheduled meeting would take place on Tuesday 16th October, 2018 at 10:45 in the Le Capelain Room, States Building.

 

Present

Connétable John Le Maistre, Vice-Chairman Connétable Sadie Le Sueur -Rennard Deputy Kirsten Morel

Apologies

Connétable Mike Jackson , Chairman

Absent

 

In attendance

Mr Matthew Waddington, Legislative Drafter, Legislative Drafting Office Ms Heather Mason, Assistant Legal Advisor, Legislative Drafting Office Miss Nikita Hall , Scrutiny Officer

 

Agenda matter

Action

1. Draft Amendment to P109/2018 - Draft Road Traffic and Vehicles (Vienna Convention – Miscellaneous Amendments) (Jersey) Regulations 201-.

The Panel met with the Legislative Drafter regarding concerns over the Minister for Infrastructure's proposal to enact by Ministerial Order, the future costs of vehicle testing, and to discuss what form of amendment would be suitable to satisfy the Panel's desire to have this brought as regulations to the Assembly, without disrupting the  Brexit  deadline.   There  was  also  a  discussion  surrounding  the  Minister's proposed ability to determine whether the tests should be carried out by the States of Jersey or outsourced to private garages. The Legislative Drafter advised the Panel that it could bring forward a suitable amendment which would achieve the Panel's aims  and  the  Panel  agreed  to  instruct  the  Legislative  Drafter  to  proceed  with preparing both draft amendments.

MW

Present

Connétable John Le Maistre, Vice-Chairman Connétable Sadie Le Sueur -Rennard Deputy Kirsten Morel

Apologies

Connétable Mike Jackson , Chairman

Absent

 

In attendance

Mr Willie Peggie, Director, Natural Environment, Growth, Housing and Environment [item 2 only]

Mr John Pinel, Assistant Director, Natural Environment, Growth, Housing and Environment [item 2 only]

Ms Lyndsey Napton, Natural Environment Officer, Growth, Housing and Environment [item 2 only]

Miss Nikita Hall , Scrutiny Officer

 

Agenda matter

Action

1. Record of Meeting

The Panel approved the record of the meeting held on 2nd October 2018.

 

2. Briefing: Proposed New Wildlife Law

The Panel received a briefing from Officers of the Growth, Housing and Environment Department. The purpose of the briefing was to inform the Panel that the Minister for the Environment was intending to lodge a proposition in early 2019 for a proposed new wildlife law. It was explained to the Panel that many aspects of the current law were outdated and required a modern approach.

The Assistant Director of Natural Environment, explained that the Department was actively seeking public participation in amending the law and had just begun a public consultation on the proposed amendments, prior to lodging the final draft of the law.

The Panel thanked the Officers for their attendance and after the Officers had left agreed that it would await the outcome of the public consultation before deciding whether to review this or not.

 

3. Reducing Use of Plastics in Jersey

The Panel considered a Heads of Report document which had been prepared by the Officer prior to the meeting. The Panel approved the Heads of Report with a couple of additions that the Officer was requested to include.

The Officer advised that there was still no response back from the recycling plant regarding a suitable date for a visit. The Officer would follow this up and report back to the Panel.

NH

4. Vehicle Road Worthiness Testing: Jersey and the Vienna Convention on Road Traffic

 

 

The Panel considered a draft amendment to P109/2018 which had been prepared by the Legislative Drafting Office. The Panel agreed to proceed with the amendment as drafted, subject to the Chairman being in agreement with this. The Officer was requested to liaise with the Chairman and to proceed once his approval was issued.

The Officer advised that the deadline for submissions had passed on Friday 12th October. The Panel requested the Officer to enquire as to whether representative(s) from the motor trade would be able to attend a public hearing on 30th October.

The Panel also requested the Officer to submit questions to the UK Department for Transport which would form part of the evidence gathering for the review.

NH

NH NH

5. Panel visit to Westminster

The Panel discussed a possible visit to Westminster in early 2019. The Officer was requested to circulate possible available dates once available.

NH

6. Future Meetings

It was noted that the Panel's next scheduled meeting would take place on Tuesday 30th October 2018 at 09:30 in the Le Capelain Room, States Building.

 

Present

Connétable Mike Jackson , Chairman Connétable John Le Maistre, Vice-Chairman Connétable Sadie Le Sueur -Rennard

Apologies

Deputy Kirsten Morel

Absent

 

In attendance

Miss Nikita Hall , Scrutiny Officer

 

Agenda matter

Action

1. Record of Meetings

The Panel approved the records of the meetings held on 12th and 16th October 2018.

 

2. Reducing Use of Plastics in Jersey

The Officer advised that a visit to Jayplas recycling plant in the UK was confirmed for Thursday 22nd November 2018. The Panel was advised that there were two sites to visit, one of which was the plastic bottle sortation facility that received Jersey's plastic bottles. The Officer was awaiting a more detailed itinerary from Jayplas and would confirm this, as well as the final travel arrangements, once booked.

NH

3. Vehicle Road Worthiness Testing: Jersey and the Vienna Convention on Road Traffic

The Panel discussed the lodging of the draft amendment to P.109/2018 and the Officer updated the Panel that the draft would be ready to lodge before the deadline of Tuesday 6th November 2018. It was agreed that the changes made to the draft amendment  would  be  communicated  to  the  Growth,  Housing  and  Environment Department prior to lodging.

The Panel prepared its questioning strategy for the upcoming hearings with the Minister for Infrastructure and the Jersey Motor Trades Federation.

 

4. P104/2018 – The importation of waste for treatment in the Jersey Energy from Waste plant

The Panel briefly discussed the above and whether it should present Comments to the Assembly prior to the debate. It was noted that the timescale for doing so was very short and it was agreed that the Chairman would circulate his thoughts to the Panel via email as soon as possible.

MJ

5. Future Meetings

It was noted that the Panel's next scheduled meeting would take place on Tuesday 13th November 2018 at 09:30. The venue was to be confirmed.

 

Meeting held by electronic mail

Date: 2nd November 2018

 

Present

Connétable Mike Jackson , Chairman Connétable John Le Maistre, Vice-Chairman Connétable Sadie Le Sueur -Rennard Deputy Kirsten Morel

Apologies

 

Absent

 

In attendance

Miss Nikita Hall , Scrutiny Officer

 

Agenda matter

Action

1.  P.109/2018   Draft  Road  Traffic  and  Vehicles  (Vienna  Convention – Miscellaneous Amendments) (Jersey) Regulations 201-.

The Panel noted and approved its Amendment to P.109/2018

 

Date: 13th November 2018

 

Present

Connétable Mike Jackson , Chairman Connétable John Le Maistre, Vice-Chairman Deputy Kirsten Morel

Apologies

Connétable Sadie Le Sueur -Rennard

Absent

 

In attendance

Miss Nikita Hall , Scrutiny Officer

 

Agenda matter

Action

1. Record of Meetings

The Panel approved the record of the meeting held on 30th October 2018.

 

2. Reducing Use of Plastics in Jersey

The Officer advised that a visit to Jayplas recycling plant in the UK was confirmed for Thursday 22nd November 2018 but was still awaiting a more detailed itinerary from Jayplas and would forward this on once available.

The Panel had also requested for the Officer to arrange a visit to the St Helier Recycling Depot. The Officer confirmed this had been arranged for 27th November 2018.

The Officer also advised that report drafting was underway.

NH

3. Vehicle Road Worthiness Testing: Jersey and the Vienna Convention on Road Traffic

The Panel considered a draft Comments paper. The Officer was requested to make some additions to the content and to re-circulate the draft the following day.

NH

4. Bus fares

The Chairman briefed the rest of the Panel on an informal meeting that was held with the Officers of the Department for Growth, Housing and Environment and the CEO of HCT Group (parent company of Liberty Bus). The purpose of the meeting was to learn more about the contract between the States of Jersey and HCT Group, as well as to establish what the Group's future plans were, particularly for the possibility of a through-fare and to find out how charitable donations are dealt with.

The Panel discussed the reinvestment from the bus operator's profits back into Jersey's infrastructure and whether this was ring-fenced or not. The Panel also thought it would be useful to understand whether bus travel was increasing because Jersey's  population  was  increasing  or  whether  there  was  a  direct  correlation between bus travel increasing and car travel decreasing. It was agreed that these would be included as further lines of questioning at the next hearing.

 

 

5. Quarterly Hearing with the Minister for the Environment

The Panel reviewed a previously prepared question plan and discussed the Panel's questioning strategy.

 

6. Review topic suggestions from members of the public

The Panel considered the following review topics which had been suggested by members of the public:

Jersey  Property  Holdings  Foreshore  Compensation  Claims  Policy   After raising this as a question at the previous Quarterly Hearing with the Minister for Infrastructure, the Panel felt it would benefit from a further briefing on the matter. The Officer was requested to arrange a briefing for the Panel.

Abattoir  Service   After  raising  this  with  the  Minister  for  Infrastructure  at  the previous  Quarterly  Hearing  with  the  Minister  for  Infrastructure,  the  Panel  was satisfied that a review on this matter was not required at this time.

NH NH

7. Work programme

The Panel briefly discussed other topics of interest for future reviews. It was decided that  a  review  on  soil  quality  in  Jersey  should  be  placed  on  the  future  work programme.

The Panel also discussed how a review on social housing rent policy would fit within its remit, particularly if reviewing the policy of a States owned but arm's length organization. The Officer was requested to look into this and report back to the Panel.

NH

8. Future Meetings

It was noted that the Panel's next scheduled meeting would take place on Tuesday 27th November 2018 at 09:30 in the Le Capelain Room, States Building.

 

Meeting held by electronic mail

Date: 16th November 2018

 

Present

Connétable Mike Jackson , Chairman Connétable John Le Maistre, Vice-Chairman Connétable Sadie Le Sueur -Rennard Deputy Kirsten Morel

Apologies

 

Absent

 

In attendance

Miss Nikita Hall , Scrutiny Officer

 

Agenda matter

Action

1.  P.109/2018   Draft  Road  Traffic  and  Vehicles  (Vienna  Convention – Miscellaneous Amendments) (Jersey) Regulations 201-.

The Panel approved its final Comments on P.109/2018

 

Date: 22nd November 2018

 

Present

Connétable Mike Jackson , Chairman Connétable John Le Maistre, Vice-Chairman

Apologies

Connétable Sadie Le Sueur -Rennard Deputy Kirsten Morel

Absent

 

In attendance

Miss Nikita Hall , Scrutiny Officer

Mr Ryan Moulten, Site Manager – Plastic Recovery Facility, Jayplas [item 1 only]

Mr Jason Davies, Director PET Division, Jayplas [item 2 only]

 

Agenda matter

Action

1. Site visit to Jayplas Plastic Recovery Facility

The Panel was given a tour of the facility by the Site Manager who advised that they received Jersey's plastic bottles from Abbey Waste Ltd in packed bales every 5-6 weeks via freight service. The waste consisted of the higher grades of plastic: Polyethylene Terephthalate (PET) and High-Density Polyethylene (HDPE) and was sourced from domestic waste. It was noted that of the current plastic waste sent for recycling,  this  did  not  include  commercial  waste. Whilst  the  higher  grades  of domestic plastic waste were recycled, the Panel was advised that any unsuitable, lower grades of plastic were separated from the bales and sent for incineration. Unusable, residual waste such as the paper on the bottles was thought to be under 10% and this too went to Energy from Waste plants in the UK for incineration.

The Panel was informed that there were currently strong financial penalties in the UK for incorrect disposal of waste and that regular enforcement checks were carried out on the household waste bins left out for collection.

The Panel was advised that Jayplas now collected and re-processed the bottle lids, as well as pots, tubs and trays made from higher grade plastic. The bottles lids were able to be re-processed to make wheelie bins.

 

2. Site visit to Jayplas PET Wash and Compounding Facility

The Panel was given a tour of the next facility by the Director or Jayplas PET Division. The  Panel  learnt  that  once  they  arrived  the  pre-sorted  bales  were unpacked and underwent a hot wash at 85 degrees centigrade. Any paper label residue was removed and the plastic was then crushed into small flakes and fed into a  machine  to  make  sheets  of  newly  recycled  plastic. The  sheets  were  then distributed to another contractor for casting into molds to make various types of recycled plastic packaging.

The Director of PET Division advised the Panel that they sourced plastic waste from a range of different countries and that they saw a difference in the quality of the grades of plastics between countries which operated a bottle deposit scheme and those which did not. Primarily that there was much lower quality of plastic from those

 

 

which did operate such a scheme, compared with those (such as Jersey) which did not. It was also more costly for them to buy plastic bottles that had been collected via a bottle deposit scheme. It was discussed that Jersey perhaps did not benefit from the economies of scale (in terms of the volume of plastic bottles) to be able to run a deposit scheme as efficiently as other countries.

 

Date: 27th November 2018

 

Present

Connétable Mike Jackson , Chairman Connétable John Le Maistre, Vice-Chairman Connétable Sadie Le Sueur -Rennard Deputy Kirsten Morel

Apologies

 

Absent

 

In attendance

Miss Nikita Hall , Scrutiny Officer

Ms Debra D'Orleans, Director – Municipal Services, Parish of St. Helier [item 5 only]

 

Agenda matter

Action

1. Record of Meetings

The Panel approved the records of the meetings held on 2nd and 13th November 2018.

 

2. Reducing Use of Plastics in Jersey

The Chairman updated the Panel on the information he and the Vice-Chairman gathered  on  their  fact  finding  visit  to  Jayplas  recycling  plant  in  the  UK. The Chairman advised that he felt the visit was extremely informative and worthwhile. The Panel requested the Officer to arrange a further fact-finding visit to Abbey Waste's depot in Jersey which was where the plastic was packed into bales, prior to shipping to the UK.

The Officer advised the Panel that report drafting was progressing.

NH

3. Vehicle Road Worthiness Testing: Jersey and the Vienna Convention on Road Traffic

The  Panel  noted  that  there  was  no  formal  structure  for  the  monitoring  of recommendations made in Comments and therefore considered how they would approach this for their recent Comments to P.109/2018.

It was agreed that a letter should be sent to the Minister for Infrastructure, formally outlining  the  Panel's  recommendations  and  requesting  that  the  Panel  be  kept apprised of any future developments, in particular with the procurement process. The Officer was requested to prepare a draft letter for the Chairman's approval.

NH

4. Work programme

The Panel discussed its ongoing work programme. It was noted that the Public Health and Safety (Rented Dwellings) Regulations was due to be made available to the Panel in December 2018 or January 2019. The Department for Growth, Housing and Environment had asked in email correspondence whether the Panel wished to review the regulations at the same time as the public consultation or afterwards. After some discussion, the Panel agreed that it should review the proposals after the

 

 

Department had carried out its public consultation. The Officer was request to relay its decision back to the Department.

The  Panel  also  discussed  the  possibility  of  reviewing  the  Affordable  Housing Gateway and requested that the Officer chase the Department as to when the report from the recent Independent Review would be made available.

Other  areas  of  interest  for  possible  review  were  discussed  such  as  highway maintenance and the quality of Jersey's soil. The Officer was requested to arrange briefings from the Department on both these topic areas in early 2019. The Officer was also requested to contact a soil expert to arrange an informal meeting with the Panel.

Limits on fisheries had previously been an area of interest for the Panel to review, although the Panel decided it would be prudent to await the outcome of Brexit in March 2019 before progressing with this.

The Panel also expressed an interest in looking into concerns around the lack of appropriate  budget  funding  for  the  Environment  division  of  the  Department  for Growth, Housing and Environment. In addition, to look into how water testing and compensation  was  applied  to  residents  affected  by  the  historic  chemical contamination of water supply by the perfluorooctane sulphonate (PFOS) chemical found in fire-fighting foam from Jersey Airport.

NH NH

NH

5. Visit to Parish of St. Helier Recycling Depot

The Panel was given a tour of the Depot by the Director of Municipal Services. The purpose of the visit was to investigate how the Parish of St. Helier recycled plastic waste. The Panel learnt that the Parish collected both commercial and domestic plastic waste. In particular, Polyethylene Terephthalate (PET) and High-Density Polyethylene (HDPE) grade plastic bottles. The Panel also learnt that waste was dealt with differently to other parishes. Of the plastic waste collected from kerb side collections carried out in other parishes and at bring back stations, this was exported to the UK, whereas the Parish of St. Helier exported its plastic waste to a contractor in France. It was also noted that the Parish of St. Helier requested parishioners to leave lids on the plastic bottles, whereas the advice given from the Department for Growth, Housing and Environment to the rest of islanders who recycled plastic was to remove the bottle tops.

The Depot had 5 part time staff and did not operate on the basis of producing a profit from the recycling initiative.

The Panel was also informed that around 28% of parishioners in St. Helier chose to recycle (domestic, not including commercial).

 

6. Future Meetings

It was noted that the Panel's next scheduled meeting would take place on Tuesday 11th December 2018 at 09:30 in the Le Capelain Room, States Building.

 

Date: 11th December 2018

 

Present

Connétable Mike Jackson , Chairman Connétable John Le Maistre, Vice-Chairman Deputy Kirsten Morel

Apologies

Connétable Sadie Le Sueur -Rennard

Absent

 

In attendance

Miss Nikita Hall , Scrutiny Officer

 

Agenda matter

Action

1. Record of Meetings

The  Panel  approved  the  records  of  the  meetings  held  on  16th,  22nd  and  27th November 2018.

 

2. Reducing Use of Plastics in Jersey

The Panel considered a first draft of the report and discussed some amendments / additions. It was agreed that the Officer would make these amendments once Deputy Morel had forwarded his further comments by email.

The Panel also considered the timeline for publication of the report, the Officer advised that the factual checking process could take up to five working days once the Panel had agreed the first draft. It was agreed to continue with the report amendments / approval process over the course of the next week and to work on the basis of publishing the final report in the New Year.

KM / NH

3. Vehicle Road Worthiness Testing: Jersey and the Vienna Convention on Road Traffic

It was noted that the Panel's letter had been sent to the Minister for Infrastructure, formally outlining the Panel's recommendations and requesting that the Panel be kept  apprised  of  any  future  developments,  in  particular  with  the  procurement process. The Officer would advise the Panel once a response was received.

NH

4. Work programme

The Panel discussed its ongoing work programme. It was noted that the Department for Growth, Housing and Environment was due to hold a public consultation on the Public Health and Safety (Rented Dwellings) Regulations in January 2019, with a view to the Panel reviewing this in February 2019.

It was noted that the report on the independent review of the Affordable Housing Gateway would not be available until January 2019. The Objectively Assessed Housing Needs Report was also due to be published around the same time.

The Panel had received concerns from a member of the public and the Jersey Fishermen's  Association  regarding  the  Minister's  decision  to  re-introduce commercial netting for bass. The Panel considered whether this should be reviewed

 

Date: 12th December 2018

 

Present

Connétable Mike Jackson , Chairman Connétable John Le Maistre, Vice-Chairman Connétable Sadie Le Sueur -Rennard

Apologies

Deputy Kirsten Morel

Absent

 

In attendance

Miss Nikita Hall , Scrutiny Officer

Mr Michael Grime, Managing Director – Guernsey Recycling Group Mr Alan Crowe, Chairman – Guernsey Recycling Group

 

Agenda matter

Action

1. Panel Visit to Abbey Waste Ltd

The Panel visited the Abbey Waste facility at Rue des Pres Trading Estate, St. Saviour , Jersey. The purpose of the visit was to find out how Jersey's plastic bottles were prepared before they were shipped to the UK Plant – Jayplas - for recycling.

The Panel was given a tour of the depot and outside yard and advised that the plastic received for recycling was checked to assess whether it was the right quality i.e.  Polyethylene  Terephthalate  (PET)  and  Higher  Density  Polyethylene  (HDPE) grade plastics. The mixed PET and HDPE plastic was then baled and loaded ready for shipping to the UK. Whilst touring the facility the Panel discussed Jersey's recycling rate and how it was calculated. Mr Grime advised that Abbey Waste was able to weigh the plastic received for recycling by tonnage and the Department for Growth, Housing and Environment used this figure to compare with how much identified plastic waste entered the general waste stream for incineration.

The Panel was advised that the Abbey Waste facilities had capacity to cater for recycling more plastic if recycling uptake increased and they were also able to cater for PP grade plastics by working with their UK recycling partner – Jayplas.

Policy mechanisms for charging householders more for black bags than for recycling bags was discussed as a way to further incentivize recycling habits.

The Panel was advised that Guernsey currently recycled its Tetrapak milk cartons. It was noted that the Panel had been advised by the Department that it was not possible for Jersey to do so at this time.

Mr Crowe invited the Panel to Guernsey to see first-hand how Guernsey's recycling worked. The Officer was requested to liaise with Mr Grime to arrange a suitable date in the New Year.

NH

 

and decided that a briefing should be held with all parties, including the Department, in order to better understand the situation. The Officer was requested to liaise with all the parties with a view to arranging individual briefings for 8th January 2019.

NH

5. Future Meetings

It was noted that the Panel's next scheduled meeting would take place on Tuesday 8th January 2019 at 09:30 in the Le Capelain Room, States Building.