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Environment, Housing and Infrastructure Scrutiny Panel
Records of Meetings
Year: 2019
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: 8th January 2019
Present | Connétable Mike Jackson , Chairman Connétable John Le Maistre, Vice-Chairman Connétable Sadie Le Sueur -Rennard Deputy Kirsten Morel |
Apologies |
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Absent |
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In attendance | Mr Don Thompson, President, Jersey Fishermen's Association [item 2 only] Mr Derek Buesnel, Recreational Fisherman [item 3 only] Mr Willie Peggie, Director of Natural Environment, Growth, Housing and Environment Department [item 4 only] Mr Greg Morel , Director of Marine Resources, Growth, Housing and Environment Department [item 4 only] Mr Francis Binney, Marine Scientist, Growth, Housing and Environment Department [item 4 only] Miss Nikita Hall , Scrutiny Officer |
Agenda matter | Action |
1. Record of Meetings The Panel approved the records of the meetings held on 11th and 12th December 2018. |
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2. Informal meeting with Jersey Fishermen's Association The President of the Jersey Fishermen's Association (JFA) had requested a meeting with the Panel to discuss concerns over fisheries management decisions and a request to the Scrutiny Panel to review the current fisheries management regime. The reason for the JFA's request for Scrutiny to review this was largely a result of catch figures on primary stocks, which at the present time were in rapid decline due to fishermen being forced onto one or two critical stocks. Mr Thompson explained that this was a result of the way in which Jersey's government adopted EU regulations (banning fishermen from catching many local finfish stocks) rather than developing workable "local measures". The request also asked the Panel to look at the Fisheries Management Agreement (FMA) with the UK as that was deemed by the JFA as the source of the issue of having to adopt EU regulations. In addition, the JFA asked the Panel whether a review could assist with restructuring what was felt was a largely dysfunctional, but very important, Marine Resources Panel, with the suggestion to appoint an independent chairperson. The Panel was advised that Jersey currently had 165 licensed fishing vessels, approximately 70 of which represented JFA membership and the entire full time sector. Jersey also had 12 territorial miles of sea. |
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Concerns raised by the JFA were that the current FMA with the UK was particularly discriminatory towards Jersey and required review as it left Jersey Fishermen with little access to many finfish species which were prevalent in Jersey waters. It was explained that this had a knock on effect with pushing fishermen to target lobster and crab, which was having negative effects on stock levels. Mr Thompson explained that the fishing industry was a heavily regulated one, but one which operated self- sufficiently, with little to no government support or funding. However, access to fish stocks was becoming a more prevalent issue for the industry, with increased regulation and with many Jersey measures which were considered by the JFA to be over and above the requirements of many EU regulations. Mr Thompson advised that there was a ban on bass fishing during the months of February and March as this was spawning season for the species, however current catch limits placed on fishermen at other times of the year was not considered to be sustainable for the industry. It was noted that there were currently 10 commercial fishermen licensed to fish bass. It was also noted that the minimum size limits for catches had recently increased from 36mm to 42mm, to ensure that the species has adequate time to mature. Mr Thompson raised concerns surrounding the Marine Resources Panel and it was felt by the JFA that it was not independent as it was chaired by a Government Official. It was felt that the Chairman of the Panel should be an independent party as they represented all stakeholders on the Panel and should hold the Minister for the Environment and Government Departments accountable for decisions made. Mr Thompson went on to explain that information/evidence gathered on fish stocks in Jersey was not being adequately communicated with the UK Government, resulting in regulations being imposed that were considered not relevant in some cases for Jersey waters, which saw an abundance of some species. Mr Thompson gave one example of the regulatory ban on ray fishing to recover stocks, although at the current time, rays were known to be considerably prevalent in Jersey waters. The Granville Bay Treaty with France was also discussed and Mr Thompson advised the Treaty in its current form heavily favoured French fishermen and should be reviewed to ensure a more balanced equilibrium between Jersey and France in respect of fisheries matters. Mr Thompson explained that the Treaty provided very little access for Jersey Fishermen to access French waters and those which it did were of very little use. It was noted that the wording of the Treaty included a clause to review the Treaty at 5 and 10 years but some 18 years after the Treaty's adoption, a review had not yet taken place. The Panel thanked Mr Thompson for his time and advised it would consider whether or not to undertake a review on these matters once it had concluded its meetings/briefings and was fully informed on the matter. |
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3. Informal meeting with Derek Buesnel Mr Buesnel introduced himself as a recreational fisherman and not affiliated with any group or association. He had been a member of the Marine Resources Panel previously but had resigned from the Panel in January 2018 over concerns that the Panel was no longer serving its purpose and that its membership was not adequately representative of all marine organisations. Mr Buesnel further advised that his resignation was triggered by the way the issue of proposed bag limits for recreational fishermen for most species was handled. |
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Mr Buesnel provided the Panel with a datasheet of bass catch data that he had recorded from 2012 – 2018. It was noted that he was unable to compare this with data from commercial catches as this was not publically available. Mr Buesnel discussed his concerns over the reintroduction of netting for bass fishing and considered that hook and line fishing was a more sustainable method with undersized fish being able to be put back into the water alive. Furthermore, whilst some evidence showed that the bass stock was recovering, Mr Buesnel considered it should be given more than 2 years to see a full recovery and only at full recovery consider the reintroduction of netting. Mr Buesnel further stressed that now that hook and line fishery was in place, this method should remain and a return to targeted netting should be avoided as to not take a step backward at the first sign of a possible recovery. In regard to the Marine Resources Department's proposal regarding recreational bag limits, the proposal had stated that it would liberate stock for the commercial fishery.' Mr Buesnel commented that the primary focus should be on the conservation of all marine species and not to benefit the commercial sector. Mr Buesnel also advised that Jersey's reintroduction of netting appeared out of kilter with the rest of Europe. Mr Buesnel also advised there were other arguments for not reintroducing netting 1) reports of a large number of gannet deaths which were attributed to plastics from the fishing industry making their way into the birds' nests and 2) to reduce the amount of plastic netting that was abandoned at sea. Furthermore Mr Buesnel considered that it could be likely that the reason the ray species had recovered was due to the previous removal of nets for bass fishing, although this was anecdotal and not scientifically proven. |
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4. Department Briefing: Marine Resources Department on the Reintroduction of Netting for Bass Fishing The Acting Director - Marine Resources gave an overview of the Granville Bay Agreement and explained that it was a bilateral agreement and therefore should not be compromised by the UK's exit from the EU in March 2019. Although it was accepted that the repercussions of a hard Brexit would likely have some impact on Jersey's trading relationship with France, the extent of this would not be known until after Brexit. The Panel was advised that the Agreement was in the process of review, however engagement was lower on the French side as their desire was to maintain the status quo and not make any changes to the Agreement. It was discussed that there was currently an inequitable balance and the Treaty in its current form was of greater advantage to the French fleet. Despite this, work was still being carried out to review various aspects of the Treaty, albeit at a slow pace. In regard to the Marine Resources Panel, The Director of Natural Environment advised that it currently met every quarter and it was planned to further formalise and apply more defined Terms of Reference. The Panel raised the concerns that it was felt that as the Director of Natural Environment was Chairman of the Panel, it was not as independent as perhaps it should be. The Director of Natural Environment said he had no problem with there being an independent Chair for the Panel. It was discussed that whilst the Marine Resources Panel have formal meetings with an agenda and minutes, these were not available on www.gov.je. The Director of Marine Resources advised that Minutes had been previously available on the website up until 2015, however, a decision was made by the central website team that these pages should no longer be uploaded as they were not receiving any |
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hits. The Panel expressed its dissatisfaction that this was the reason the Minutes were not made publically available on the website and that this should be rectified with immediate effect to promote greater transparency and to make documents such as this easy to find, should individuals wish to look them up easily in the future. The Director of Marine Resources advised that he would do what he could to ensure these were uploaded as soon as possible. In regard to the Fisheries Management Agreement between Jersey and the UK, the Panel was advised that at the time of this agreement in 1997, Jersey's territorial waters were extended from 3 to 12 miles (before this time they had been British Fishery Limits by law). The Panel was advised that this agreement did not strike an equal balance between the UK and Jersey and required updating to reflect the current relationship with the UK. It was discussed as to whether an agreement was, in fact, needed at all. The Director of Marine Resources advised that without an agreement, whilst it would give Jersey more freedom to a certain degree, there were other considerations, such as an increased cost to Jersey's government in regard to the assessment of marine stock. Jersey also currently relied on the use of UK satellites data, which enables remote monitoring of fishing vessels.. The Panel was advised that the rationale to reintroduce netting for bass fishing was to provide an opportunity to gather additional data to assess the state of the stock and due to netting being the preferred method by commercial fishermen (as opposed to hook and line) as the netting enabled a more varied catch. In response to the question of whether there would be an increase in the weight of catch permitted under the current licensing regime, The Marine Scientist advised the Panel that there were 10 permits for bass fishing and that once these fishermen reached closer to the 1 tonne catch limit for bass then the decision would be reviewed. It was noted that currently catches were not close to the limit. The Panel asked whether the Department considered any measures to promote the diversity of fish stocks and stimulate the supply and demand of different types of marine stock into the market. The Panel was advised that this would be more in line with the remit of the Minister for Economic Development, whereas the Minister for the Environment was primarily responsible for managing fish stocks and regulation. | GM |
5. Reducing Use of Plastics in Jersey The Panel noted that it was due to visit the Guernsey Recycling Group on 14th January 2019, after which time any relevant information gathered would be incorporated into the report. The Panel agreed to finalise the report at the next Panel meeting. |
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6. Vehicle Road Worthiness Testing: Jersey and the Vienna Convention on Road Traffic The Panel noted a response from the Minister for Infrastructure on the recommendations made by the Panel in Comments to P.109/2018. The Panel agreed to follow up with further questions at the next Quarterly Hearing with the Minister at the end of January. In particular, the Panel noted it was unclear what was happening with the implementation of International Driving Permits (IDPs) prior to the UK exiting the EU in March 2019. |
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7. Work programme The Panel discussed its ongoing work programme. It was noted that the Department |
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for Growth, Housing and Environment was due to hold a public consultation on the Public Health and Safety (Rented Dwellings) Regulations in January 2019, after which time the Regulations, along with the findings from the consultation would be passed to the Panel for review. It was noted that the report on the independent review of the Affordable Housing Gateway was not yet available. The Panel requested the Officer to follow this up and, if not published imminently, to request a copy of the draft report in confidence. It was noted that briefings had been scheduled with the Department for Growth, Housing and Environment on both soil quality and Jersey Property Holdings foreshore compensation claims. The Panel would decide after these briefings whether these topic areas would be further scoped for review. The Panel noted that in relation to soil quality, a recent e-petition had been initiated calling for a ban on weed killers containing glyphosates, such as Round-up'. The Panel discussed the upcoming proposition: P.146/2018: Andium Homes: authorisation of loan to develop the Ann Court site. The Officer was requested to investigate whether Jersey Property Holdings had any involvement with the site and if so, to provide a briefing to the Panel. The Officer advised that a briefing on Highway Maintenance was also due to be scheduled for early Spring. | NH NH |
8. Future Meetings It was noted that the Panel's next scheduled meeting would take place on Tuesday 22nd January 2019 at 09:30 in the Le Capelain Room, States Building. |
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Date: 14th January 2019
Present | Connétable Mike Jackson , Chairman Connétable John Le Maistre, Vice-Chairman Connétable Sadie Le Sueur -Rennard Deputy Kirsten Morel |
Apologies |
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Absent |
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In attendance | Mr Michael Grime, Managing Director, Guernsey Recycling Group Mr Alan Crowe, Chairman, Guernsey Recycling Group Miss Nikita Hall , Scrutiny Officer |
Agenda matter | Action |
1. Panel Visit to Guernsey Recycling Group The Panel visited Guernsey for a tour of recycling facilities operated by the Guernsey Recycling Group. The purpose of the visit was to gain greater insight and for the Panel to witness firsthand how Guernsey recycled its waste. The first facility on the tour was Island Waste' a dirty' Materials Recovery Facility (MRF) where predominantly commercial mixed waste was sorted into recovered waste and recyclables. It was noted that Guernsey no longer sent its waste to landfill – with exception to hazardous materials, such as asbestos. It was further noted that from 1st February 2019 there would be a general waste bag charge of £1.40 per bag up to 50 litres and £2.50 per bag up to 90 litres. This was in addition to an annual charge to all households of £85. There was no charge for the recycling bags placed out for collection as the intention behind the new charging system was to incentivise recycling. Guernsey was also introducing fixed penalty fines of £60 for anyone who attempted to avoid paying the new charges, as well as fines of £20,000 and a criminal conviction for anyone found guilty of fly tipping. The second visit on the tour was Mayside Recycling' a clean' MRF which carried out the sorting of recyclable waste into the various categories (paper, cardboard, aluminum, plastic etc.) It was noted that both plastic bottles and aluminum cans were collected in the same blue bag as it was easy to separate the two mechanically using a magnet. The Panel learnt that once sorted and baled, the various materials were then loaded as ferry cargo and sent to the UK for recycling. The Panel noted that Guernsey was able to source a recycling route for tetrapak milk cartons, which currently was not the case in Jersey. The third visit on the tour was of the metal scrap yard which sorted and crushed desirable metals such as steel, aluminum, and copper etc. The sorted, crushed metal was then sent for recycling in the UK as Guernsey did not produce the volume of these materials to invest in the necessary infrastructure and machinery to recycle this itself. The Panel concluded that the trip was a worthwhile exercise and demonstrated that there was much more which Jersey could / should be doing in terms of recycling. |
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Date: 22ndJanuary 2019
Present | Connétable Mike Jackson , Chairman Deputy Kirsten Morel |
Apologies | Connétable Sadie Le Sueur -Rennard Connétable John Le Maistre, Vice-Chairman |
Absent |
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In attendance | Deputy Kevin Lewis , Minister for Infrastructure [items 2-4 only] Deputy Hugh Raymond, Assistant Minister for Infrastructure [items 2-4 only] Mr Chris Sampson, Director of Engineering and Infrastructure, Growth Housing and Environment [items 2 and 3 only] Mr Oliver Brewster, Project Manager, Growth, Housing and Environment [item 2 only] Mr Philip Ahier , Principal Property Manager, Jersey Property Holdings [item 4 only] Mr Sinclair Forrest, Estates Surveyor, Jersey Property Holdings [item 4 only] Advocate Sylvia Roberts, Director of the Civil Division, Law Officers' Department [item 4 only] Miss Nikita Hall , Scrutiny Officer |
Agenda matter | Action |
1. Record of Meetings The Panel approved the record of the meeting held on 8th January 2019. |
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2. Briefing: Liberation 75 Project The Director of Engineering and Infrastructure gave an overview of the Liberation 75 Project advising that it was a project to join the Weighbridge and Liberation Square together as one large pedestrian public space. The project was in-keeping with the Island Plan and had been in the pipeline for approximately ten years but up until this point there had been no funding available for the project. The Panel was advised that one of the main drivers was completion of the project in time for the 75th anniversary of Jersey's Liberation. Funding had been secured and it was now approved as a Capital Project. The Panel was advised that the anticipated timescale was for a planning application to be made by the end of February 2019, followed by tender procurement, with a view to the build commencing in September and completed by March 2020. Officers showed the Panel the prospective design plans. It was noted that the design would involve a permanent road closure. It was further noted that there was not sufficient time to carry out a full public consultation, however there was engagement happening with the key stakeholders. The Panel expressed significant concerns around the lack of public consultation, as well as concerns around lack of detail in terms of the potential effects on traffic and pedestrian use in the area. |
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The Panel also expressed concerns surrounding the funding. The Panel was concerned that there was a discrepancy with what the original allocated funds of two million from the budget had been spent on. Furthermore, it was noted that the funding had increased to three million and was being facilitated by Jersey Development Company. Officers advised the Panel that it was not known what the original allocated funding had been spent on and that Treasury would be able to advise on this. The Panel requested to see all correspondence relating to the funding of the project. Officers also invited the Panel to view the traffic model. It was agreed that a date would be arranged for this. | CS/OB |
3. Briefing: Ann Court Site The purpose of the briefing was for the Panel to understand Jersey Property Holdings' involvement with the Ann Court site. The Panel was given a short overview of the history of the site. The site was originally passed from the former Housing Department to Jersey Property Holdings, after the demolition of the social housing units. Originally, the intended plan for the site was for it to be used for car parking. However, it was subsequently decided by the States to retain the site for social housing use. The Panel was advised that the ground conditions were poor and it was a difficult site to work on. It had been used as a temporary parking site for 6-7 years. The Panel was advised that Jersey Homes Trust had previously pulled out of the scheme as the financial risk for building new homes on the site was seen as too great. It was then decided the site should be transferred to Andium Homes for development. Andium Homes had engaged a design team and the current plans incorporated both public parking and housing into the site. It was noted that Andium Homes currently owned the land, so if it was to be used as States' land it would need to be transferred back. |
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4. Briefing: Jersey Property Holdings Foreshore Encroachment Compensation Claims The purpose of the briefing was to understand what work was being carried out to review Jersey Property Holdings' (JPH) current policies in respect of Foreshore Encroachment Compensation, following the findings of the States of Jersey Complaints Board. Officers advised the Panel that clarifying the land side boundary was the key issue and main recommendation of the Complaints Board. It was noted that this was a complex and time consuming exercise, as the customary position was that the upper extent of the foreshore was the point reached by the full spring tide, which was now generally reclaimed land behind seawalls. Officers advised that work was being undertaken researching property contracts, site visits, as well as studying historic sea wall drawings. The Panel was advised that the first stretch of the foreshore landside boundary research completed to date covered 22 properties, approximately half of which merited further investigation in respect of possible encroachments. It was noted that JPH were hoping to have all research completed by end of 2019, though this was time intensive for the reasons set out above. In answer to a specific question, it was stated by the Officers that it was not believed that anyone had successfully challenged the customary position of the upper limit of the foreshore where it was reclaimed behind a seawall. Officers advised the Panel that they were |
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appreciative of the fact that people affected by these encroachments wanted certainty. Officers advised that in accordance with the statement made at the Complaints Board, it was open to any land owner to approach JPH to discuss the position in relation to their own property. Officers advised that this has happened on two occasions since the Review Panel. Officers further advised the Panel that they were taking a more proactive approach and that they would be modifying some of their procedures as a result of this work. It was noted that historically some conveyancing contracts had been vague in their description of the boundary towards the foreshore and this had led to uncertainty in respect of the boundary in a number of cases. The Panel agreed to defer a decision on whether it wished to carry out a review on JPH's policies until the next Panel meeting, in order to have input from other Panel Members. |
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5. Reducing Use of Plastics in Jersey Review The Panel discussed the Panel's visit to Guernsey Recycling Group. It was noted that Guernsey had a good recycling model that appeared to work very well. The Panel discussed a second draft of the report and agreed to send the draft to all stakeholders for factual checking. It was agreed to discuss any feedback and agree recommendations at the next meeting. |
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6. Quarterly Hearing with the Minister for Infrastructure The Panel discussed and approved the question plan for the upcoming hearing. |
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7. Glyphosates / Soil Quality The Panel agreed to defer this item to the next Panel meeting in order to have input from other Panel Members. |
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8. Work programme The Panel discussed its upcoming work programme including potential review topics such as soil quality, highway maintenance and fisheries. It was noted that the Panel was due to receive upcoming briefings on soil quality and highway maintenance. The Panel noted that the Draft Public Health and Safety Licensing Regulations had not yet been made available to the Panel. It was noted that the Department was due to be carrying out a public consultation prior to lodging the Regulations. The Officer was requested to request an update from the Department for Growth, Housing and Environment. | NH |
9. Future Meetings It was noted that the Panel's next scheduled meeting would take place on Tuesday 5th February 2019 at 09:30 in the Le Capelain Room, States Building. |
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Environment, Housing and Infrastructure Scrutiny Panel
Record of Meeting
Date: 5th February 2019
Present | Connétable Mike Jackson , Chairman Connétable Sadie Le Sueur -Rennard Deputy Kirsten Morel |
Apologies | Connétable John Le Maistre, Vice-Chairman |
Absent |
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In attendance | Mr Willie Peggie, Director, Natural Environment, Growth, Housing and Environment [item 2 only] Dr Louise Magris, Director of Environmental Policy, Strategic Policy, Performance and Population [item 2 only] Mr Scott Meadows, Assistant Director, Rural Economy, Growth, Housing and Environment [item 2 only] Senator Sam Mézec , Minister for Children and Housing [item 3 only] Mr Jack Norris, Policy Principal, Strategic Policy, Performance and Population [item 3 only] Mr Richard Jouault, Assistant Director, Social Policy, Strategic Policy, Performance and Population [item 3 only] Miss Nikita Hall , Scrutiny Officer |
Agenda matter | Action |
1. Record of Meetings The Panel approved the records of the meetings held on 14th and 22nd January 2019. |
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2. Briefing: Soil Quality The Panel received a briefing from Officers of the Department for Growth, Housing and Environment on Jersey's soil health. The purpose of the briefing was for the Panel to gain greater insight into soil health and the monitoring practices of the Department. The Assistant Director of Rural Economy gave a short PowerPoint presentation on Jersey's soil health, including the Department's monitoring practice. It was explained to the Panel that LEAF (Linking Environment and Farming) Marque Audit Global accreditation was utilised by the Department and that an independent analysis of LEAF Sustainable Farming Review was carried out in 2018. It was further explained to the Panel that soil analysis was generally okay, although there was opportunity to improve. Officers advised that an advisor from Cranfield University was due to visit the Island on 27th and 28th February 2019, to assist the Department with developing a project brief which would incorporate scientifically robust methods of soil monitoring. The Panel raised concerns about some agricultural land being overstocked' with farm animals and that this was working against sustainable soil health. Furthermore, that there was nothing in place to disincentivise farmers from overstocking the land. |
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The Panel asked how LEAF accreditation worked for both small and large scale agricultural smallholders. The Panel was advised that there was degree of variation of small scale and large scale smallholders and that added there was an additional government subsidy to incentivize small scale smallholders to attain LEAF accreditation. The Panel asked what plans there were for promoting the diversification of crops. The Assistant Director, Rural Economy advised that that there was an Alternative Crop Strategy which sat within Rural Economy Strategy. The Panel agreed it would discuss at a future meeting whether or not it would scope this topic for a review. |
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3. Briefing: Objective Assessment of Housing Need Report (OAHNR) The Panel received a short briefing on the recently published OAHNR which had been commissioned by the Strategic Housing Unit with the purpose of informing the next Island Plan. It was discussed that there were various policy opportunities arising from the findings of the report which would inform the future housing need for the Island. The Policy Principal advised the Panel that the next steps were that the report would be considered by the Housing Policy Board and the numbers would be fed into the Island Plan in order to establish the number of homes that could be delivered. |
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4. Reducing Use of Plastics in Jersey Review The Panel discussed suggested changes to the draft report which had been proposed by the Department for Growth, Housing and Environment and two stakeholders. The Officer was requested to prepare a final draft of the report incorporating the suggested changes, with the exception of one which the Officer was requested to liaise with the Department on. The Officer was also requested to prepare a final list of recommendations for the Panel to approve at the next meeting. In addition, the Officer was requested to draft a letter to the Guernsey Recycling Group to thank them for their assistance with the Panel's recent fact-finding visits. | NH NH |
5. Quarterly Hearing with the Minister for Children and Housing The Panel discussed and approved the question plan for the upcoming hearing. |
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6. Glyphosates / Soil Quality The Panel agreed to defer this item to the next Panel meeting. |
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7. Work programme The Panel agreed to defer this item to the next Panel meeting. |
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8. Jersey Fishermen's Association – Fisheries Management |
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The Panel agreed to defer this item to the next Panel meeting. |
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9. States Assembly Business The Panel agreed to defer this item to the next Panel meeting. |
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10. Future Meetings It was noted that the Panel's next scheduled meeting would take place on Tuesday 19th February 2019 at 09:30 in the Le Capelain Room, States Building. |
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Date: 5th March 2019
Present | Connétable Mike Jackson , Chairman Connétable Sadie Le Sueur -Rennard Connétable John Le Maistre, Vice-Chairman Deputy Kirsten Morel |
Apologies |
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Absent |
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In attendance | Deputy Inna Gardiner [item 9 only] Miss Nikita Hall , Scrutiny Officer |
Agenda matter | Action |
1. Record of Meeting The Panel approved the record of the meeting held on 5th February 2019 with one minor amendment. |
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2. Reducing Use of Plastics in Jersey Review The Panel approved the final report. The Chairman agreed to send a copy of his Foreword via email. The Officer was requested to draft a press release for the Chairman's approval. | MJ NH |
3. Quarterly Hearing with the Minister for the Environment The Panel discussed and approved the question plan for the upcoming hearing. |
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4. Glyphosates / Soil Quality The Panel discussed a current e-petition, as well as recent email correspondence between a member of the public and all States Members on the use of glyphosates found in weed killers, such as Round-up', being harmful to human health. It was noted that France had recently taken action to ban glyphosates but that the position of Jersey's Government was that there was little evidence to suggest it should be banned. The Officer was requested to arrange a briefing from the Department on the matter. | NH |
5. Work programme The Panel discussed its ongoing work programme. The Officer was requested to identify soil experts and other individuals to meet with the Panel, in order to understand the topic and any related issues better and with a view to being able to scope this further for review. It was agreed to add a potential review on Road Safety to the work programme, | NH NH |
possibly to be reviewed in conjunction with Highway Maintenance and/or speed limits. The Panel also discussed the Sustainable Transport Plan. It was agreed to ask the Minister for Infrastructure for an update on this and that the Officer would place this as an area of questioning for the next Quarterly Hearing. | NH |
6. Jersey Fishermen's Association – Fisheries Management The Panel discussed a request from the Jersey Fishermen's Association for the Panel to review the current Fisheries Management Regime. The Panel decided it would be prudent to wait to see the outcome of Brexit before agreeing to scope a potential fisheries review. |
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7. States Assembly Business P.9/2019 Draft European Union (United Kingdom Exit – Animal Health and Welfare) |
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The Panel discussed the above, noting that the Brexit Review Panel had received a briefing on the proposition which was due to be debated on 12th March. It was also noted that this legislation was to ensure appropriate measures were in place when the UK exited the EU on 29th March 2019. It was further noted that the power to set amendments to the Law by Ministerial Order would cease in 2020. | |
8. E-petition: Rental caps law to limit rental prices to reasonable rents The Panel discussed the above, noting the upcoming in-committee debate on 12th March 2019. It was agreed that any next steps with regard to a possible review would be discussed after the debate. |
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9. Informal Meeting with Deputy Inna Gardiner The Panel met briefly with the Deputy who had expressed an interest in joining the Panel. Once Deputy Gardiner withdrew from the meeting, the Panel agreed for the Chairman to proceed with the nomination process and to contact the Assistant Greffier (Chamber) to request that the nomination be tabled for the next States sitting. | MJ |
10. Future Meetings It was noted that due to the Panel visit to Westminster taking place 18th – 20th March 2019, the Panel's next scheduled meeting would take place on Tuesday 2nd April 2019 at 09:30 in the Le Capelain Room, States Building. |
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Date: 2nd April 2019
Present | Connétable Mike Jackson , Chairman Connétable Sadie Le Sueur -Rennard Connétable John Le Maistre, Vice-Chairman Deputy Inna Gardiner |
Apologies | Deputy Kirsten Morel |
Absent |
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In attendance | Deputy Kevin Lewis , Minister for Infrastructure [item 2 only] Deputy Hugh Raymond, Assistant Minister for Infrastructure [item 2 only] Mr Tristen Dodd, Director of Transport – Growth, Housing and Environment [item 2 only] Mr Kevin Armstrong, Manager – Highways and Infrastructure – Growth, Housing and Environment [item 2 only] Mr Carl Dodd, Senior Transport Manager / Engineer – Growth, Housing and Environment [item 2 only] Ms Allyson Holmes, Interim Private Secretary, Ministerial Support Unit [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 5th March 2019. |
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2. Briefing: Highway Maintenance and Roadworks and Events (Jersey) Law 2016 The Panel received a presentation and briefing from the Department for Growth, Housing and Environment on the above. The Manager - Highways and Infrastructure presented an overview of the main road network, including the current legal / policy obligations. He also advised that a Jersey Transport Plan was under development which would bring together all the policies into one, central reference document. The Panel asked how many inspectors currently inspected the roads for any damage/defects and was advised that there were currently three technicians involved with identifying and arranging reactive repair works. The Manager - Highways and Infrastructure advised that the Department was dealing with legacy issues of around 30 years of underinvestment in the maintenance and upkeep of Jersey's roads and was working towards rectifying this through a more streamlined programme of both reactive and planned maintenance. The Panel was advised that for major works there was only one approved contractor with the experience and expertise to carry out large scale works. This raised the issue of a non-competitive tender process. The Panel asked how value for money was assessed on this basis. The Manager – Highways and Infrastructure advised that options available to them were: |
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Also in terms of quality assurance, the Panel was advised that testing was carried out and a proportion of the final payment was retained for a three year retention period, in case of any defects which occurred within this time. The Panel was advised that due to funding constraints road surfacing was currently replaced after 47 years, which was noted as more than twice its recognised lifespan of 20 years. Furthermore, that funding of £6.5 million per year was required for the next 9 years in order to stabilize the roads in their current condition, preventing further deterioration and to bring the resurfacing return period down to a manageable 20 year return period. A short presentation was also given on various articles within the Roadworks and Events (Jersey) Law 2016. The Panel was also provided with a copy of the accompanying code of practice Working Safely on Jersey Roads', which was drafted as a useful guide to good practice and compliance with the law. The Panel was also invited to visit the Department to see first-hand the systems utilised in managing the road network. The Panel thanked the Minister, Assistant Minister and Officers for their time and they withdrew from the meeting. |
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3. Reducing Use of Plastics in Jersey Review The Panel noted that the Ministerial Response to the report was due on 19th April 2019. The Panel agreed that some flexibility could be granted if more time was required. |
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4. Jersey Property Holdings – Foreshore encroachment compensation The Panel discussed the request from a member of the public to review Jersey Property Holdings' policies on the foreshore encroachment compensation. The Officer was requested to arrange an informal meeting with them to learn more about the perceived issues with the current policy. | NH |
5. Proposed Panel meeting with Jersey Electricity Company The Panel discussed an invitation to meet with the Chief Executive of the JEC and agreed to accept the invitation. The Officer was requested to arrange the meeting and to research further the proposed stand-by charge for renewable solar electricity, including the UK position. | NH |
6. Proposed topic for review – Independent Planning Process The Panel discussed recent email correspondence from a member of the public calling on support for an Independent Planning Department. |
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The Officer was requested to find out more information about how the Planning process would remain independent and how it would be structured under the proposed new department structure. | NH |
7. Work programme The Panel discussed its ongoing work programme. The Panel expressed a wish to review the 90% market rent policy. However, it was noted that the Housing Policy Development Board had recently been established and had announced it would be reviewing this imminently. The Officer was requested to write to the Minister for Children and Housing to ascertain what the Terms of Reference and timescale were in respect of the review into the 90% market rent policy. The Panel also discussed a potential review on the Tenancy Deposit Scheme. It was noted that the contract with the scheme providers had recently been renewed and therefore a review could be timely in the coming months. The Panel noted that the Officer was in the process of arranging a meeting with soil specialist Mark Kibblewhite and that a potential review would be scheduled for May/June 2019. The Panel recalled a recent briefing it had received on a proposed Target Operating Model under the OneGov' structure for the Department for Growth, Housing and Environment. The Panel noted that the Minister for the Environment was not in favour of the proposed re-structuring. In view of this, the Panel agreed to meet individually with each Minister within their remit (Environment, Housing and Infrastructure) to hear their opinions on the proposals. The Officer was requested to arrange the meetings take place half an hour before each of the upcoming Quarterly Hearings. The Officer was also requested to ask the Director General what the challenges / risks were in re-structuring a Department with a remit of four different Ministers. The Panel agreed it would first ascertain what scope and Terms of Reference the OneGov' Scrutiny Review Panel was working to before agreeing to scrutinse the Target Operating Model. | NH NH |
8. E-petition: Rental caps law to limit rental prices to reasonable rents Due to time constraints, the Panel decided to defer this item until the next meeting. |
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9. E-petition: Make it law to stop hit and run' for cats Due to time constraints, the Panel decided to defer this item until the next meeting. |
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10. Future Hospital: update The Panel noted that there had been no further update since the proposition P.5/2019 Future Hospital rescindment of Gloucester Street as preferred site was |
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adopted. |
The Officer was requested to draft a letter to the Chief Minister requesting an update and timeline that Government was working to. | NH |
11. Future Meetings It was noted that the Panel's next scheduled meeting would take place on Tuesday 16th April 2019 at 09:30 in the Le Capelain Room, States Building. |
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Environment, Housing and Infrastructure Scrutiny Panel
Record of Meeting
Date: 16th April 2019
Present | Connétable Mike Jackson , Chairman Connétable John Le Maistre, Vice-Chairman Connétable Sadie Le Sueur -Rennard Deputy Inna Gardiner Deputy Kirsten Morel |
Apologies |
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Absent |
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In attendance | Deputy Gregory Guida, Assistant Minister for the Environment [item 2 only] Mr Tim Du Feu, Director – Environmental Protection – Growth Housing and Environment [item 2 only] Mr Stephen Thompson, Plant Pathologist and Laboratory Manager – Growth, Housing and Environment [item 2 only] Mr Willie Peggie, Director – Natural Environment – Growth, Housing and Environment [item 2 only] Mr Yannick Fillieul , Interim Private Secretary for the Minister for the Environment [item 2 only] Mr Julian Mallinson [item 3 only] Deputy Kevin Lewis , Minister for Infrastructure [item 8 only] Deputy Hugh Raymond, Assistant Minister for Infrastructure [item 8 only] Ms Allyson Holmes, Interim Private Secretary for the Minister for Infrastructure [item 8 only] Miss Nikita Hall , Scrutiny Officer |
Agenda matter | Action |
1. Record of Meeting The Panel approved the record of the meeting held on 2nd April 2019. |
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2. Briefing: Glyphosates The Panel received a briefing from the Department for Growth, Housing and Environment on the above. The Director – Environmental Protection explained that the Department administered a quarterly return on the importation of pesticide products. This information was then forwarded to Jersey Water who carried out water testing to ensure safe levels were maintained in Jersey's water. The Panel was advised that there was a Jersey Action for Cleaner Drinking Water Working Group which discussed any new pesticide products imported into Jersey. The composition of the Working Group was:
Representatives from:
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It was acknowledged that a representative from a pesticide merchant was being sought to add to the group's membership. There was a discussion on the recent media coverage concerning breaches' of contaminants in Jersey's water, although Officers advised these were not considered breaches' but simply detections that were still well within the what the EU Directive on Drinking Water stipulated as safe. Officers advised that they had no concerns that current levels were unsafe. The Panel questioned further why assertions were being made in the media that they were unsafe, to which Officers advised that it could only have been due to misinformation/miseducation of the facts. The Panel raised the question as to why France had banned glyphosate products. The Plant Pathologist and Laboratory Manager advised that France had not banned all products, only one – Roundup 450'. The Panel questioned further why Jersey had not banned this product and was advised that there was no evidence to suggest that this was necessary, especially given that no traces of glyphosates had ever been found in locally grown food. The Panel raised concerns about air quality and the spraying of pesticides. Officers advised that farmers should not spray the fields on a weekend and/or above a force 4 wind. Officers advised that there were penalties under the pesticides law, although it was often difficult to police. Officers stressed that if members of the public had concerns they should contact the Department immediately so that an Officer could attend and witness the spraying at the time it was happening. The Panel asked whether glyphosates contributed to nitrates in Jersey's water and was advised that they did not. Officers advised that following the implementation of the Water Management Plan, it was intended that a Water Officer would be appointed, however due to funding this had not yet been possible. It was expected that funding would be provided for soon under the proposed new Target Operating Model for the Department. The Panel thanked the Assistant Minister and Officers for their time and they withdrew from the meeting. The Officer was requested to contact the member of the public who had initially raised concerns and to feedback to them that the Panel had been fully briefed on the matter and was satisfied that no breaches in safe levels had occurred. | NH |
3. Informal meeting: Foreshore Encroachment Compensation The Panel welcomed Mr Mallinson who gave a background and overview of his experience regarding Jersey Property Holdings' (JPH) policy on the foreshore encroachment compensation claims. He had also prepared a summary document with appendices which he distributed to the Panel for further reference. Mr Mallinson advised that in his view JPHs' policy did not work and that it was applied inconsistently. He advised that JPH had only committed initially to pursuing claims where a trigger' event had occurred. For example, a planning application or the sale of a property. Where there was no trigger' event, these properties would |
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essentially remain under the radar' and that if they did so for more than forty years then, under Jersey Law, they would be entitled to the land having never been challenged on ownership. After challenging this apparent inequity Mr Mallinson advised that JPH had issued a commitment to action all property encroachments within a period of 5 years. However, Mr Mallinson noted that this timeframe was almost up and there had been no further challenges that he was aware of. In this respect, Mr Mallinson reiterated that there was an unfairness as not every property owner was being treated the same under the policy. Mr Mallinson gave the example of another property which appeared to have very similar encroachments but had been advised by JPH that they did not and so no further action would be taken. Mr Mallison advised that the Jersey Law Society had requested a meeting with the previous Minister for Infrastructure two years ago but a meeting had not yet been forthcoming. The Panel advised that in the Quarterly Hearing held earlier that day, it had requested that the Minister for Infrastructure meet with the Law Society on the matter, which the Minister agreed to undertake. Mr Mallison further advised that he felt the Minister for Infrastructure had ignored the Complaint's Board findings. He also stressed that that there were several findings and recommendations made by the Complaints Board, despite JPH having previously focused on only one recommendation which it had deemed the main' recommendation. The Panel thanked Mr Mallison for his time and he withdrew from the meeting. The Panel agreed it would explore the matter further by requesting a meeting with the Jersey Law Society, in order to seek their views. The Officer was requested to write to Mr Mallinson to let him know the Panel's intended course of action. | NH |
4. E-petition: Rental price caps law to limit rental prices to reasonable rents The Panel considered a scoping document prepared by the Officer. The Officer was requested to add a further objective and to circulate the revised document to the Panel for approval. | NH |
5. E-petition: Make it law to stop hit and run' for cats The Panel noted it would await the outcome of the debate on P.30/2019. |
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6. P.41/2019 - Draft Sea Fisheries (Minimum Size Limits) (Amendment No. 7) (Jersey) Regulations 201-. The Panel noted that it had sought initial feedback on the proposition from the Jersey Fishermen's Association and Jersey Marine Conservation which was generally positive. The Panel agreed it should present a Comments paper to the Assembly ahead of the debate on 21st May and the Officer was requested to draft a copy and send to the Panel for further comment and approval. | NH |
7. Work programme The Panel briefly discussed its ongoing work programme. The Officer was requested to liaise with the Growth, Housing and Environment Department as to when the next renewal of the Residential Tenancy Deposit | NH |
Scheme provider was due. The Panel discussed the proposed Target Operating Model for Growth, Housing and Environment and how it should scrutinse this in light of the work the OneGov' Review Panel would be undertaking. It was agreed, in the first instance, to hold meetings in private with the Ministers for Infrastructure, Environment and Children and Housing and the Officer was requested to liaise with the Officer for the OneGov' Review Panel. The Panel agreed to discuss the Independent Review of the Affordable Housing Gateway at its next meeting. | NH |
8. Meeting with the Minister for Infrastructure on Target Operating Model for Growth, Housing and Environment The Panel met with Minister and Assistant Minister for Infrastructure to discuss their political views on the proposed Target Operating Model for the Growth, Housing and Environment Department. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 34. |
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11. Future Meetings It was noted that the Panel's next scheduled meeting would take place on Tuesday 7th May 2019 at 09:30 in the Le Capelain Room, States Building. |
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Environment, Housing and Infrastructure Scrutiny Panel
Record of Meeting
Date: 7th May 2019
Present | Connétable Mike Jackson , Chairman Connétable Sadie Le Sueur -Rennard [item 2 only] Deputy Inna Gardiner Deputy Kirsten Morel [items 1, 3-10 only] |
Apologies | Connétable John Le Maistre, Vice-Chairman |
Absent |
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In attendance | Professor Mark Kibblewhite, Cranfield University [item 2 only] Senator Sam Mézec , Minister for Children and Housing [item 3 only] Miss Nikita Hall , Scrutiny Officer |
Agenda matter | Action |
1. Record of Meeting The Panel approved the record of the meeting held on 16th April 2019. |
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2. Informal Meeting: Soil health The Panel welcomed Professor Mark Kibblewhite and explained that a scrutiny review into soil health in Jersey was being considered and therefore the Panel was keen to learn more about the work he was assisting the Department for Growth, Housing and Environment with, as well as how healthy he understood Jersey's soil to be. Professor Kibblewhite explained that Jersey had very special' fertile soil. He further advised that there was some evidence which showed that soil health had come down to a plateau. He advised that the degradation in soil did not appear drastic but that it was best for it to not degrade further and that provisions should be put in place to improve soil health. Professor Kibblewhite advised that one of the challenges was that there was currently very little soil data for Jersey. Some soil sampling had taken place but this was not a representative sample. As a result of this, there was no basis for trends and therefore was difficult to confirm a change in Jersey's soil heath. He advised that from what he had seen the soil was not completely degraded but was coming down to a low ebb. He further commented that this was not unusual compared with other countries. He advised that there did need to be a focus from government on how to improve soil quality for the future and that better data was needed. Professor Kibblewhite advised that he was assisting the Department to build an efficient and effective soil monitoring network and that this would take a while to be established – he estimated around 12 months for a soil monitoring framework to be finalised. He stressed that soil provided natural capital' for the island. Previously the dataset had not been large enough and not designed well enough, as it had been more opportunistic testing in the past. Professor Kibblewhite advised the Panel that in his opinion, France had a soil strategy and a very good soil monitoring framework in place. The Panel asked Professor Kibblewhite for his thoughts on the use of glyphosates in |
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farming. Mr Kibblewhite advised that in the past the application of fertilisers had been broad scale. Whereas now there was technology available that made the application of fertilisers more efficient and that it would be a good investment for the island if such technologies were introduced, as doing so would reduce the usage of nitrogen and herbicides. Professor Kibblewhite concluded by saying that a clear objective for Jersey's government should be to ensure that the design of a soil monitoring framework was fit for purpose for an extended period of time i.e. a couple of decades and that this should involve a detailed, accurate soil map of the island. He further advised that he was hoping to have a concrete plan confirmed with the Department within 6-8 weeks and a suitable framework in place by 2020. The Panel thanked Professor Kibblewhite for this time and he withdrew from the meeting. The Panel then agreed to proceed with a review into soil health in Jersey. |
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3. Informal meeting: Minister for Children and Housing The Panel met with the Minister for Children and Housing to discuss his political views on the proposed Target Operating Model for the Growth, Housing and Environment Department. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 34. |
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4. Reducing use of Plastics in Jersey The Panel considered the joint Ministerial Response from the Ministers for Infrastructure and the Environment. The Panel acknowledged that the majority of recommendations had been accepted. It was noted that the one recommendation which had been rejected was the Panel's recommendation that the Department liaise with Jersey Dairy to investigate further the possibility of recycling Jersey's milk cartons. It was agreed that the Panel should make a Statement in the States regarding S.R.5/2019 and the Ministerial Response. The Officer was requested to liaise with the Chairman on the process for this. The Officer was also requested to draft a press release for the Chairman's approval. | NH NH |
5. E-petition: Rental price caps law to limit rental prices to reasonable rents The Panel considered a scoping document prepared by the Officer. Prior to making a decision to proceed with the review, it was agreed to question the Minister for Children and Housing further at the upcoming hearing. Both Deputy Gardiner and Deputy Morel noted for the record that they both owned property which they rented out. |
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6. P.41/2019 - Draft Sea Fisheries (Minimum Size Limits) (Amendment No. 7) (Jersey) Regulations 201-. The Panel considered a draft Comments that had been prepared by the Officer. The Panel approved the Comments and the Officer was requested to have it presented in time for the States debate on 21st May 2019. | NH |
The Chairman advised that he would not be present for the debate on 21st May 2019 and therefore it was agreed that he would delegate this to another Panel member. |
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7. Quarterly Hearing: Minister for Children and Housing The Panel discussed a question plan and prepared a questioning strategy for the upcoming hearing. |
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8. Elizabeth Marina pollution Due to time constraints, this item was deferred to the next meeting. |
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9. Work programme The Panel briefly discussed its ongoing work programme. The main topics of interest that were discussed were potential future reviews on soil health and a Sustainable Transport Plan. |
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10. Future Meetings It was noted that the Panel's next scheduled meeting would take place on Tuesday 28th May 2019 at 09:30 in the Le Capelain Room, States Building. |
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Environment, Housing and Infrastructure Scrutiny Panel
Record of Meeting
Date: 28th May 2019
Present | Connétable Mike Jackson , Chairman Connétable John Le Maistre, Vice-Chairman Connétable Sadie Le Sueur -Rennard Deputy Inna Gardiner |
Apologies | Deputy Kirsten Morel |
Absent |
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In attendance | Mr Neville Benbow, Chief Executive Officer, Law Society of Jersey [item 2 only] Advocate Chris Philpott, Member of the Law Society Conveyancing Sub- committee [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 7th May 2019. |
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2. Informal Meeting: Law Society of Jersey The Panel welcomed Mr Neville Benbow and Advocate Chris Philpott of the Law Society of Jersey to the meeting. The Panel was advised that it was the general consensus of the legal profession that the issue of the foreshore encroachment had not been dealt with fairly by Jersey Property Holdings. It was the opinion of the Law Society that it was not right or just to apply a new policy retrospectively to landowners, some of which may not have made the encroachment, as in some cases it may have been a previous landowner. It was also felt that it was not fair to apply the policy only to landowners in the process of selling their property and not to those who were not selling their property. It was suggested that a full audit or inventory of the foreshore should have been undertaken, at the time of the transfer from the Crown in 2015, supported by photographic evidence, with any issues or perceived encroachments arising being highlighted to homeowners who would be advised that no action would be taken in relation to the issues identified other than to advise homeowners that a) unfettered access to their premises may be required to protect the sea wall etc. (at the homeowners' risk) and b) that any further proposed work would be subject to planning consent and, if approved, the payment of an appropriate fee in relation to the work if it was deemed to represent an encroachment. It was felt that this exercise could be undertaken now to avoid any repetition of the position that had arisen with homeowners who were selling their foreshore' properties being forced to pay significant sums of money to facilitate the sale of their property. |
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The Panel were handed a copy of the contract from when the foreshore transferred from the Crown to the Public of Jersey. The Law Society noted that they felt the current Jersey Property Holding's policy on the foreshore encroachments was not in keeping with the spirit of this contract. In particular, it was noted that, while not specifically referring to encroachments', clause 2 of the contract makes reference to past actions being unaffected by the transfer. It is our view that this clause should have been interpreted based on the spirit' of the gift from the Crown. The clause states: 2. THAT any right of access or of exploitation exercised as a matter of longstanding habitual and recognised custom by the general public of the Island or by any member thereof shall be and remain unaffected by this contract of gift cession and transfer. It was further highlighted that some of the encroachments – to the extent that they are encroachments – happened on the watch of the States of Jersey, when the Public were effectively the tenant of the Crown for all matters relating to the foreshore prior to the 2015 contract. Having not taken any action during this period of time, it was felt that it was not appropriate to penalise, and effectively take advantage of, homeowners in relation to changes that had, in some cases, taken place prior to the current ownership of the property. The issue of discrepancies with the foreshore boundary was also discussed, it being noted that it was not straight forward to establish a boundary, as it was not clear cut as to where the boundary was. It was felt by the Law Society that issues with determining the boundary should have been addressed prior to the Jersey Property Holding's approach of seeking compensation payments from landowners. The Law Society also suggested that there should be more collaboration and joined up working between the Planning and Infrastructure arms of the Growth, Housing and Environment Department and more interest should be taken by the Minister for Infrastructure in planning applications that involved a sea defense wall. Furthermore, that Planning Obligation Agreements, making landowners jointly responsible for the maintenance of the sea walls, could be utilised for ring-fencing funds for this purpose. The Panel thanked Mr Benbow and Advocate Philpott for their time and attendance. Once Mr Benbow and Advocate Philpott withdrew from the meeting the Panel agreed to question the Minister for Infrastructure publically on the matter at the next Quarterly Hearing. |
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3. Reducing use of Plastics in Jersey The Panel discussed making a Statement in the States regarding its report S.R.5/2019 Reducing use of Plastics in Jersey and the Ministerial Response. It was agreed that the Chairman would circulate the wording of a draft Statement to the Panel. | MJ |
4. E-petition: Rental price caps law to limit rental prices to reasonable rents The Panel agreed not to proceed with a review at this time. Instead, it was agreed to press the Minister for Children and Housing on a timescale for the Housing Policy |
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Development Board's review into the 90% market rent policy. Once the Panel had been informed of the timescale and terms of reference for this review, it was agreed a further decision would be made as to whether to review rent affordability in the private sector. |
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5. Soil health The Panel agreed not to proceed with a review at this time. Instead it was agreed to monitor the Department for Growth, Housing and Environment's work with Cranfield University in establishing a formal soil monitoring framework and to regularly question the Minister for the Environment on this at Quarterly Hearings. It was also agreed that the Panel would invite the main potato growers for meetings to establish whether they were being appropriately consulted by the Department during the ongoing process of establishing a soil monitoring framework. The Officer was requested to arrange meetings for July / August time. | NH |
6. Elizabeth Marina pollution The Panel discussed the above and agreed to write formally to the Minister for the Environment for an update on the current status of the legal investigation into pollution arising from the Horizon development at Elizabeth Marina, and to establish what measures have been put in place to prevent further pollution, pending the outcome of the investigation. The Officer was requested to draft a letter for the Chairman's approval. | NH |
7. Work programme The Panel briefly discussed its ongoing work programme. The Officer was requested to follow up on the Department for Growth, Housing and Environment's previous invitation to witness the systems in place for managing Jersey's road network. The Officer was also requested to prepare a briefing paper on the findings of the independent report on the Affordable Housing Gateway. | NH NH |
8. Quarterly Hearings with the Minister for Infrastructure and the Minister for the Environment The Panel discussed various questions it would like to ask both Ministers at future upcoming hearings. The Officer was requested to include these in the drafting of the question plans. | NH |
9. Glyphosates Following a previous meeting with the Department for Growth Housing and Environment, the Panel discussed how it could best put the outcome of this meeting on record. The Officer advised the Panel that she would look into what the most appropriate method would be to do this. The Officer was requested to arrange a meeting with Environmental Scientist, Jacqui Carrell to seek further evidence on the use of Glyphosates. | NH NH |
10. Future Meetings It was noted that the Panel's next scheduled meeting would take place on Tuesday 11th June 2019 at 09:30 in the Le Capelain Room, States Building. |
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Date: 3rd June 2019
Present | Connétable Mike Jackson , Chairman Connétable John Le Maistre, Vice-Chairman Deputy Kirsten Morel |
Apologies | Deputy Inna Gardiner Connétable Sadie Le Sueur -Rennard |
Absent |
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In attendance | Deputy John Young, Minister for the Environment Mr Steve Skelton, Director of Strategy and Innovation, Strategic Policy, Performance and Population Mr Kevin Pilley, Director of Planning Policy and Historic Environment, Strategic Policy, Performance and Population Mr Yannick Fillieul , Private Secretary to the Minister for the Environment Miss Nikita Hall , Scrutiny Officer |
Agenda matter | Action |
1. Island Plan Review Process The Panel received the Minister for the Environment and Officers from the Department for Strategic Policy, Performance and Population for a briefing on the Island Plan Review Process. The Director of Strategy and Innovation gave a PowerPoint presentation which outlined the process that was being adopted to draft a new Island Plan for 2021-30. He explained that there were four stages to the review: Stage 1: Scoping, research and options Stage 2: Develop draft Island Plan Stage 3: Independent examination Stage 4: States approval. The intention was for this to be achieved by early 2021. Regarding the independent examination, the Panel was advised that this would involve an Independent Planning Inspector whose role it would be to test the soundness' of the plan and to ensure that representations and comment about the plan could be considered in an open, transparent and impartial manner. It was noted that independent examination was also a legal requirement. The Panel questioned whether more than one inspector was required and the suggestion was made by the Panel that if so, gender balance should be a consideration when selecting individuals to carry out this role. It was noted that the last two Examinations in Public had involved two inspectors. Given the number of amendments to previous Island Plans, the Panel questioned whether the Department of Strategic Policy, Performance and Population had enough resource to cope with a large quantity of amendments if this was to be the case again. The Department reassured the Panel that they were reviewing the resource requirement on an on-going basis and currently were content that the anticipated work could be accommodated, including making use of external support where required. Specifically, external support was being commissioned in three |
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areas of the review:
The Panel requested to be sent all tender / quotation documentation relating to the review process. The Director of Strategy and Innovation advised this would be forwarded onto the Panel as soon as possible. The Spatial Strategy aspect of the review was discussed, it being noted that there were several possible options for this that would be looked at as part of the review, including the potential release of greenfield land for development. The Panel raised concern about the increase in land value that would inevitably occur with any rezoning. The Department also advised that they would be raising the potential introduction of an Infrastructure Levy to capture part of the uplift in land value which would accrue as a result of rezoning. The Department advised that any such mechanism to capture any uplift would need further detailed investigation. The issue of affordable homes for purchase remaining as affordable homes in perpetuity was also raised by the Panel. The Director of Planning Policy and Historic Environment advised that currently affordable homes were subject to a Planning Obligation Agreement that required, when a property was sold, that it remained as an affordable home that could only be accessed by someone who qualified as being in need of an affordable housing product, as assessed through the Housing Gateway. The Panel suggested that it might be helpful for Parish workshops to be held in order to gauge public opinion on various aspects of a new Island Plan. The Department agreed that this would be a helpful tool for the process and were already in discussion with the parishes as to how best this might be achieved. It was also noted that the Department was in discussion with the parishes about whether they required any specific assistance to help them progress their own proposals through the review process. The Panel thanked the Minister and Officers for their time and it was noted that the next Island Plan Review briefing with the Panel would take place on Friday 21st June 2019. | SS |
Date: 11th June 2019
Present | Connétable Mike Jackson , Chairman Connétable John Le Maistre, Vice-Chairman Deputy Kirsten Morel Deputy Inna Gardiner |
Apologies | Connétable Sadie Le Sueur -Rennard |
Absent |
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In attendance | Deputy John Young, Minister for the Environment [item 2 only] Deputy Gregory Guida, Assistant Minister for the Environment [item 2 only] Mr Yannick Fillieul , Private Secretary to the Minister for 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 28th May 2019. |
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2. Informal Meeting: Minister for the Environment The Panel met with the Minister and Assistant Minister for the Environment to discuss their political views on the proposed Target Operating Model for the Growth, Housing and Environment Department. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 34. |
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3. Reducing use of Plastics in Jersey The Panel discussed the Statement it had previously agreed to make regarding its report S.R.5/2019 Reducing use of Plastics in Jersey and the Ministerial Response. The Chairman advised the Panel that he would circulate the wording of a draft Statement to the Panel and Officer shortly. | MJ |
4. Elizabeth Marina pollution The Panel discussed a response from the Minister for the Environment to the Panel's letter requesting an update on what measures were in place to prevent further pollution, pending the outcome of the legal investigation. It was agreed to follow up on the Minister's response with questions on this at the quarterly hearing. |
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5. Quarterly Hearing with the Minister for the Environment The Panel discussed a few additional questions to add to the question plan and prepared for the upcoming hearing. |
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6. P.41/2019 – Draft Sea Fisheries (Minimum Size Limits) (Amendment No. 7) |
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(Jersey) Regulations 201-. The Panel discussed a response from the Assistant Minister for the Environment to the Panel's letter requesting a response as to whether the recommendations made in the Panel's comments paper were accepted. The response indicated that it was felt there was no evidence to suggest the brown crab species had preferred breeding sites. A previous submission made to Panel had contended this and so it was agreed to investigate the matter further. |
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7. Work programme The Panel discussed its ongoing work programme. The Officer was requested to add a future potential topic for reviewing policy intentions for incentivising electric cars which would include investigating further the environmental friendliness' of the manufacturing process. | NH |
8. Target Operating Model – Growth, Housing and Environment The Panel briefly discussed the above following the meeting in private with the Minister for the Environment. Due to time constraints, it was agreed that each Panel Member would circulate their views via email as to any concerns / issues that should be fed back to the OneGov Review Panel. | ALL PANEL MEMB ERS |
9. Correspondence from a member of the public - Vehicle testing The Chairman advised that he had received correspondence requesting the Panel investigate the effectiveness of reporting mechanisms for reporting a defective vehicle under the new testing regime. It was agreed that the Panel would write to the Minister for Infrastructure to ask questions around this, as well as requesting an update on the Department's resource and manpower capacity to fulfil ongoing testing requirements. The Officer was requested to prepare a draft letter for the Chairman to approve. | NH |
10. Correspondence from a member of the public – future housing needs The Panel discussed a letter that had been sent to each of the Panel Member's home addresses, as well as to the Members of the Planning Committee and the Parish of Trinity , in respect of a proposed development of four bedroom houses. It was noted that it was not the role of Scrutiny to review a single planning application, however concerns had been voiced in the letter that developments such as this were not focusing on the strategic aspect of what types of homes are needed in Jersey. It was noted in the letter that the Objectively Assessed Housing Needs Report identified a surplus of four bedroom houses and therefore questioned the strategic necessity of these types of new developments, if not serving the suggested island's future housing need. The Panel discussed that this strategic approach would be incorporated into the new Island Plan Review which was being worked on and it was agreed to question the Minister and Officers on this further as the review progressed. It was also agreed that the Panel would respond to the letter. The Chairman advised he would suggest the wording for a suitable response and would liaise with other | MJ/NH |
Panel Members and the Officer, who would distribute the response. |
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11. Future Meetings It was noted that the Panel's next scheduled meeting would take place on Tuesday 25th June 2019 at 09:30 in the Le Capelain Room, States Building. |
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Date: 21st June 2019
Present | Connétable Sadie Le Sueur -Rennard Deputy Kirsten Morel Deputy Inna Gardiner |
Apologies | Connétable Mike Jackson , Chairman Connétable John Le Maistre, Vice-Chairman |
Absent |
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In attendance | Deputy John Young, Minister for the Environment Deputy Gregory Guida, Assistant Minister for the Environment Mr Steve Skelton, Director of Strategy and Innovation, Strategic Policy, Performance and Population Mr Kevin Pilley, Director of Planning Policy and Historic Environment, Strategic Policy, Performance and Population Mr Yannick Fillieul , Private Secretary to the Minister for the Environment Miss Nikita Hall , Scrutiny Officer |
Agenda matter | Action |
1. Island Plan Review Process The Panel received the Minister for the Environment, Assistant Minister for the Environment and Officers from the Department for Strategic Policy, Performance and Population for a second briefing on the Island Plan Review process. The Director of Strategy and Innovation gave a PowerPoint presentation which outlined the approach to communications which would be undertaken as part of the public engagement and consultation in the Island Plan Review process. The Panel was advised that the consultation would take place as part of a wider communications piece entitled Your Island, Your Say' which would include consultations on the Island Plan, Carbon Neutral, Shoreline Management and the Southwest St. Helier Plan. The Panel was shown an anticipated timeline of how it was anticipated the consultation would progress. The Panel queried why the Southwest of St Helier was included and why not the North of St. Helier . The Minister advised that the main focus was on the Southwest due to future proofing of the Waterfront and the Esplanade, although work had already been undertaken to regenerate the North of St. Helier and many new developments were already underway. Due to time constraints, it was agreed that further information would be circulated to the Panel and a further meeting would be arranged to discuss this in further detail. The Director of Strategy and Innovation went onto advise that there were different levels of engagement proposed for the consultation:
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Island Plan but that were unlikely to take only a passing interest). The Panel was shown slides which included the types of questions that would be asked in the consultation documents across each of the main themes of sustainable environment; sustainable economy; and sustainable communities. The Panel was shown a table which outlined an update of the procurement process for the various pieces of work commissioned. The Panel raised significant concerns with a current lack of migration policy and that it was deemed crucial this be tied into the work that was being carried out on the Island Plan. The Minister advised that he had been trying to move matters along with the Policy Development Board and would continue to do so. |
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Date: 25th June 2019
Present | Connétable Mike Jackson , Chairman Connétable John Le Maistre, Vice-Chairman Connétable Sadie Le Sueur -Rennard Deputy Kirsten Morel |
Apologies | Deputy Inna Gardiner |
Absent |
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In attendance | Miss Nikita Hall , Scrutiny Officer |
Agenda matter | Action |
1. Record of Meetings The Panel approved the records of the meetings held on 3rd and 11th June 2019. |
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2. P.41/2019 – Draft Sea Fisheries (Minimum Size Limits) (Amendment No. 7) (Jersey) Regulations 201-. The Panel discussed a response from the Assistant Minister for the Environment regarding the Panel's Comments paper and recommendations. It was agreed to respond to the Assistant Minister as there appeared to be contradictory information to that which the Panel had been advised on previously regarding breeding sites. The Officer was requested to prepare a response and to liaise with the Chairman for approval prior to sending. | NH |
3. Work Programme The Panel discussed its ongoing work programme: It was noted that the Department for Growth, Housing and Environment was still running a public consultation on the proposed new licensing regulations and that a report would be made available to the Panel once the consultation had concluded. The Officer was requested to reiterate to the Department that three months would be required for a scrutiny review. The Panel discussed reducing vehicle emissions and electric vehicles as a potential topic for review. It was noted that a Scoping Document had been prepared by the Officer. The Officer was requested to make some changes to the Scoping Document, including changing the title from Incentivising Electric Vehicles' to Reducing Vehicle Emissions'. The Officer was also requested to arrange a briefing with the Department for Growth, Housing and Environment on what work they were undertaking to assess the pros and cons of incentivising electric vehicles. In addition, to seek out an independent advisor/expert who would be able to advise on the pros and cons of electric vehicles. The Panel discussed a potential review into Jersey's soil health. It was also noted that the Panel had received an email from a member of the public regarding the disposal of waste potato crop. The Panel discussed a response from a local potato grower advising that this practice was in line with current guidelines. The Officer | NH NH NH NH |
was requested to forward the correspondence from the member of the public onto the Department for the relevant Officer to respond on the matter. The Officer was requested to add the following additional topics onto the work programme for future potential review:
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4. Target Operating Model – Department for Growth, Housing and Environment The Panel discussed concerns that the establishment of regulatory arm of the Department as currently proposed in the Target Operating Model was inappropriate, and that this function should instead be completely independent of government. Furthermore, it was discussed that multiple Ministers for one Department was not ideal and that consideration should be given to a Head of Sustainability' role. It was agreed that these concerns would be fed back to the OneGov Review Panel. The Officer was requested to prepare a response. | NH |
5. Vehicle testing regime – update The Panel discussed a response from the Minister for Infrastructure regarding the vehicle testing regime. It was noted that the Department for Growth, Housing and Environment was at capacity resource wise. It was agreed to monitor the Department's progress. |
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6. Reducing use of plastics in Jersey Scrutiny Report & Ministerial Response – Statement The Panel discussed the Statement it had previously agreed to make regarding its report S.R.5/2019 Reducing use of Plastics in Jersey and the Ministerial Response. The Chairman advised the Panel that he would circulate the wording of a draft Statement to the Panel and Officer shortly. | MJ |
7. PFOS (perfluorooctane sulphonate) Contamination The Panel discussed the Department for Growth, Housing and Environment's ongoing investigation into PFOS levels. The Officer was requested to circulate the final report as soon as this was made available. | NH |
8. P.66/2019 Draft Aquatic Resources (Seaweed Licences)(Jersey) Regulations 201- The Panel discussed the above proposed regulations. The Officer advised the Panel that the proposition had just been lodged and that a Panel briefing had been arranged for 9th July 2019 during the Panel's usual meeting slot. |
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9. Future Meetings It was noted that the Panel's next scheduled meeting would take place on Tuesday 9th July 2019 at 09:30 in the Le Capelain Room, States Building. |
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Date: 6th August 2019
Present | Connétable John Le Maistre, Vice-Chairman Connétable Sadie Le Sueur -Rennard Deputy Kirsten Morel Deputy Inna Gardiner |
Apologies | Connétable Mike Jackson , Chairman |
Absent |
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In attendance | Deputy Gregory Guida – Assistant Minister for the Environment [item 2 only] Mr Kevin Pilley – Director of Planning Policy and Historic Environment, Strategic Policy, Performance and Population [item 2 only] Mr Steve Skelton – Director of Strategy and Innovation, Strategic Policy, Performance and Population [item 2 only] Miss Nikita Hall , Scrutiny Officer |
Agenda matter | Action |
1. Record of Meetings The Panel approved the records of the meetings held on 21st and 25th June 2019. |
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2. St Helier Master Plan Briefing: Southwest St Helier and North of Town The Panel received a briefing on St. Helier masterplans from Officers from the Strategic Policy, Performance and Population Department. The Director of Planning Policy and Historic Environment outlined the differences between Supplementary Planning Guidance (SPG) and the Island Plan. The main difference being that there was a legal requirement for the Island Plan, which was adopted by the States and subject to a rigorous process of consultation and independent examination, whereas the issuing of SPG was discretionary, and within the gift of the Minister for the Environment. It was noted that the St. Helier masterplans were issued as SPG. The current Island Plan had identified key regeneration zones in St. Helier where new development and regeneration was desired, and where it was considered appropriate for supplementary planning guidance to be prepared, as follows:
It was noted that at the time of the adoption of the original Island Plan in 2011, supplementary planning guidance was already in place for the St Helier Waterfront. North of Town |
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The Panel was advised that the North of Town Masterplan was adopted in June 2011 and focused primarily on residential regeneration. It was noted that since the adoption of this guidance, planning permission for nearly 1,400 homes in the area had been granted. It was also noted that some of these consents had been implemented to completion; others were under construction; the subject of live planning applications; and that some permits remained unimplemented. The Panel expressed concern that the government was not doing enough to ensure the delivery of homes. It was noted that Andium Homes, an arms-length government agency, now owned a number of the key sites in the North of Town and were bringing these forward for development. The Panel expressed concerns that too much focus on residential development could place further strain on schools, parking and other community services and amenities, if these were also not expanded. The Panel was advised that many of the new developments that were being granted planning permission had some provision within them to provide extra public parking, public realm improvements and other community amenity spaces. The Panel also asked what the dynamic was between Planning and private landowners in terms of encouraging them to develop land which had been identified by Planning as ideal for residential development. The Director of Planning Policy and Historic Environment advised that the Planning's involvement only went as far as issuing SPG, either on an area basis (such as the North of Town Masterplan) or a site-specific basis (such as development briefs for former Jersey College for Girls; Jersey Gas; and Le Masurier's sites), which was intended to provide clear guidance to landowners/developers as to what type of developments would meet Planning requirements and therefore likely to receive Planning approval. Southwest St. Helier It was explained that current SPG in this area included the Jersey Waterfront SPG, adopted in 2006; and the Esplanade Quarter Masterplan, adopted in 2008 (further amended in 2011). The Esplanade Quarter Masterplan aimed to provide 600,000 sqft of office space, residential units, public spaces, public parking and hotel, restaurant and retail space. This was being delivered, by the States of Jersey Development Company, through the International Finance Centre and the Horizon residential development on the Waterfront. It was also noted that the private sector had secured, and in some cases, implemented planning permission for a significant amount of office development in and around the St Helier waterfront area. However, it was further explained that the Esplanade Quarter Masterplan was out of date, unviable and too prescriptive in some areas. The Minister for the Environment was reviewing the guidance and the Design Council had been engaged by Planning to support this work. They had encouraged the adoption of a wider, more holistic view; and had helped facilitate public engagement which had led to the drafting of a Southwest St Helier Plan. The new plan was intended to provide wider spatial coverage and a more strategic future-proof' planning framework, which it was hoped would better reflect the community's aspirations for the St. Helier Waterfront. The Panel was advised that an eight week public consultation was currently underway on the draft framework which would run until the end of September 2019. The Panel thanked Officers and the Assistant Minister for the Environment for their time and the briefing was concluded. |
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3. P.41/2019 – Draft Sea Fisheries (Minimum Size Limits) (Amendment No. 7) (Jersey) Regulations 201-. A further response from the Assistant Minister for the Environment, to the Panel's correspondence relating to the breeding habits of brown crab, was noted and it was agreed that no further work was required by the Panel at this time. |
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4. Work Programme The Panel discussed its ongoing work programme:
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5. Government Plan It was noted that a review of the new Government Plan was being coordinated by the newly established Government Plan Review Panel and that individual Scrutiny Panels would scrutinise projects allocated to them by the Review Panel. The Officer advised the Panel of the expected timeline for the review and that it was anticipated public hearings would be held in September. Panel Members were requested to make the Officer aware of any potential dates they would be unavailable, so that these dates could be avoided when scheduling hearings. The Officer advised the Panel that a briefing paper and scoping document would be forwarded to Panel members later that week. | ALL NH |
6. Sewage Treatment Works Plant The Officer was requested to draft a letter to the Minister for Infrastructure requesting confirmation as to whether there was a commitment to include caps on the sewage tanks in the new Sewage Treatment Works plant and whether this cost had been accounted for in the Government Plan. | NH |
7. Future Meetings It was noted that the Panel's next scheduled meeting would take place on Tuesday 20th August 2019 at 09:30 in the Le Capelain Room, States Building. |
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Environment, Housing and Infrastructure Scrutiny Panel
Record of Meeting
Date: 20th August 2019
Present | Connétable John Le Maistre, Vice-Chairman Connétable Sadie Le Sueur -Rennard Deputy Kirsten Morel |
Apologies | Connétable Mike Jackson , Chairman Deputy Inna Gardiner |
Absent |
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In attendance | Mr Chris Ambler, CEO of Jersey Electricity [item 2 only] Miss Nikita Hall , Scrutiny Officer |
Agenda matter | Action |
1. Record of Meetings The Panel approved the record of the meeting held on 6th August 2019. |
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The Panel met with the CEO of Jersey Electricity (JE) to understand further the Company's position on renewable energy, as well as the commercial stand-by charge. The Vice-Chairman welcomed Mr. Ambler to the meeting. Mr. Ambler began by informing the Panel that Jersey's electricity was almost completely imported from France and that 1/3 of the electricity distributed to Jersey's residents and businesses came from renewable sources (sourced from La Rance Tidal Barrage in Brittany), with the remaining 2/3 from nuclear sources. Mr. Ambler said that Jersey had a greater share of renewables in its electricity supply than many countries including UK, France and Germany – and that Jersey's imported renewables was certificated, meaning that it was "ringfenced" for JE's use and couldn't be used by any other party. Mr. Ambler explained that Jersey Electricity was, by some margin, the biggest distributor of renewable energy in the Channel Islands and had now virtually completely de-carbonised the electricity system, mainly due to the Company's investment in undersea cables. The carbon intensity of Jersey's electricity was presently less than 10% of that of the UK electricity grid and that supply reliability was now around ten times better than the UK grid. The question was raised by the Panel as to why Jersey did not produce its own renewable energy. Mr. Ambler explained that renewables in many countries were subsidised by their Governments as renewables were, in general, not economically viable without subsidy however, there were no Government subsidies in place in Jersey. He went on to explain that the three main sources of renewable energy were solar, tidal and wind. He advised that the costs associated with tidal power, particularly the capital costs, were very high given the amount of energy that could be produced. At present tidal renewables required significant capital investment, carried with it high project risk and was considered to produce power that was around 3-5 times more expensive than importing electricity from France. However, Mr. Ambler explained that this did not mean tidal power should not be explored further when considering renewable energy options for Jersey, as there could be |
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other benefits such as avoided capital investment on coastal protection, for example. Mr. Ambler also said he believed that over the long term the core technologies would reduce in cost and risk and that Jersey should be proactive in exploring opportunities. In respect of energy from offshore wind farms, the cost of the electricity produced was approximately 2-3 times more expensive than importing from France. Finally, in respect of solar, Mr. Ambler advised that this was also in general not economically viable without subsidy however, although the costs were still higher than importing power from France, the cost disadvantage was relatively lower and there were selective opportunities for solar renewable development in Jersey as these technology costs were reducing. Mr. Ambler advised the Panel that power prices for most consumers in Jersey were approximately 30% cheaper than the UK price cap (recently imposed by Ofgem, the UK regulator) and approximately 20% cheaper than Guernsey, the Isle of Man and the European Union average electricity prices. Mr. Ambler also explained that power prices in Germany (which is seen as an exemplar in the use of renewables) were also around 40% higher than Jersey and like many other countries with more expensive electricity, these higher prices were largely due to the heavy subsidies that had been provided to pay for renewable grants (amongst other measures). This was because Germany like all EU countries has a legal obligation to decarbonise their electricity system. Mr. Ambler explained that as Jersey Electricity had already decarbonised the electricity system, the case for subsidising renewable energy in the same way was less strong. The Company's strategy was therefore to identify external partners who the Company could work with to explore opportunities for developing economically viable renewable electricity in Jersey in a way that would "socialise" the benefits across all customers (i.e. all customers having access to a share of the local renewables generated) and without it leading to higher power prices or higher taxation, as had been seen in other countries. Mr. Ambler explained that opportunities were emerging with partners and that JE was making good progress in facilitating this. Mr. Ambler also noted that the development of renewables in Jersey was unlikely to reduce the carbon intensity of electricity (as the electricity in Jersey was already decarbonised) but nevertheless there may be other legitimate reasons for pursuing local renewables. The Panel asked Mr. Ambler to explain the reasons behind the commercial stand-by charge. Mr. Ambler advised that the charge was not a new charge and had been in place for around 17 years. He explained that the stand-by charge was levied on commercial customers with an "embedded generator" which was serving the power need of an end customer but which was reliant on the power grid for back-up or standby. It was noted that this charge applied to all customers using embedded generators (including diesel engines or combined heat and power generators) and did not specifically target renewable generators. This was being done because there was a cost incurred by Jersey Electricity in providing an instantaneous "on-demand" back-up service (to a given capacity) for those situations when the sun doesn't shine; the wind doesn't blow; at slack tide or in the event that an embedded generator failed for whatever reason. If these costs were not recovered through the standby charge, other customers would have to pay higher electricity prices to cover the shortfall – and this raised an issue of equity or fairness across Jersey customers – with (typically) higher income developers in effect being subsidised by lower income groups as had been observed elsewhere. |
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Mr. Ambler commented that the States commissioned an independent NERA report which had concluded that the charge was reasonable and would promote efficient deployment of renewables. NERA had made a recommendation that the methodology around the calculation of the charge could have improved by being more sophisticated and detailed. Mr. Ambler explained that Jersey Electricity could have applied a more complex methodology to the calculation of the charge, however JE chose to keep the methodology simple as this would keep administrative costs lower (as these costs would need to be recovered from customers) and a more complex approach would have almost certainly led to even higher standby charges being levied to embedded generators, which was not in the interests of developers. Mr. Ambler explained that generators exporting all their power to the grid would receive a buy-back rate (which the Company had put in place more than a decade ago) but would not incur standby charges, as such generators would not benefit from a standby or backup service. The Panel asked what work, if any, Jersey Electricity were doing in respect of working with property developers to encourage the installation of solar power for water heating. Mr. Ambler advised that these conversations were happening with various parties across the industry and various technologies and solutions were being tested. The Panel also asked about the possibility of micro-grids and whether centralisation of power was preferred. Mr. Ambler advised that Jersey Electricity were open to the possibility of micro-grids and he believed that would be entirely compatible with and complementary of a centralised grid service which had an important role in providing "on demand" electricity and security of supply. It was recognised that Jersey Electricity was a listed company with a number of private investors and the Panel asked Mr. Ambler for his views on regulation of Jersey Electricity. Mr. Ambler advised that Jersey Electricity was already governed by the Electricity Law and the Competition Law. It was further explained that there were proportionate mechanisms already in place within the Electricity Law for Government, Ministers or the States Assembly to intervene if they felt Jersey Electricity was charging unreasonable prices; if JE was believed to be abusing its dominant position and was not acting in the best long term interests of the public. These mechanisms had historically proved effective and led to two independent investigations over the last 10 years both of which had concluded that JE was acting fairly and in the long term public interest. Furthermore, Mr. Ambler explained that Jersey Electricity had to comply with extensive rules around cost disclosure and transparency arising from the stock market listing in the UK. Mr. Ambler explained that if JE was to be regulated in a similar way to other jurisdictions, such as Guernsey, the costs of regulation would need to be recovered from customers (in the form of higher prices) and these costs could be significant. Regulation could be detrimental to Jersey Electricity's ability to make continued investment into the electricity network – which was important to security of supply and had been illustrated by underinvestment in electricity infrastructure in Guernsey. The Panel asked whether Government was liaising with Jersey Electricity in respect of a Sustainable Transport Plan. Mr. Ambler advised that one workshop had been held on this topic recently but that he felt that much more discussion and collaboration would be beneficial. Jersey Electricity had been working actively with third parties in the installation of public electric vehicle charging points, and that |
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charging spaces now numbered more than 20, including a rapid charger in St. Helier . More were being installed in public places and those that were publically accessible would be funded in full by the Company. In closing, Mr. Ambler commented that Jersey had a unique opportunity to completely de-carbonise the Island and that the investment made by JE in grid infrastructure had been engineered to facilitate a decarbonised Island. He further commented that whilst delivering a "carbon neutral" Jersey would be a challenge and would require close cooperation from all parties, Jersey Electricity was committed to working with Government to achieve this and believed it was potentially within reach – and arguably faster and at a lower cost than many other countries, islands and cities. The Panel thanked Mr. Ambler for his time and he exited the meeting. |
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3. Government Plan
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4. Letter from the Minister for Children and Housing The Panel discussed a letter received from the Minister for Children and Housing regarding disability and housing provision which had been prompted by correspondence from a member of the public who was concerned that housing for individuals with disabilities was not being considered enough of a priority by the Government. The letter from the Minister outlined further work the Housing Policy Development Board would be undertaking to address this. It was agreed that the Officer would check whether the member of the public had also received this information from the Minister, but otherwise no further action was required by the Panel at this time. | NH |
5. 90% Market Rent Policy Review - update The Panel noted that the Housing Policy Development Board had provided Terms of Reference for its review on the 90% market rent policy, however this did not appear to include an assessment of the impact of changes to the policy on other social housing providers. It was also unclear as to whether the assessment of impact on tenants would be across all social housing tenants or just tenants of Andium Homes. It was agreed that further questions would be posed to the Minister for Children and |
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Housing at the upcoming public quarterly hearing. |
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6. Public Health and Safety (Rented Dwellings) Licensing Regulations The Officer advised the Panel that the Lead Officer from the Department for Growth, Housing and Environment had advised that the consultation report had recently been finalised and was being presented to the Minister for the Environment that week. It was expected that Scrutiny would receive the report shortly after this time, along with an update on the expected lodging date. |
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7. Future Meetings It was noted that the Panel's next scheduled meeting would take place on Tuesday 3rd September 2019 at 09:30am in the Le Capelain Room, States Building. |
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Environment, Housing and Infrastructure Scrutiny Panel
Record of Meeting
Date: 3rd September 2019
Present | Connétable John Le Maistre, Vice-Chairman Connétable Sadie Le Sueur -Rennard Deputy Kirsten Morel Deputy Inna Gardiner |
Apologies | Connétable Mike Jackson , Chairman |
Absent |
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In attendance | Ms. Jacqui Carrel [item 2 only] Miss Nikita Hall , Scrutiny Officer |
Agenda matter | Action |
1. Record of Meetings The Panel agreed to defer this item until the next meeting on 17th September 2019. |
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2. Informal meeting on glyphosates The Panel met with Ms. Jacqui Carrel to understand further her research and views on glyphosates. The Vice-Chairman welcomed Ms. Carrel to the meeting. Ms. Carrel introduced herself and gave a brief overview of what glyphosates were – a herbicide used on living plants – as well as her research on the effects they had on humans and other animals. A summarised information leaflet was handed to the Panel for their information. The Panel asked Ms. Carrel for her views on why glyphosate should be banned and not other agro-chemicals. Ms. Carrel advised that glyphosate was the main focus in her work as this was the most ubiquitous of all agro-chemicals. The Panel also asked where her evidence of the harmful effects of glyphosates came from. Ms. Carrel advised that there were several academic studies cited on Google Scholar. The Panel commented that crop yield did not appear to be decreasing with the use of glyphosate and in fact yield was increasing. Ms. Carrel advised the Panel that she was more concerned with the nutrient quality of plants degrading, rather than crop yield. The Panel asked Ms. Carrel for her thoughts on what alternatives could replace glyphosate as an effective herbicide, if it were to be banned. Ms. Carrel advised that regenerative methods of farming would be preferred and that any ban should be introduced as a phased approach to limit any severe impact on the agricultural industry. The practicality of regenerative farming was discussed, and the Panel noted that there was potential for unintended consequences with the agricultural industry turning to other herbicides (which could prove more harmful to the environment), unless a safe alternative could be found. It was noted that France had committed to banning glyphosate, but only once an alternative herbicide had been found to replace it. The only other European country which had committed to banning glyphosate completely was Austria from 2020. |
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The Panel commented that it would be difficult for Jersey to implement a ban when the Government Officials relied on assessments from international bodies which had not called for a ban of the product at this time. The Panel noted that rigorous testing was carried out on Jersey produce which showed no harmful levels of glyphosate in local produce. Ms. Carrel advised the Panel that her concerns were mainly around produce imported into Jersey. The Panel asked which studies had reported the impacts of glyphosate on human health and Ms. Carrel advised that the studies were noted in her report which was available online. In closing, it was noted that without a suitable alternative for glyphosate identified, there was no clear way forward for Jersey at this time, although Ms. Carrel advocated that more collaboration between Government and stakeholders on the use of glyphosates would, in her view, be beneficial to help come to an agreed solution. The Panel thanked Ms. Carrel for her time and she exited the meeting. The Officer was requested to find out from the Department for Growth, Housing and Environment as to whether they carried out testing on glyphosate mixed products or just solely glyphosate. | NH |
3. Government Plan The Panel noted that responses from Ministers had not yet been received. The Officer advised the Panel that extensions had been requested from all Ministers and that all requested supporting information should be with the Panel by Friday 6th September. The Panel discussed an initial draft question plan based on projects and actions under the remit of the Minister for Children and Housing. It was noted that some questions had been highlighted as possible written questions to be sent to the Minister ahead of the public hearing. The Officer was requested to draft a letter to the Minister with these written questions. The Panel also agreed to include some additional questions for the public hearing. The Panel agreed that lines of questioning for identified stakeholders would be deferred until further supporting information was made available from Ministers/Departments. The Panel noted the following revised public hearing dates for the review: Minister for Children and Housing – Friday 27th September 2019 Minister for the Environment – Tuesday 1st October 2019 Minister for Infrastructure – Thursday 19th September 2019. | NH |
4. Quarterly Hearing: Minister for Infrastructure The Panel discussed a question plan and prepared for the upcoming hearing with the Minister. |
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5. Public Health and Safety (Rented Dwellings) Licensing Regulations |
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The Officer advised the Panel that the public consultation report was due to be provided to the Panel the previous week but had not been received. The Officer advised that the Department for Growth, Housing and Environment had been contacted for a further update. The Officer would forward on the report and update on the anticipated lodging date as soon as this was made available. | NH |
6. Future Meetings It was noted that the Panel's next scheduled meeting would take place on Tuesday 17th September 2019 at 09:30am in the Le Capelain Room, States Building. |
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Meeting held by electronic mail
Date: 18th September 2019
Present | Connétable Mike Jackson , Chairman Connétable John Le Maistre, Vice-Chairman Deputy Kirsten Morel Deputy Inna Gardiner |
Apologies | Connétable Sadie Le Sueur -Rennard |
Absent |
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In attendance | Miss Nikita Hall , Scrutiny Officer |
Agenda matter | Action |
1. Government Plan Review Hearing with the Minister for Infrastructure The Panel agreed to proceed with the review hearing inquorate, with two members present, on Thursday 19th September 2019. This decision was taken due to a lack of suitable alternative dates to hold the hearing in the short timeframe available and therefore could potentially be disadvantageous to the Scrutiny process not to proceed as scheduled. |
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Date: 1st October 2019
Present | Connétable Mike Jackson , Chairman Connétable Sadie Le Sueur -Rennard Deputy Kirsten Morel Deputy Inna Gardiner |
Apologies | Connétable John Le Maistre, Vice-Chairman |
Absent |
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In attendance | Miss Nikita Hall , Scrutiny Officer |
Agenda matter | Action |
1. Record of Meetings The Panel approved the records of the meetings held on 20th August, 3rd September and 18th September 2019. |
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2. Government Plan The Panel discussed a question plan for the upcoming review hearing with the Minister for the Environment. The Panel agreed to include some additional questions. |
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3. Public Health and Safety (Rented Dwellings) Licensing Regulations The Panel discussed a briefing on the regulations which was previously facilitated by the Department for Growth, Housing and Environment with two of the panel members present. The Panel also discussed recent email correspondence from the Department suggesting that the Minister for the Environment wished to lodge the regulations imminently, for debate in November 2019. The Panel agreed this would not be sufficient time for Scrutiny to scrutinise the regulations and that three months would be required to conduct a review. It was noted that this had been communicated to the Minister and the Department previously on three separate occasions. The Officer was requested to draft a letter to the Minister confirming this and to send to the Chairman for his prior approval. | NH |
4. Quarterly Hearing with the Minister for the Environment The Panel discussed a question plan and prepared for the upcoming hearing with the Minister for the Environment. |
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5. Elizabeth Marina pollution – Horizon development The Panel deferred this item until the next meeting, due to time constraints. |
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6. Future Meetings |
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It was noted that the Panel's next scheduled meeting would take place on Wednesday 2nd October 2019 at 11:30am in the Blampied Room, States Building. |
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Date: 2nd October 2019
Present | Connétable Mike Jackson , Chairman Connétable Sadie Le Sueur -Rennard Deputy Kirsten Morel Deputy Inna Gardiner |
Apologies | Connétable John Le Maistre, Vice-Chairman |
Absent |
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In attendance | Miss Nikita Hall , Scrutiny Officer |
Agenda matter | Action |
1. Government Plan Review – Evidence de-brief The Panel met to discuss each program, action and capital project they had been assigned to scrutinise, and to rate their status using the RAG' (red, amber, green) rating system. The Panel discussed a few of the programs and their statuses, with regard to the evidence received. However, it was decided that due to this being a lengthy process, and with limited time available during the meeting, that they would consider these individually and correspond over email with any input and suggestions. Before members left the meeting, it was agreed that in respect of the Climate Emergency Fund, the Panel wished to consider making an amendment to change which fund the money was allocated from. The Officer was requested to further investigate the practicalities and process of making this amendment. | NH |
Meeting held by electronic mail
Date: 7th October 2019
Present | Connétable Mike Jackson , Chairman Deputy Kirsten Morel Deputy Inna Gardiner |
Apologies | Connétable John Le Maistre, Vice-Chairman Connétable Sadie Le Sueur -Rennard |
Absent |
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In attendance | Miss Nikita Hall , Scrutiny Officer |
Agenda matter | Action |
1. Draft Public Health and Safety (Rented Dwellings) Licensing Regulations The Panel approved a Scoping Document and Terms of Reference for a review on the above. The Officer was requested to circulate both documents to the Scrutiny Liaison Committee for approval. | NH |
Date: 15th October 2019
Present | Connétable Mike Jackson , Chairman Connétable John Le Maistre, Vice-Chairman Connétable Sadie Le Sueur -Rennard Deputy Kirsten Morel Deputy Inna Gardiner |
Apologies |
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Absent |
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In attendance | Mr. David Whalley [item 2 only] Dr. Louise Magris, Director of Environmental Policy, Strategic Policy, Planning and Performance [item 3 only] Mr Steven Skelton, Director of Strategy and Innovation, Strategic Policy, Planning and Performance [item 3 only] Miss Nikita Hall , Scrutiny Officer |
Agenda matter | Action |
1. Record of Meetings The Panel approved the records of the meetings held on 1st, 2nd and 7th October 2019. |
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2. Informal meeting regarding Foreshore Encroachment Compensation Policy The Panel met with David Whalley to hear his experience of how the Foreshore Encroachment Compensation Policy had impacted on him. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 41. |
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3. Briefing: Carbon Neutral Strategy The Panel received Officers from the Department for Strategic, Policy, Planning and Performance who gave a PowerPoint presentation on the current status of the Carbon Neutral Strategy. Officers advised the Panel that the drafting of a Carbon Neutral Strategy had been instigated by the States Assembly adopting P.27/2019 and declaring a Climate Emergency. A discussion took place as to the definition and concept of carbon neutrality' and zero emissions versus net-zero emissions. The Panel was advised that the content of the Carbon Neutral Strategy would encompass:
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Officers explained that proposed emissions that would be targeted to reach carbon neutrality were:
A discussion took place on carbon offsetting and that it was unlikely Jersey would be able to reach zero emissions by 2030 without carbon offsets. However, Officers explained that as on-Island emissions got closer to zero, the amount of carbon offsets that would have to be purchased would reduce. Officers advised the Panel that part of the strategy would include a citizen engagement consultation to seek public views. It was acknowledged that a behavioural change was required at general public level, in order to succeed in reaching zero emissions. With regard to the timeline of the delivery of the Carbon Neutral Strategy, the Panel was advised that it would be delivered in two stages. The first stage being to lodge a first phase strategy in December 2019 and launch the Big Climate Conversation' consultation. The second phase would commence in 2020 with a States debate on the first phase strategy; a conclusion of the Big Climate Conversation'; and then to finalise, lodge and debate the Carbon Neutral Strategy. The Panel thanked Officers for their time and they vacated the meeting. |
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4. Government Plan The Panel discussed evidence received from submissions and the public hearings held with Ministers. In respect of the Climate Emergency Fund, the Panel discussed a proposed amendment to alter the proposed transfer of funds from the Consolidated Fund to the Strategic Reserve Fund. The Panel considered a response from Treasury as to why the Consolidated Fund was proposed and not the Strategic Reserve Fund, however, the Panel was still of the opinion that funding for a Climate Emergency should be provided from the Strategic Reserve Fund. The Officer was requested to investigate further the amendment process and the Panel agreed to send their thoughts via email as to the wording and justification of the amendment. In respect of the Government Plan action To Enhance the St. Helier Urban Environment', the Panel highlighted concerns over a lack of coordination and engagement with stakeholders and requested the Officer write to the Parish of St. Helier to understand further what involvement the Parish had with the project. The Officer advised that this was possible within the remaining timeline of the review, providing the Parish of St. Helier was able to make a submission within the next 7 days. | ALL NH |
5. Public Health and Safety (Rented Dwellings) Licensing Regulations The Officer advised the Panel that the review had now been launched online, through social media channels and a news release had also been distributed to the media. Constable Le Maistre and Deputy Morel both noted for the record that they owned property which they rented out to tenants. |
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The Panel discussed initial requests for stakeholder submissions. It was agreed to target stakeholders who had provided a submission to the Department for Growth, Housing and Environment's public consultation, in addition to some other identified stakeholders. The Officer advised that letters to stakeholders would be drafted the following week. | NH |
6. Elizabeth Marina pollution – Horizon development The Panel discussed email correspondence from Earth Project Jersey concerning the above and agreed to write to the Minister for the Environment to request an update. The Officer was requested to draft a letter to the Minister for the Chairman to approve and to respond to Earth Project Jersey's email. | NH |
7. Future Meetings It was noted that the Panel's next scheduled meeting would take place on Thursday 24th October 2019 at 2:00pm in the Le Capelain Room, States Building. |
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Date: 24th October 2019
Present | Connétable Mike Jackson , Chairman Connétable John Le Maistre, Vice-Chairman Deputy Kirsten Morel Deputy Inna Gardiner |
Apologies | Connétable Sadie Le Sueur -Rennard |
Absent |
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In attendance | Miss Nikita Hall , Scrutiny Officer |
Agenda matter | Action |
1. Government Plan Review – Draft Report The Panel met to discuss and approve its draft report ahead of distribution to Ministers/Departments/Stakeholders for factual checking. The Panel made some revisions to the draft and approved the report. The Officer was requested to distribute the report for factual checking, excluding findings and recommendations. The Panel also discussed possible amendments to the Government Plan in respect of proposed parking charges and fuel duty increases. The Officer was requested to investigate further potential amendments based on the Panel's concerns. | NH NH |
Date: 29th October 2019
Present | Connétable Mike Jackson , Chairman Deputy Kirsten Morel Deputy Inna Gardiner |
Apologies | Connétable John Le Maistre, Vice-Chairman Connétable Sadie Le Sueur -Rennard |
Absent |
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In attendance | Miss Nikita Hall , Scrutiny Officer |
Agenda matter | Action |
1. Record of Meetings The Panel approved the records of the meeting held on 15th October 2019. |
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2. Government Plan The Panel noted some comments from stakeholders in respect of the factual accuracy of the Panel's report. The Panel discussed email correspondence received from the Minister for the Environment who voiced concerns regarding the Climate Emergency Fund section of the Panel's report. After discussion, the Panel agreed that that the detail contained within the report was an objective and factually correct account based on the evidence received from stakeholders and the Minister. The Panel approved an Amendment to the Government Plan 2020 in respect of the source of the transfer of £5m in funds to the Climate Emergency Fund. The Panel discussed the proposal in the Efficiencies Plan to extend the hours for public parking charges and agreed that this was not considered to be an efficiency saving, but instead a revenue raising measure. The Panel also discussed the Government Plan Review Panel's proposed amendment to temporarily remove the Efficiencies Plan from the Government Plan and for it to be lodged for debate in January 2020 to allow enough time for Scrutiny to consider the proposals. The Officer advised the Panel that in respect of the proposal to extend the parking charges, the Minister for Infrastructure would have to bring forward a separate Order to be able to implement this which would still enable the Panel to scrutinise this further, should the overarching Amendment to temporarily remove the Efficiencies Plan from the Government Plan be defeated. It was also agreed to keep the Panel's recommendation in the report to remove this particular proposal from the Efficiencies Plan until such time as a full impact assessment has been undertaken and provided to the Panel for further scrutiny, prior to implementation. The Officer advised the Panel that a financial analysis had been requested from Treasury and Exchequer in respect of the Panel's proposed Amendment to temporarily reduce the fuel duty from 6p to 4p until an impact assessment has been carried out. The Officer would forward this to the Panel as soon as it was available and draft an Amendment accordingly. | NH |
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3. Public Health and Safety (Rented Dwellings) Licensing Regulations The Officer advised the Panel that requests for targeted stakeholder submissions had been sent the previous week. The Officer was requested to write to three further stakeholders. The Panel discussed possible upcoming public review hearing dates with the Minister for the Environment and the Minister for Children and Housing. The Officer was requested to liaise with the Ministerial Support Unit regarding 19th November and 3rd December as possible hearing dates. | NH NH |
4. Elizabeth Marina pollution – Horizon development The Panel noted that a response from the Minister for the Environment to the Panel's letter dated 25th October 2019 was being awaited. The Officer advised that a response would be circulated to the Panel by email once it was available. | NH |
5. Foreshore Encroachment Policy The Panel noted correspondence received from the Minister for Infrastructure regarding a delay to the completion of Jersey Property Holdings' review on the policy. It was further noted that an explanation for the delay was not given. The Officer was requested to draft a letter in response asking for an explanation to be provided. | NH |
6. Invitation to visit Warwick Farm The Panel noted email correspondence from Earth Project Jersey which invited the Panel to attend a tour of operations at Warwick Farm in respect of Jersey Hemp, Credible Food and the Jersey Tea Company. The Panel agreed that a visit would be worthwhile and would discuss this further at their next meeting, in order to give other Panel members the opportunity to express their interest in the visit and to identify any suitable dates. The Officer was requested to respond to Earth Project Jersey advising that their invitation would be discussed further with other Panel members at the next Panel meeting on 19th November 2019. |
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7. Future Meetings It was noted that the Panel's next scheduled meeting would take place on Tuesday 5th November 2019 at 2:00pm in the Le Capelain Room, States Building. |
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Meeting held by electronic mail
Date: 4th November 2019
Present | Connétable Mike Jackson , Chairman Connétable John Le Maistre, Vice-Chairman Connétable Sadie Le Sueur -Rennard Deputy Kirsten Morel Deputy Inna Gardiner |
Apologies |
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Absent |
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In attendance | Miss Nikita Hall , Scrutiny Officer |
Agenda matter | Action |
1. Government Plan 2020 Review – Final Report The Panel approved its final report and noted that it would be passed onto the Government Plan Review Panel for consolidation with other Panel reports and to be formally presented to the States Assembly ahead of the debate. |
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Date: 5th November 2019
Present | Connétable Mike Jackson , Chairman Connétable John Le Maistre, Vice-Chairman Deputy Kirsten Morel Deputy Inna Gardiner |
Apologies | Connétable Sadie Le Sueur -Rennard |
Absent |
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In attendance | Miss Nikita Hall , Scrutiny Officer |
Agenda matter | Action |
1. Government Plan 2020 Review – Amendment The Panel met to discuss its proposed Amendment to the Government Plan on fuel duty. The Panel requested the Officer to make some changes to the draft Amendment and re-circulate a final draft to the Panel. The Panel agreed to approve the final version of the Amendment and Report on 7th November by email. The Panel also discussed email correspondence which the Chairman had received from Constable Simon Crowcroft which was seeking clarification on the details of the Panel's proposed Amendment. The Panel agreed that Constable Crowcroft be copied into the final version of the Amendment when this was circulated to the Panel by email. | NH |
2. Concerns raised by the Jersey Fishermen's Association The Chairman advised the Panel that he had spoken to the President of the Jersey Fishermen's Association (JFA) who had raised concerns regarding a recent drop in the level of catches and further fears over potential repercussions of Brexit. The Panel agreed to meet, in the first instance, with the Minister / Assistant Minister for the Environment and Officers from the Department for Growth Housing and Environment to receive an update on this matter and how engagement with industry was being delivered. After this meeting, it was agreed the Panel would meet with the President of the JFA to further understand their concerns. The Officer was requested to liaise with the Department and JFA to arrange these meetings. | NH |
3. Briefing on Sustainable Transport Plan The Officer was requested to arrange a briefing update from the Department for Growth, Housing and Environment on the Sustainable Transport Plan. | NH |
Meeting held by electronic mail
Date: 7th November 2019
Present | Connétable Mike Jackson , Chairman Connétable John Le Maistre, Vice-Chairman Connétable Sadie Le Sueur -Rennard Deputy Kirsten Morel Deputy Inna Gardiner |
Apologies |
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Absent |
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In attendance | Miss Nikita Hall , Scrutiny Officer |
Agenda matter | Action |
1. Government Plan 2020 Review – Fuel Duty Amendment The Panel approved its Amendment to the Government Plan and noted that the final draft would be passed onto the States Greffe Publications Editor to be lodged ahead of the debate. |
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Date: 19th November 2019
Present | Connétable Mike Jackson , Chairman Connétable John Le Maistre, Vice-Chairman Connétable Sadie Le Sueur -Rennard [items 1-5 only] Deputy Inna Gardiner [items 2, 6-10 only] |
Apologies | Deputy Kirsten Morel Connétable Sadie Le Sueur -Rennard [items 6-10 only] Deputy Inna Gardiner [items 1, 3-5 only] |
Absent |
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In attendance | Deputy Gregory Guida, Assistant Minister for the Environment [item 2 only] Mr William Peggie, Director - Natural Environment, Growth, Housing and Environment [item 2 only] Mr Greg Morel , Assistant Director, Marine Resources, Growth, Housing and Environment [item 2 only] Mr Paul Chambers, Marine and Coastal Manager, Growth, Housing and Environment [item 2 only] Mr Ben Markwell-Sales, PA to Minister for the Environment, Ministerial Support Unit [item 2 only] Deputy David Johnson , States Member [item 2 only] Miss Nikita Hall , Scrutiny Officer |
Agenda matter | Action |
1. Records of Meetings The Panel approved the records of the meetings held on 24th and 29th October and 4th, 5th and 7th November 2019. |
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2. Briefing: Marine Resources The Panel received the Assistant Minister for the Environment and Officers from Marine Resources for a briefing on the Granville Bay Treaty (GBT) and Brexit related matters. Deputy David Johnson was also invited to attend the briefing in his capacity as Vice-Chair of the Brexit Review Panel. The Chairman welcomed those present to the meeting and explained that the Panel had requested a briefing due to concerns raised from the Jersey Fishermen's Association over perceived disparities with the GBT between Jersey and France, diminishing stock levels and further uncertainty over Brexit. It was noted that the GBT was an agreement between Jersey and France. It did not include the United Kingdom, although as an International Treaty, was signed by the United Kingdom with Jersey being a Crown Dependency. It was further noted that the Treaty would continue to be in place post Brexit. It was noted that there was a concern and risk that disagreements over fishing territories in other areas post Brexit, such as the North Sea, could drive fishing efforts further south to the Granville Bay area. Therefore, potentially placing further pressure on local fish stocks. |
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It was noted that Guernsey was not party to the GBT, although vessels could access Jersey waters. Guernsey had a different relationship with France and accessing French waters, which was dealt with through the London Convention. It was further noted that there was a perceived imbalance between Jersey and Guernsey's relationship, in that only approximately 14 Jersey vessels had licences to fish in Guernsey waters. The Panel queried what level of engagement there was between Government and the Jersey Fishermen's Association and was advised that there was a good working relationship. Officers advised that they believed both parties had the same aim to improve fish stocks, although sometimes would disagree on the best way forward to achieve this aim. Officers advised the Panel that a revised draft of the GBT agreement was being worked on to improve parity and a better deal for Jersey. Although, as this required decisions and agreement between both France and Jersey, it was proving to be a lengthy process. Officers advised the Panel that Government's preferred outcome after Brexit and following a review of the GBT was for the agreement to continue but with more control to be able to improve the level of fish stocks. The Panel requested to see a copy of the revised draft agreement and it was agreed this would be circulated to the Panel, in confidence, after the briefing. The Panel thanked the Assistant Minister, Officers and Deputy Johnson for attending the briefing and they left the meeting. |
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3. Government Plan The Panel noted that the consolidated Scrutiny report (S.R.13/2019) had been lodged au Greffe by the Government Plan Review Panel on 11th November 2019 and that a Ministerial Response was expected by 23rd December 2019. The Panel approved an addendum to their Government Plan Amendment (P.71/2019(Amd)(4)). The addendum wording noted that this would require a law change to the Draft Finance Law which would be proposed by the Minister for Treasury and Resources. The Officer advised the Panel that this Amendment could either be voted on by the Assembly en bloc' or could be voted on separately by voting for paragraph a and then paragraphs c and f(ii) together (noting that the latter two must be voted on together). The Officer further advised the Panel that if the Panel's aim of the Amendment was to ensure that the 2p reduction came from what was proposed to be allocated to the Climate Emergency Fund, and not General Revenue, then it would be would be prudent to take a vote en bloc. It was further discussed that should there be a risk the Panel might lose support for the entire Amendment by taking en bloc, then consideration would be given to separate voting on the paragraphs. The Panel agreed to judge the mood of the Assembly during the debate and see if any requests to vote separately for paragraph a were made. |
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4. Public Health and Safety (Rented Dwellings) Licensing Regulations |
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The Panel noted the deadline for submissions to the Review had been extended to Thursday 21st 2019 at the request of the Jersey Landlord's Association (JLA) The Panel discussed a request from the JLA to attend a public hearing. It was noted, however, that the President of the JLA was unavailable from 3rd – 21st December 2019 and had requested the hearing take place the week before. The Panel agreed that a hearing would not be possible that week as it was the week of the Government Plan debate. A discussion took place as to whether it was necessary to hold a public hearing, if a detailed submission was instead provided by the JLA, it being noted that further follow up questions could also be dealt with in writing. It was agreed that the JLA should be invited to a public hearing on 7th January 2020. The Officer was requested to liaise with the JLA and to draft a letter to the Minister for the Environment to request delaying the debate until the States sitting on 4th February 2020, in order to allow more time for the evidence to be gathered and to finalise the Panel's report. The Panel also discussed some areas of questioning and points of clarification to include in the question plan for the review hearing with the Minister for the Environment. | NH |
5. Elizabeth Marina pollution – Horizon development The Panel noted that, following the outcome of court proceedings, a fine of £10,000 had been issued to a French construction firm. The Officer was requested to investigate how the fine level was defined / set, as well as the parameters which dictated when a legal case was elevated from the Magistrate's Court to the Royal Court. It was also agreed to question the Minister for the Environment further on this at the next public quarterly hearing. The Panel agreed to circulate any specific questions, in order for the Officer to include in the question plan. | NH NH |
6. Invitation to visit Warwick Farm The Panel discussed an invitation from Earth Project Jersey to tour the current operations at Warwick Farm. The Panel agreed a visit would be worthwhile and suggested a date of 4th December 2019. The Officer was requested to liaise with Earth Project Jersey to determine whether a visit was feasible on this day and if so, to circulate an outlook invitation to the Panel. | NH |
7. Meeting and Quarterly Hearing dates 2020 The Panel approved the proposed scheduled dates for meetings and quarterly hearings in 2020. The Officer was requested to circulate outlook invitations accordingly. | NH |
8. Letter from Minister for the Environment The Panel discussed recent correspondence from the Minister for the Environment, following the Panel's request for factual checking of its Government Plan Review report. The Officer was requested to draft some wording in response to the letter for the Chairman to approve by email. | NH |
9. Foreshore Encroachment Policy |
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Environment, Housing and Infrastructure Scrutiny Panel
Record of Meeting
Date: 3rd December 2019
Present | Connétable Mike Jackson , Chairman Connétable John Le Maistre, Vice-Chairman Deputy Kirsten Morel Deputy Inna Gardiner |
Apologies | Connétable Sadie Le Sueur -Rennard |
Absent |
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In attendance | Senator Sam Mézec , Minister for Children and Housing [items 5 & 6 only] Andrew Scate, Group Director Regulation, Growth, Housing Environment [items 5 & 6 only] Jack Norris, Policy Principal, Strategic Policy, Planning and Performance [items 5 & 6 only] Deputy John Young, Minister for the Environment [item 5 only] Stewart Petrie, Director of Environmental Health, Growth, Housing and Environment [item 5 only] Alison du Bourcier, Acting Director of Environmental Health, Growth, Housing and Environment [item 5 only] Richard Jouault, Assistant Director Social Policy, Strategic Policy, Planning and Performance [item 6 only] Miss Nikita Hall , Scrutiny Officer Ms Lindsey Power, Assistant Scrutiny Officer |
Agenda matter | Action |
1. Record of Meeting The Panel approved the record of the meeting held on 19th November 2019. |
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2. Briefing: Sustainable Transport Policy It was noted that this briefing had been postponed until the next Panel meeting on 17th December, although the Officer was still awaiting confirmation of this. The Officer was requested to circulate the previous 2010 Sustainable Transport Policy to the Panel. | NH |
3. Government Plan The Panel discussed the recent Government Plan debate. It was felt that the consolidated Scrutiny Report, whilst thorough and detailed, was perhaps too lengthy and most States Members would not have been able to review it all in depth, prior to the debate. It was suggested that, for the next Government Plan Review, an overarching summary document could be produced by the Government Plan Review Panel outlining the most significant concerns raised by all Panels. The Officer advised the Panel that there were initial discussions taking place at Officer level as to the best approach to take with the next Government Plan Review and that this would be something which would likely be reviewed with Scrutiny Members' input going forward. |
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4. Public Health and Safety (Rented Dwellings) Licensing Regulations (P.106/2019) Review The Panel noted the Minister for the Environment had confirmed to the Chairman that the Panel's request to defer the debate until 4th February 2020 was acceptable. The Panel discussed and agreed an initial draft Heads of Report with a few small additions. It was noted that the majority of submissions received were from Landlords and therefore the Panel would need to be mindful of this when producing a balanced report. The Panel considered a question plan for the upcoming joint review hearing with the Minister for the Environment and the Minister for Children and Housing, noting that the question plan included questions based around the key themes which had been raised in submissions. |
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5. Public Review Hearing with the Minister for Children and Housing and the Minister for the Environment The Panel received Senator Sam Mézec , Minister for Children and Housing, Deputy John Young, Minister for the Environment, Andrew Scate, Group Director Regulation, Stewart Petrie, Director of Environmental Health, Alison de Bourcier, Acting Director of Environmental Health and Jack Norris, Policy Principal for a public hearing in respect of its review on P.106/2019. The proceedings were webcast live and a recording was made so that a transcript could be produced. The Officer was requested to draft a letter to the Minister for the Environment with some additional follow up questions after the hearing. | NH |
6. Quarterly Hearing with the Minister for Children and Housing The Panel received Senator Sam Mézec , Minister for Children and Housing, Andrew Scate, Group Director Regulation, Jack Norris, Policy Principal and Richard Jouault, Assistant Director Social Policy for a public quarterly hearing. The proceedings were webcast live and a recording was made so that a transcript could be produced. The Officer was requested to draft a letter to the Minister with some additional follow up questions after the hearing. | LP |
7. Invitation to visit Jersey Water Treatment and Desalination Plant The Panel discussed an invitation from Jersey Water to visit the water treatment and desalination plant. The Panel requested the Officer proceed with arranging a suitable date in the New Year. | LP |
8. Protection of Trees The Panel discussed the protection of trees and the apparent lack of legislation to prevent trees being felled on private property. The Panel agreed to consider undertaking some work on this in the future. |
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9. Correspondence from a member of the public |
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The Panel discussed recent email correspondence from a member of the public which complained about the lack of sufficient family parking bays in public car parks. It was agreed the Panel would raise the matter with the Minister for Infrastructure at the next Quarterly Hearing. |
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10. Future Meetings It was noted that the Panel's next scheduled meeting would take place on Tuesday 17th December at 09:30am in the Le Capelain Room, States Building. |
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The Panel discussed recent correspondence from the Minister for Infrastructure which outlined the reasons for the delay in finalising Jersey Property Holding's review of the Foreshore Encroachment Policy. It was agreed that further updates and questioning would be asked of the Minister at the next quarterly hearing in January 2020. The Officer advised that this would be noted down as an area of questioning for the hearing. | NH |
10. Future Meetings It was noted that the Panel's next scheduled meeting would take place on Tuesday 3rd December at 09:30am in the Le Capelain Room, States Building. |
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Environment, Housing and Infrastructure Scrutiny Panel
Record of Meeting
Date: 17th December 2019
Present | Connétable Mike Jackson , Chairman Connétable John Le Maistre, Vice-Chairman Connétable Sadie Le Sueur -Rennard Deputy Kirsten Morel |
Apologies | Deputy Inna Gardiner |
Absent |
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In attendance | Minister for the Environment (Item 5 only) Andrew Scate. Group Director – Regulation (Item 5 only) Jane Burns, Eco-Active Programme Manager (Item 5 only) Steve Skelton, Director of Strategy and Innovation (Items 2, 3 and 5 only) Louise Magris, Director of Environmental Policy (Items 2,3, and 5 only) Tristen Dodd, Director of Transport (Item 3 only) Allyson Holmes, Strategic Planning and Communications Manager (Item 3 only) Robert Haywood, Senior Transportation Planner (Item 3 only) Lisette Jones, Environmental Policy Officer (Item 3 only) Ms Lindsey Power, Assistant Scrutiny Officer |
Agenda matter | Action |
1. Record of Meeting The Panel approved the record of the meeting held on 3rd December 2019. |
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2. Briefing: Carbon Neutral Strategy The Panel welcomed Steve Skelton, Director of Strategy and Innovation and Louise Magris, Director of Environmental Policy for a private briefing on the Carbon Neutral Strategy. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 34. |
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3. Briefing: Sustainable Transport Policy The Panel received Steve Skelton, Director of Strategy and Innovation, Louise Magris, Director of Environmental Policy, Tristen Dodd, Director of Transport, Allyson Holmes, Strategic Planning and Communications Manager, Robert Haywood, Senior Transportation Planner and Lisette Jones, Environmental Policy Officer for a private briefing on the Sustainable Transport Policy. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 34. |
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4. Public Health and Safety (Rented Dwellings) Licensing Regulations (P.106/2019) Review The Panel discussed the matters raised at the Public Hearing with the Minister for the Environment and the Minister for Children and Housing that had taken place on 3rd December 2019 and the response received from Minister for the Environment to the written questions raised subsequently. |
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The Panel requested the Officer to submit some further written questions to the Minister for the Environment. It was noted that an Appendix to the Minister's response detailing the forecasted income from the proposed licensing scheme was yet to be provided. The Panel noted that most of the submissions received had been from landlords of rented dwellings and that it had received very few from tenants. In order to be informed of the tenants issues the Panel requested the Officer to write to the Citizens Advice Bureau requesting details of the number and type of complaints received from tenants. The Panel approved the draft question plan for the public hearing with the Jersey Landlord's Association scheduled for 7th January 2020. | LP LP |
5. Quarterly Hearing with the Minister for the Environment The Panel received Deputy John Young, Minister for the Environment, Andrew Scate, Group Director Regulation, Steve Skelton, Director of Strategy and Innovation, Louise Magris, Director of Environmental Policy and Jane Burns, Eco-Active Programme Manager for a public quarterly hearing. The proceedings were webcast live and a recording was made so that a transcript could be produced. The Officer was requested to draft a letter to the Minister with some additional follow up questions after the hearing. | LP |
6. Future Meetings It was noted that the next meeting would take place at 9.30am on 14th January 2020 in Le Capelain Room, States Building. |
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