With current rates of inflation in house prices allegedly at 20 per cent, what does the Minister propose to do to address the problems in the current housing market for those who are on low to middle incomes?

Answer

The rate of increase in house prices is something which is of a concern; although we must appreciate that some growth is perfectly normal and is indicative of a healthy and buoyant economy. Members will recall that in approving the Social Housing Property Plan 2007 – 2016 last year, a mechanism was put in place for the sale of some 800 homes to States Tenants over a ten year period with the assistance of a deferred payment scheme. The first tranche of these sales took place in December 2007 and there are more to follow in the weeks and months to come.

Following this, the Minister for Planning and Environment and I turned our attention to how we might assist those other aspiring first time buyers, who were without the means to pay the current market price for a home on a rezoned site. The Minister for Planning and Environment will shortly be putting a paper out for consultation which will discuss our proposals for the introduction of ‘Jersey Homebuy’ a scheme which will allow qualifying buyers to acquire a new home on one of the remaining H2 sites for 65% of the normal first time buyer market price. This will represent a significant step in meeting the growing demand for affordable homes.

1.2 DEPUTY P.V.F. LE CLAIRE OF ST. HELIER OF THE CHAIRMAN OF THE PRIVILEGES AND PROCEDURES COMMITTEE REGARDING APPOINTMENTS MADE ‘IN CAMERA’:

Question

In July 2006 the issue of appointments in camera led to consideration of a review of future appointments, for which the Privileges and Procedures Committee circulated an extensive list; some of which were covered by law. Would the President update members as to the progress that has been made, if any, in these areas?

Will the Chairman advise whether changes will be brought to the States to remove the need for uncontentious appointments to be made in-camera and if so, will he ensure that amendments to the list of appointments can be brought if desired by States members?

Answer

As mentioned in the question the issue of appointments made by the States was considered in 2006 after the decision of the States to sit in camera to discuss the appointment of a new Chairman of the Waterfront Enterprise Board. At that time PPC nevertheless made it clear that, in its view, the issue of appointments being made in camera was a secondary issue to the more fundamental issue if whether or not appointments should be made by the States at all. Having reviewed the list of appointments in 2006 PPC saw no reason why the majority needed to be made by the States, particularly as many appointments are now made with the involvement of the Appointments Commission.

The requirement for appointments to be made by the States comes, in the majority of cases, from relevant legislation. Some legislation then requires the appointments to be made in camera, for example the Financial Services Commission (Jersey) Law 1998 as it relates to the appointment of Commissioners. In addition some legislation requires appointments to be made ‘on the recommendation’ of a certain Minister which prevents amendments, as mentioned in the question.

If changes are to be made to legislation to remove the requirement for States involvement in certain appointments, or to remove the requirement for these to be made in camera, the relevant amendments would not be brought forward by PPC but by the appropriate Ministers who are responsible for the legislation in question. PPC is not aware of any Ministers who have initiated a review into the appointments for which they are responsible since the issue was raised in 2006 and the Committee will therefore undertake to circulate the list of appointments to all relevant Ministers. The Committee will ask Ministers to review whether the appointments need to be made by the States in all cases and, if so, whether there is any justification for a statutory requirement for the appointment in question to be made in camera. Standing Orders allow the States to agree to sit in camera at any time and PPC’s view is that this facility is preferable to a statutory requirement to sit in camera even when members have no particular desire to do so.

1.3 DEPUTY P.V.F. LE CLAIRE OF ST. HELIER OF THE MINISTER FOR HOUSING REGARDING ‘(J)’ CATEGORY HOUSE PURCHASES AND HOUSING AVAILABILITY:

Question

On 4th December 2007 it was alleged by Deputy G.P. Southern of St. Helier that (j) category house purchases represented 7% of the market, despite the fact that this sector equated to only 2% of the population. Does the Minister agree with these calculations and, if so, does he consider that this is affecting the movement within the housing market and the availability of housing in Jersey?

Answer

It is true to say that (j)s purchase on average 7% of properties, and that the 1,700 (j)s working in the island comprise just 2% of the total population of 89,300. it is equally the case that the total population includes a range of people who cannot buy, or would normally not buy, for example, 9,000 people are not locally qualified for housing purposes, 30,000 are under 16 or over 16, and many more local people will likely live with each other and purchase jointly. As such, while some comparison of these percentages may be instructive, it should not be taken too far.

Ultimately, it continues to hold that the vast majority of purchases - over 90% - are made by people qualified under the Housing Law following a long period of residence, and it is this fact that is most pertinent in understanding changes in house prices.

1.4 DEPUTY P.V.F. LE CLAIRE OF ST. HELIER OF THE CHAIRMAN OF THE PRIVILEGES AND PROCEDURES COMMITTEE REGARDING A MACHINERY OF GOVERNMENT REVIEW OF NON ELECTED MEMBERS:

Question

Does the Privileges and Procedures Committee plan to begin a consultation process regarding the Review of the Machinery of Government in relation to the non-elected members of the States?

Answer

The recent review of the machinery of government reforms, on which the Privileges and Procedures Committee has already reported (R.105/2007 refers), had detailed terms of reference and looked at the changes that had already been made. The Committee is currently consulting on the recommendations made.

The review into the composition and election of the States Assembly was a separate piece of work, and the Committee was disappointed that following lengthy consideration, no changes have been made in relation to the composition and election of elected members.

The Committee has no plans to review the role of non-elected members in the Assembly. Any review of non-elected representatives would have far reaching constitutional consequences and would not be a matter for the Committee alone.

1.5 QUESTION FROM DEPUTY P.V.F. LE CLAIRE OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING HARBOURS CHARGES:

Question

What increases, if any, have been made in Harbours fees which reflect the cost of living of 4.3% rather than the States recommended anti inflationary level of 2.5%?

Answer

In recent years Harbour Dues have been raised by 2.5% per annum in line with States policy. Harbour Dues relate to the shipping of passengers and freight through the port and represent about two thirds of Jersey Harbours’ income.

Marine Leisure fees are generally increased by the cost of living - 4.3% in 2007. Leisure dues are recognised as not being directly related to Jersey’s RPI. The Finance and Economics Committee previously commented in the States that: “The Committee believes that it is important that the users of Marinas and moorings do not receive a service subsidised by commercial users of the Harbour or the taxpayer”.

Property is reviewed in accordance with the relevant lease agreement. Effectively this is either Open Market Value or Jersey RPI.

It is essential that income is maintained in order to meet budgetary targets, generate sufficient funds for the upkeep, maintenance and capital programme of the harbours and territorial waters without resorting to central States funds.

Notes

Passenger Port

Harbour Dues for passengers and cars – 2.5%

Commercial Port

Harbour Dues for freight and fuel – 2.5%

Pilotage – 2.5%

Quay Rentals – 2.5%

Marine Leisure

Registration Fees – 8% (not increased since 2005)

British Shipping Register – 8% (not increased since 2005)

All other charges – 4.3%

Port Estate

Port Parking – increase from £73 to £138 in 2008 in first step towards achieving market value

1.6 DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HOUSING REGARDING SHARE TRANSFER TRANSACTIONS.

Question

Will the Minister inform members what proportion of new-build flats have been offered for sale as share transfer transactions over the past two years and advise how many of these have been sold as block purchases to either local or overseas investors?

Can the Minister advise the proportion of properties, including 3-bed houses that are purchased by those with qualifications, either resident or not, as investments, thereby reducing the housing stock available for purchase?

Does he accept that with house prices continuing to rise faster here than in other parts of the United Kingdom, the attraction of the Jersey housing market for investment purposes is increasing and if so, will he advise what action, if any, he plans to take to protect the interests of locals who wish simply to purchase and occupy housing?

Answer

Jersey is special in that its Housing Law restricts the ability to purchase property, with free standing property reserved almost exclusively for the ownership of locally qualified persons. The purchase of property by locally qualified persons and subsequent lease of that property to another locally qualified person is not something the housing law seeks to prevent, nor are any measures planned to prevent such a thing occurring.

As to flats, it is highly unlikely that investment is creating difficulties, with prices remaining largely static, and share transfer flats only being able to be leased by locally qualified persons. As to information on purchasing trends for flats, as previously explained in an answer to a question tabled on 15th January, 2008, we do not have information on how many share transfer properties are sold, as their purchase is not controlled by the Housing Law, and there is no requirement to register the sale through the Royal Court. With the introduction of Stamp Duty on share transfer properties this situation will change, and in the meantime, the Statistics Unit have separately estimated that about 3/5th of flat sales in any one quarter are share transfer sales.

1.7 DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE IMAGINE JERSEY 2035 EVENT:

Question

Will the Chief Minister explain to members why no meaningful figures for the Social Security contribution rates required to break even on pension provision to 2035 were given to participants who attended the “Imagine Jersey 2035” event on 19th January?

Answer

1. Break even contribution rates are a theoretical indicator of the condition of a strict “pay as you go” pension system and can be used to demonstrate the effect of different scenarios on the system in question. They are based on a series of assumptions described by the Government Actuary as “technical” that would need to be explained in some detail and would have taken a disproportionate amount of the limited time available. However, I must inform Members that in a pension system like Jersey’s Social Security Scheme, increases in the working population, through inward migration or increased fertility, actually reduces the break even contribution rate. Rather than confusing participants with a theoretical indicator, participants were given sufficient information on the impact of the ageing population on the Social Security system.

Question

Will he agree to release the figures produced in the Actuarial Report on the condition of the Social Security Fund of December 2000 updated for current projections to members and thereby to the public so that they can be more fully informed about some of the options for coping with demographic change?

Answer

2. The 2000 Actuarial Review is out of date and has been superceded by the 2003 Actuarial Review. This latest review was presented to the States as R.55/2005 and published through the normal channels. The Social Security system contains a statutory provision for an Actuarial Review every three years. The next review for the three years ending 2006 is due to be presented to the States in the autumn of this year.

Question

Does the Chief Minister accept that the inclusion of non-mutually exclusive options in Section 6 of the “Imagine Jersey 2035” on-line survey undermines the validity of any results produced?

Answer

3 No, I do not. The survey provided a means to explore the initial views and values of the Island’s residents in the face of the challenges posed by an ageing population.

The survey represented a valuable and constructive preliminary step in the development of conceptual understanding and the opening of a dialogue between policy-makers and Islanders. In this context, the results of the survey provide considerable, useful insight into the initial thoughts and perceptions of Island residents on the issues facing Jersey over the coming decades.

The survey represents one of a number of ways in which people can express their views as part of this consultation process.

Question

Does he further accept that the inclusion of 2 factors (housing the elderly and housing immigrants) in Section 7 of the survey calls any results into serious doubt?

Answer

4. No, I do not. Section 7 of the Imagine Jersey survey was designed to explore the strength of public opinion towards four possible means of providing housing for Island residents.

The introductory text to the set of attitudinal questions was included to provide an illustration as to why more housing units may be needed in future.

The point of the section was to explore initial strength of opinion on possible strategies for accommodating Island residents in future. The results considered in this context provide a valuable insight.

Question

Furthermore, does the Chief Minister accept that the change in formulation between questions during the conduct of the 2035 consultation on 19th January from “should people (in general) work longer?” to “how much additional tax would you pay?” to fund the elderly skewed the results and rendered them invalid for comparison purposes?

Answer

5. The objectives of the Imagine Jersey event held on 19th January 2008 were, in essence, to build an understanding of potential future trade-offs, to enable policy-development to be informed by public preferences and to encourage increased public ownership over future decisions. The questions asked during the event itself were drawn up to facilitate these objectives.

As a former educationalist, the Deputy should be well aware that a pragmatic approach is fundamental to the process of cognitive understanding and ownership of knowledge. It was in this light that the questions were indeed modified in real-time at the event, in response to spontaneous feedback from participants. A small number of questions were asked in terms of, firstly the general, and then the specific. This was done purely to enable deeper understanding of the issues involved and to provide further insight into the strength of attitudes towards these issues.

Rather than rendering the questions invalid, the demonstrated flexibility was important in developing further understanding of issues and opinions, that is in meeting the objectives of the event.

Question

Will the Chief Minister inform members how much the “Imagine Jersey 2035” consultation cost and how much was paid to the “Involve” organisation for their contribution to the consultation process, and what elements they were responsible for / contributed to? In the light of the basic survey design flaws indicated above, does the Chief Minister consider that value for money was achieved from “Involve”?

Answer

6. The budget for the whole consultation process, including production of the consultation documentation, translation, event planning, advertising and delivery, the survey and associated costs such as printing, venue and technical support is £59,000. Within this budget, the cost of Involve will be £34,500, plus expenses.

The work Involve has undertaken includes:

Providing advice and guidance on the consultation process and documentation
Setting up and operating the on-line survey, including reporting the outcome
Planning, management and delivery of the event
Producing a final report on the outcome of the consultation process

In addition, included within the above figure are the costs of delivering two one-day training sessions to States of Jersey officers to develop and improve consultation and facilitation skills across the States of Jersey. This element of the work goes beyond Imagine Jersey 2035 and will benefit future consultation exercises.

Whilst Involve have been responsible for providing expertise with regard to the above items, close collaboration with officers of the States of Jersey with knowledge of the subject matter has been a key part of the approach. Involve have therefore worked together with officers to develop key deliverables, including the consultation document, the survey and the event on the 19th January 2008.

As stated above, I do not accept that the survey has design flaws. In my view the engagement of Involve, a well respected not-for-profit organisation committed to improving decision-making through public participation, has been value for money. Not only have they added considerable value to what is an important consultation process; I believe their work with officers, including the training sessions, will lead to real improvements in the way that consultation with the public is approached in the future.

Question

Can the Chief Minister confirm that the scenarios of net annual inward migration levels 325 and 650 heads of households (700 and 1400 persons) in the 2035 consultation were set by economic growth targets of 1% and 2% respectively? Is it not the case that the current economic growth target is 2% and if so, does he accept that this may result in population growth of up to 1400?

Answer

7. No, I do not believe that the current economic growth target of 2% will lead to population growth of up to 1,400. The two scenarios of 325 and 650 (heads of household) were chosen because these were the approximate levels of inward migration that would be required to deliver 1% and 2% real growth on their own. That is, if there were no productivity improvements in the economy. In reality, productivity growth has taken place in Jersey in the past and is likely to occur in the future which means that the 2% economic growth target is achievable with significantly lower levels of inward migration. Of course, population growth is a function of both inward migration and natural growth (births exceeding deaths) and is affected by a whole host of factors, economic growth being only one of them.

Question

Does the Chief Minister accept that economic growth of 7% and the associated rise in immigration of 700 in 2006 is unsustainable? What information does the Chief Minister have on whether this trend will continue into 2007? What targets will he set for managing or controlling growth in 2008?

Answer

8. We know that the Jersey economic cycle includes phases of strong growth and ones of weaker growth, as a direct result of the economy and our prosperity being linked closely to the performance of the financial services industry. The economy in 2006 and in first half of 2007 was clearly going through a phase of very strong growth and it was never anticipated that this phase would last forever. Indeed, the recent trends in the global economy and financial markets show that there is already a degree of uncertainty around the strength of growth in the second half of 2007 and into 2008.

Our targets for managing or controlling growth in 2008 remain those agreed by the States in the Strategic Plan and will remain so unless otherwise agreed by the States.

Question

Would the Chief Minister explain how using population growth to solve the demographic problem of the ageing society can be effective in the long term, given that the increased population will itself age and eventually cost more? Is he prepared to accept that the most sustainable solution is to accept lower economic growth and higher tax/contributions at some stage?

Answer

9. The scenarios in the Imagine Jersey 2035 consultation focus on different levels of inward migration, which is not the same as population growth. The statistical population model takes into account long term trends and ageing. It has been used to produce forecasts to 2065 in order that any second order effects are considered. That analysis shows that different levels of inward migration have different impacts on the total population and dependency ratios. One of those scenarios for example – the +250 heads of household – means that the population never rises above 99,000, the working population does not fall and the dependency ratio falls after 2035 and then stabilises. In contrast, the scenarios with higher inward migration show continued growth in population and the dependency ratios stabilise at lower levels.

I certainly do not accept that ‘the most sustainable solution is to accept lower economic growth and higher tax/contributions’. Such a solution with no net inward migration would lead to a falling total population and numbers of working age. This combination of factors would bring a significant risk that the Island could get sucked into a cycle of economic decline because key businesses and people leave the Island, accelerating the population decline and deterioration in government finances. Those Islanders who remained in the Island would suffer the consequences in terms of fewer and lower quality employment opportunities and a significant deterioration in the quality of public services (despite higher taxes/contributions). There are in fact a range of sustainable solutions to the challenge of our ageing society and Imagine Jersey 2035 is designed to gauge Islander’s preferences as to which set of policies are right for Jersey.

Question

Will the Chief Minister release to members the results of the questions posed to the public during the Imagine Jersey 2035 consultation day, which were already in his possession on the following day, and if not why not?

Answer

10. Yes. The results of the questions posed on the day were published on the 25th January 2008 and were circulated to Members the same day.

It should be noted that the responses to questions were only one aspect of the conference and two other features, namely:

the concluding exercise where participants were asked to consider the main trade-offs and make choices; and
the comments and suggestions made by participants and recorded by facilitators

will be collated and will form part of the final consultation report, which will be produced by the end of February 2008.

Question

Will the Chief Minister outline for members the extent of the involvement, if any, of the Corporate Management Board in the research and planning of the Imagine Jersey 2035 consultation process, and will he release to members any notes or minutes of such involvement?

Answer

11. The Corporate Management Board (CMB) has not been involved in the research and planning of the Imagine Jersey 2035 consultation. The work underpinning the consultation was undertaken by a group of officers working to the Chief Executive to the Council of Ministers. Their reports have been considered by the Council of Ministers and have been made available to Scrutiny. Their work has been published in the form of technical papers.

1.8 DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE JERSEY ENTERPRISE BOARD:

Question

Will the Chief Minister explain to members why the proposals to set up the Jersey Enterprise Board (JEB) were released to the Corporate Services Scrutiny Panel in June 2007 on a strictly confidential basis and will he advise why the proposition (Jersey Enterprise Board Limited: proposed establishment P.194/2007) was not lodged until late December 2007?

Answer

Projet P.194/2007 was not lodged until 19th December 2007 in order to accommodate revisions to the draft Memorandum and Articles of Association of the proposed Jersey Enterprise Board Limited and to allow for these to be presented to the Council of Ministers for approval. The proposals were released to the Corporate Services Scrutiny Panel at the earliest opportunity to allow them to have as much time as possible to undertake their scrutiny function.

1.9 DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING WINTER FUEL ALLOWANCE FOR THOSE IN LODGING HOUSES:

Question

Will the Minister release to members the number of recipients of Income Support who are resident in lodgings and who will not qualify for a Winter Fuel Allowance under his department’s regulations? Will he further inform members what the estimated cost of their inclusion would be?

Will the Minister also inform members what evidence he has to support his Assistant Minister’s assertion in the debate on this issue on 16th January 2008, that many lodgers’ heating bills are not separate but included in overall rent?

Answer

The term “lodgings” in the Cold Weather Payment Regulations identifies income support units that live in accommodation that is part of another household. The claimant is a lodger sharing domestic accommodation and is unlikely to pay for heating separately.

Individuals that live in lodging houses are normally regarded for income support purposes as occupying bedsits and these claimants are eligible for the cold weather payment, if they satisfy the other necessary conditions.

To date, six claimants have declared themselves as lodgers. Only one of these claimants would qualify for the cold weather payment if it were extended to lodgers. The other claimants do not satisfy the other requirements (i.e that the household includes an individual over 65 years old OR a child under 3 years old OR an individual with a high level personal care component).

The inclusion of one additional claimant would be of the order of £200 per winter, depending on the actual temperatures experienced.

1.10 DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING ‘FUEL POVERTY’:

Question

Recently published U.K. figures show a rise in households suffering from “fuel poverty” to 4.4 million; what are the equivalent figures in Jersey? What measures, if any, will the Minister introduce to eliminate such poverty and in particular what consideration will he give to the introduction of social tariffs for poorer households or measures to improve the energy efficiency of housing?

Answer

My understanding is that the UK’s definition of a fuel poor household is one which needs to spend more than 10% of its household income to achieve a satisfactory heating regime (21 deg c in the living room and 18 deg C in other occupied rooms). The 2004/05 Household Expenditure Survey, carried out by the Statistics Unit, shows the percentage of Jersey households in fuel poverty (ie. Spending more than 10% of household income on fuel) was 3.5%. This represents less than 1,300 households.

Fuel poverty in households arises from a combination of factors:

Low household income;
Poor heating and thermal insulation standards in homes
High fuel costs
A split of responsibility for a property with landlord / tenant
Under occupation of a property, something which is common amongst the elderly.

As Minister for Planning and Environment, I have very little influence over many of those factors but I do recognise the importance of good quality housing in terms of avoiding fuel poverty. I will shortly be publishing proposals to strengthen the building bye-laws in this regard that will set clear energy performance targets for all new dwellings, and which will require improved insulation standards of existing homes when they are materially altered or extended.

I would like to refer the Deputy to Chapter 5 of the Energy Policy Green Paper which discusses reducing energy use and the thermal performance of the built environment. Specifically, one proposal is to create a body modelled loosely on the Energy Savings Trust in the UK. The role of this local body (termed Sustainable Energy Jersey) would be to provide support and practical advice in matters of energy efficiency. In addition, the Green Paper proposes that this body would administer grant aid to low income groups to assist in improvement and insulation for their properties (see pg 106, Policy Option 5 - Energy Policy Green Paper ‘Fuel for Thought?’). It was initially proposed that £1.4 million for at least 5 years would be required but the consultation process has shown that this is probably too little. This grant support would be targeted at improving the thermal efficiency of buildings to ensure that overall energy demand (and thus expenditure) is reduced and that the energy used is done so effectively and to the full benefit of the resident.

Of course, these are still only policy options at the green paper stage. The Department is currently working on a set of firm proposals that will be bought to the States for debate in the form of a White Paper by the middle of 2008.

It is proposed that the cost of this grant aid would be raised through environmental taxes. A green paper on environmental taxes was consulted on in 2007 and firm proposals on the way forward will be taken to the Council of Ministers in spring 2008.

1.11 DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHAIRMAN OF THE PRIVILEGES AND PROCEDURES COMMITTEE REGARDING THE REGULATION OF ELECTION EXPENDITURE:

Question

Will the Chairman advise whether his Committee proposes to register “lobby organisations” who wish to involve themselves in elections, and if not how does he propose to regulate or restrict in a proportionate manner such activities?

Would he advise whether he proposes to regulate or police “money received from donations or professional services” knowingly received by candidates and if so, how?

What “wide-ranging assistance” will continue to be allowed from “volunteers”, and what activities, if any, will be disallowed?

Will the Minister advise whether he proposes to regulate and police any “websites that are created for the purposes of encouraging the electorate to vote for or against any particular candidates” and if so, how?

How will the Committee propose to act, should it prove necessary, if such websites are hosted in the USA or elsewhere?

Will the Chairman agree to the release of the law drafting instructions on these matters to members in order that they may gain early insight into what is to be proposed and be ready to work on any improvements that may be needed in a timely manner, and if not why not?

Answer

PPC does not propose to register lobby organisations. Having received advice on the matter of lobby organisations and other unsolicited assistance for candidates, the Committee has concluded that it would not be possible to prevent all unsolicited expenditure for or against a candidate as this would not be human rights compliant. Instead the Committee is considering limiting the expenditure incurred by any third party in support of a candidate without the prior consent of that candidate, and also to limit expenditure incurred by any third party in an attempt to persuade electors not to vote for a particular candidate. PPC is mindful of the approaching elections and therefore intends that the necessary draft legislation will be lodged ‘au Greffe’ as soon as possible.

Arrangements for the policing of electoral expenses will be included in the draft legislation. The legislation will include a series of offences and it is the Committee’s intention that these should be investigated as normal criminal matters.

PPC recognises that many candidates have benefited from voluntary assistance and it sees no reason why this should not continue; however, there is clearly an issue when candidates receive voluntary assistance from individuals and / or organisations in a form which would ordinarily be charged for. Such services could include an offer to print election leaflets without charge or to provide free professional public relations advice. In such circumstances the Committee’s intention is that candidates will be required to include within their return of electoral expenditure an equivalent commercial value of the voluntary service provided.

Regulation and policing of websites during an election could become a very complex matter, particularly in terms of the human rights issues arising. Nevertheless PPC considers that its forthcoming proposals to limit expenditure by third parties will prove useful in this regard. To an extent this approach will limit the importance of the location at which the particular site is hosted.

The Committee has not yet received copies of the draft legislation for consideration and may yet review proposals contained in its law drafting instructions so I do not think it would be helpful to release these in advance of lodging. The Committee will lodge the proposals ‘au Greffe’ as soon as possible with the aim of introducing this legislation before the elections.

1.12 DEPUTY S. POWER OF ST. BRELADE OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING A SEARCH AND RESCUE INCIDENT IN NOVEMBER 2006:

Question

Can the Minister explain the circumstances surrounding a SAR (Search and Rescue Incident) on the 30th November 2006 involving the French Yacht 'Pamplemousse'? If there was human error on the part of Marine Officer staff, is the Minister satisfied that recruitment procedures for such posts are adequate, and what other action has been taken so as to maintain the highest standards?

Answer

The vessel ‘Pamplemousse’ made an emergency call to Jersey Coastguard at 1100 on 30th November 2006 detailing engine problems. The location of the vessel was such that the Duke of Normandy and another vessel were on scene within minutes and towed the vessel into the port.

The Marine Centre control room took the initial radio call. At this time a new recruit was under the direct supervision of a fully qualified radio officer who oversaw all transmissions. It is routine for the mentor of a trainee to take control of any SAR incident, and the incident was concluded without issue.

Recruitment of all employees is undertaken with full regard to the standards set out in the Appointments Commission Code of Practice together with the guidelines set out within the States of Jersey’s Recruitment and Selection Policy and Procedures. This includes ensuring that a job description and person specification is available for each post, and that interviews are undertaken by a panel which includes an independent assessor. The interview questions for this post were based on the agreed competencies for the post and included scenario based questions to gain evidence of knowledge and experience.

All new employees undergo an induction process, and this includes identifying training needs. These training plans are updated on a regular basis, and in addition there is an annual appraisal process in place. We believe that these systems maintain the highest standards of personal performance within Jersey Harbours.

1.13 DEPUTY S. POWER OF ST. BRELADE OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING PARKING FACILITIES AT ELIZABETH TERMINAL:

Question

Will the Minister advise whether the parking control barriers at the car-park at the Elizabeth Terminal have been broken and inoperable for about three months, thereby allowing free 24 hour parking at this car-park and if so, would he confirm when this situation will be rectified ?

Can the Minister estimate the lost income to the Harbours Department?

Answer

The parking control barriers at the Elizabeth Terminal car park were taken out of action in October 2007. The decision was made to remove the barriers and allow free parking at the terminal due to repeated technical problems during 2006 and 2007. This decision was based upon an assessment undertaken in 2007, This assessment suggested that it would cost the department more to maintain the equipment to ensure a reliable operation that would be received in revenue if the situation were allowed to continue.

The suppliers have been to the Island on numerous occasions to repair the system and discussions have been held about extending the maintenance contract or installing a suitable replacement system.

However, in the meantime, a proposal to build a multi-story car park in this area, to alleviate the impact of lost parking capacity at Esplanade Square, has called into question any capital investment into new equipment.

As a consequence a pay card system will be introduced on 1st February 2008 as an interim measure.

This represents the lowest cost option to remedy this situation.

In 2006, the car park generated £45,000 in revenue. Unfortunately due to machine failures in 2007 revenue was £15,000.

1.14 DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING PORT PARKING PERMITS:

Question

Which groups, if any, were consulted concerning the recent proposed increases in charges for Port Parking Permits?

How do the recent proposed increases in Port Parking Permit charges accord with the Minister's expressed desire to increase economic returns from Marina activities?

Answer

Individual shipping companies were consulted on the rise in Port Parking Permits during 2006, as were the Jersey Port Users (Commercial) Association. Port Parking Permits are for commercial port users to use in designated operational areas of the port.

Marina parking is a separate issue to that of parking in the Commercial Port which is covered by Port Parking Permits. Marina berth holders can purchase a parking permit for the relevant marina car park at a cost of £81 per annum.

In line with other marine leisure charges, marina parking charges have been increased annually by the cost of living, however this is also under review by Jersey Harbours and is the subject of communications with users at this time. Jersey Harbours anticipate bringing the charge into line with Port Parking Permits during 2008.

Notes

Marine Leisure fees are generally increased by the cost of living (RPI) - 4.3% in 2008. Leisure dues are recognised as not being directly related to the Island’s inflation rate. The Finance and Economics Committee previously commented in the States that: “The Committee believes that it is important that the users of Marinas and moorings do not receive a service subsidised by commercial users of the Harbour or the taxpayer”.

1.15 DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR HOUSING REGARDING PROTOCOLS TO GOVERN THE RELATIONSHIP BETWEEN HOUSING AND PROPERTY DEVELOPERS:

Question

What specific protocols are in place to govern relationships between the Minister of Housing and property developers?

Answer

All meetings which take place in my official capacity are governed by guidelines which require that Officers are present. Of course, this is a small Island and I am sometimes approached informally by developers who wish to discuss matters. Where such approaches require that I may have to make a decision in my official capacity discussions and in particular decisions are deferred until such time as Officers can be present.

1.16 DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE MOTOR TRAFFIC (THRID PARTY INSURANCE) (JERSEY) LAW 1948:

Question

The Motor Traffic (Third Party Insurance) (Jersey) Law, 1948, allows vehicles owned by certain persons (eg States of Jersey, Parishes and persons who have deposited certain funds with the Accountant-General of the Supreme Court of England in accordance with section 144(1) of the Road Traffic Act, 1988 of the UK)to be used without a third party insurance policy.

Would the Minister advise the amount that is currently required under that Act?

Answer

The amount currently required to be deposited in accordance with the provisions of section 144(1) of the Road Traffic Act, 1988 of the United Kingdom is £500,000.

1.17 DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER OF HEALTH AND SOCIAL SERVICES REGARDING INCIDENTS OF WHIPLASH INJURIES OVER THE LAST FIVE YEARS:

Question

Would the Minister advise whether his Department keeps statistics relating to car whiplash injuries and, if so, would he give figures for each of the last five years?

Answer

I would like to advise the Deputy and, indeed other States Members, that injuries, illnesses and diseases are described in precise clinical terms. This is because clinicians can then use these very precise terms when they discuss individual cases – or indeed, the incidence of specific injuries, illnesses and diseases within a given community. The clinical data therefore, is not readily susceptible to lay terms such as “whiplash injuries”. (A recent question from a States Member about “alcohol related injuries” was difficult to address for the same reason).

Having said this, a “whiplash” injury normally presents in the Accident and Emergency (A&E) Department as an injury to the spine, in particular to the cervical spine. Such an injury is coded as either a soft tissue injury to the cervical spine or a sprain, strain, ligament, tendon or muscle injury to the cervical spine.

Count of Attendance arrival date		Year
1st diagnostic code	Anatomical site code 1	2003	2004	2005	2006	2007	Grand Total
LOCAL SOFT TISSUE INJURY	CERVICAL SPINE	16	15	10	5	4	50
	DORSAL SPINE	1	1		4	2	8
	LUMBAR SPINE	4	8	5	10	7	34
LOCAL SOFT TISSUE INJURY Total		21	24	15	19	13	92
Sprain/Strain/Ligament Injury	CERVICAL SPINE	12	10	11	17	13	63
	DORSAL SPINE	1	3		6	1	11
	LUMBAR SPINE	6	9	9	9	7	40
Sprain/Strain/Ligament Injury Total		19	22	20	32	21	114
Tendon/Muscle Injury	CERVICAL SPINE	1	1		1	1	4
	DORSAL SPINE		2				2
	LUMBAR SPINE	2	4			2	8
Tendon/Muscle Injury Total		3	7		1	3	14
Grand Total		43	53	35	52	37	220

From the table above, the closest match that can be made to the ill defined “whiplash” injury are the figures pertaining to cervical spine injuries as follows:-

2003:- 29 cases

2004:- 26 cases

2005:- 21 cases

2006:- 23 cases

2007:- 18 cases

1.18 DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING BIO-FUEL PRODUCTION IN JERSEY:

Question

Would the Minister advise whether he is currently investigating the possibility of bio-fuel production in Jersey? If so, would he further advise:

(a) whether he is working in conjunction with the Minister for Planning and Environment,

Answer

(a) The Minister for Economic Development sits on the Ministerial Steering group for Energy Policy along with the Minister for Planning and Environment and the Minister for Transport and Technical Services. The Energy Green Paper ‘Fuel for Thought?’ was produced with the input of the steering group as well as other stakeholders and was lodged in the States in October followed by a period of consultation between 4th October and 7th December 2007.

Question

(b) approximately how many vergées of land he believes may be available for such an enterprise,

Answer

(b) Chapter 6, (in particular Paragraph 1.297 -1.306) of the green paper examines the potential for the local production of bio-fuels crops in Jersey and uses the information from a study that was carried out by consultants to inform Energy Policy [1]. In summary, it is apparent that there are two major challenges to growing bio-fuels locally :-

(i) Economies of scale – the availability of sufficient appropriate land (in particular avoiding land of biodiversity value) in order to grow and manufacture sufficient quantities of biofuels locally

(ii) Gross-margins of crops - The gross margins from biofuel crops is low in comparison to alternative / existing land uses such as food crops grown for export.

Given this latter point it is likely that in order to be economically viable, any crops grown for biofuels would need to be on agricultural land that is currently uncultivated and/or as a second crop after the potato crop.

Bearing in mind these ‘constraints’ along with local land conditions etc, oil seed rape is considered a potential candidate for the production of biodiesel. The area available for its production are estimated to be approximately 320 hectares (1800 vergees) of spring oil seed rape as a green crop following the Jersey Royal Potato crop, with a further 220 hectares (1250 vergees) planted on other agricultural land. The total land available after the potato crop is constrained by factors such as slope and good rotational practice (with a one year in five rotation).

Using these figures it is estimated that up to 500 tonnes of biodiesel could be produced locally, although please see section c which describes work that is being carried out locally.

The potential for the production of bioethanol from wheat from the land areas shown above, has also been explored and it is estimated that up to 1,500 tonnes could be produced locally.

In addition, biofuel is produced locally from waste vegetable oil. In June 2007 the Transport and Technical Services department contracted a partner to collect waste cooking oil from commercial catering premises and convert it to biodiesel for use in local diesel vehicles. The company, Channel Island Biodiesel Products Ltd., is now in the early stages of production and will soon be marketing the product to large volume consumers such as transport and haulage companies.

Question

Answer

(c) There is already a commercial pilot study to produce biodiesel from oil seed rape that has been supported by the Rural Initiative Scheme. In 2007 three varieties were investigated for yield as a crop post potatoes, in partnership with the Planning and Environment Department. The results from this first year show that oil yields per hectare are comparable to that in the UK (approx 0.9 t/ha locally compared with 0.95 t/ha in the UK, assuming 100% extraction). The next stage is to extract the rapeseed oil and produce bio-diesel. The completion of this pilot phase will allow production costs to be calculated and local feasibility to be more accurately calculated. Understanding the feasability of local production will assist energy policy development and the placement of such initiative.

Question

(d) which type of crop he believes would be most appropriate, or whether he is considering a range of different ones?”

Answer

(d) A range of crops have been considered for biofuel production. For example, in addition to oilseed rape and wheat, barley could be grown locally to be manufactured into bioethanol. However, current agricultural practices appear to favour an oilseed rape crop. As work on the energy White Paper continues we have not discounted any options at this stage and further work will be required in order for the States to discuss the options. In addition to the economics there are many factors to consider, in particular learning from elsewhere where the benefits of growing biofuels have been counteracted by the impact on natural habitats and the displacement of food crops.

1.19 DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE USE OF THE HEALTH INSURANCE FUND SURPLUS:

Question

With regard to his recent decision to dispense with prescription charges, can the Minister confirm that this will not be achieved by using cheaper, less effective, brands of drug?

Would the Minister confirm that his decision was based on addressing a surplus in the Health Insurance Fund (established under Article 30 of the Health Insurance (Jersey) Law, 1967) that subsidises prescriptions and, if so, state whether he considered using the surplus to assist with other medical charges, such as dentists’ fees? If the Fund cannot be used for other medical charges, has the Minister considered bringing an amendment to the Health Insurance (Jersey) Law, 1967?

Answer

Neither the Minister nor the Department promotes the use of “less effective” drugs, so the answer to the question is an emphatic “yes”.

The Minister presumes the question is directed towards the use of generic medicines, which are equivalent to patented drugs, but far less expensive.

The promotion of generic prescribing is accepted practice throughout the world as a means of delivering cost effective treatment. The NHS in the UK was recently criticised for its poor use of generic prescribing, leading to high cost growth in the NHS, whereas in Jersey we have a high rate of generic prescribing and there is no doubt that the healthy financial position of the Health Insurance Fund results in part from the pharmaceutical advice provided through the Department and the professionalism of GP’s and Pharmacists in the Island.

As the Minister has already made very clear, the decision to increase the pharmaceutical benefit by £2.10 per prescription and thereby provide free prescriptions to all who are eligible under the Health Insurance (Jersey) Law 1967, is a result of an increasing surplus in the Health Insurance Fund.

Whilst the Health Insurance Law provides for the possibility of Dentist and Ophthalmic benefits, these have never been considered or approved by the States. The future primary care services and those to be delivered through the Health Insurance Fund will be determined by the New Directions Strategy and the Department has been and will be actively involved in that strategy’s development and implementation.

Until measures consistent with and promoted by that strategy are delivered, the Minister will continue to use the Fund only for those benefits already approved by the States.

1.20 DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE INSTALLATION OF SPEED HUMPS:

Question

Would the Minister advise how long his Department has been installing speed humps which combine a pedestrian crossing, approximately how many exist, and whether his Department has any safety concerns with such an arrangement?

Answer

I understand that the first ‘humped crossing’ was installed in Sand Street as part of the improvement works in that area in 2002. Since then, another 14 crossing have been installed, some on the same section of raised carriageway (for instance, 3 crossing at the junction of The Esplanade and Conway Street). All of these are in the central town area of St Helier.

Although some of these crossing are unlit, they are all within the town area where there is street lighting and the department has no record of any accidents on these crossing (2007 data is still awaited). Moreover, there is little doubt that the raised humps are effective at slowing down traffic speeds and the ‘shared space’ principle within the town environs has appeared to work very well, especially for pedestrians. Also, all but one of these crossings are on single width carriageways with traffic approaching from only one direction. Given the above, I have no specific safety concerns for those crossings currently in place.

1.21 DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING PARKING CHARGES AND VEHICLE EMISSION LEVELS:

Question

(a) Advise why he has chosen exhaust emissions instead of lifetime carbon footprint and if his decision was based on concern about the possible effect on climate change caused by transport, would he advise whether this was based on conclusive evidence; in which event would he give references for this scientific evidence

Answer

(a) The discounted parking scheme is based on exhaust emissions because the figures are readily available to both TTS and the public, making the scheme both cost effective and simple to operate. Furthermore, low exhaust emission vehicles tend also to be small so they are more likely to have a low lifetime carbon footprint in any case. Hybrid vehicles, with a limited overall CO2 emissions rating, were included in the scheme due to their ability to operate in slow town centre congested traffic conditions on an electric motor. The Intergovernmental Panel on Climate Change acknowledges the existence of climate change and highlights a collective responsibility to minimise emissions in an effort to slow down, stop or even reverse the effects. This is the rationale I have used to introduce such a scheme.

Question

(b) Advise whether he has considered the implications on the less well-off who are unable to afford the latest more energy efficient models?

Answer

(b) The scheme is not intended to penalise the less well-off in our society but to encourage car drivers who may be considering purchasing a new car, to consider a car which will have a significantly less impact on global, as well as local, air quality rather than the larger models which are available.

Question

(c) Advise the current level of emission of 3-nitrobenzanthrone and 1.8-dinitropyrene from the Connex bus fleet, together with the level of CO2, expressed in kg CO2/ passenger mile.

Answer

(c) Emission levels of 3-nitrobenzathrone and 1.8dinitropyrene are not measured by the National Atmospheric Emissions Inventory (NAEI), a body which monitors serious atmospheric pollutants in the U, and are not incorporated in the Euro Standards specifically for measuring vehicle emissions. The NAEI does, however, state that Polycyclic Aromatic Hydrocarbons, to which group these chemicals are allied, have reduced by 95% in the UK since 1990 because of changes in industrial manufacturing processes. No research figures are apparently available for diesel engine emissions under load in respect of these two chemicals, although it is accepted that they are also created in this manner.

As far as CO2 is concerned, these emissions are not defined in the same way for commercial vehicles as they are for cars in the manner requested in the question. Car engine emissions are given as kg/km CO2 but trucks and buses are quoted as g/kwh CO2 (that is, as a function of engine power) and cannot be compared in any meaningful manner to car emissions.

For the current Connex fleet, the emissions are as follows:

Euro III vehicles - 68% of fleet CO2 = 2.1g/kwh

Euro II vehicles - 18% of fleet CO2 = 4.0g/kwh

Euro I vehicles - 14% of fleet CO2 = 4.5g/kwh

1.22 DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR HOME AFFAIRS REGARDING AN AMENDMENT TO THE FIREARMS (JERSEY) LAW 2000:

Question

With reference to answers to an oral question on 15th January 2008, regarding the carrying of weapons such as knives, would the Minister clarify whether the amendment to the Firearms (Jersey) Law 2000 to which she referred is already in place, or whether it is a matter which will come before the States for debate in due course? Further, as knives are clearly not firearms, would she explain why she has chosen the Firearms Law as the appropriate vehicle with which to address this issue?

Answer

The amendment to the Firearms Law with respect to knives is drafted but has not been lodged for debate as yet. There is still a period of consultation to complete before the Law is lodged.

I have taken the route of adding the amendment to the Firearms Law as this already has provision for offensive weapons, including knives, in Article 43. This provided the most expeditious route for implementing the new offences, as previously described.

However, I am looking into whether it may be more appropriate to create a freestanding Law to cover the issue, given the potential significance of such offences.

1.23 DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE USE OF THE H2, H3 AND H4 SITES REZONED BY THE 2002 ISLAND PLAN:

Question

Would the Minister, with regard to the H2, H3 and H4 sites rezoned in the 2002 Island Plan, update members as to how many homes have been envisaged, but not yet built, on each of those sites?

Answer

On a point of clarification, only the H2 sites were rezoned for Category A housing purposes as part of the 2002 Island Plan.

The H3 sites were identified for further consideration as Category A housing sites with a view to the most suitable being brought forward for rezoning, as required, following a public consultation exercise to confirm their acceptability.

The H4 sites were identified and safeguarded as potential longer-term Category A housing sites. These include a number of urban town sites and / or sites zoned in previous approved development plans and propositions. In addition, there are seven peripheral sites which were only to be brought forward in response to future demand, if their development status was confirmed following public consultation.

Most of the H2 sites are either completed, or are nearing completion (eg H2 (7), Field 690A, Maufant and H2 (9), Field 40, St Clement). The approved or anticipated yield from those remaining is around 140 homes, as detailed in the following table.

Site	Total Homes	Status
H2 (1): Fields 848, 851, 853 and 854, Bel Royal, St. Lawrence	102	Under construction
H2 (2): Field 1218, Mont-a-l’Abbe, St. Helier	Up to 14	Proposed extension to Clos Vaze development – yet to receive planning consent
H2 (8): Fields 190, 191 and 192, La Rue de la Sergente, St. Brelade	27	Planning application recommended for approval
H2 (10): Field 873, Bel Royal, St. Lawrence	0	Not pursued – due to circumstances of owner.
Total Outstanding H2 Site Homes	143

An internal department review in February last year identified those H3 sites which were considered most suitable for Category A housing purposes and the envisaged potential yields at that time were of the order of 300 homes. Details on a site by site basis are given in the following table, but it is important to stress that:

estimates for any individual site could change as a result of more detailed site feasibility work, or future public consultation, or, indeed, any future application process
the table lists sites included as Members’ Amendments in the Island Plan 2002 debate. These sites might not be suitable.

Site	Est. Homes
H3 (1): Field 391 (part of), La Longue Rue, St. Martin	28
H3 (2): Field 1368, La Rue de Mont Sejour, St. Helier	12
H3 (3): Field 821A, Bagot Manor Farm, St. Saviour (already developed)	12
*H3 (4): Fields 413, 415, 415A and 470, Five Oaks, St. Saviour	37
H3 (5): Field 139, Les Quennevais, St. Brelade	25
H3 (6): Field 525, La Rue de la Mare Ballam, St. John	22
H3 (7): Field 76B, La Vallette, Gorey, Grouville	24
*H3 (8): Channel TV site and Field 1248, La Pouquelaye, St. Helier	64
H3 (9): Field 402, La Grande Route de Faldouet, St. Martin	17
H3 (10): Fields 890 and 888, La Rue de Cappelain, St. Peter	14
H3 (11): Field 410, La Rue des Buttes, St. Martin	19
H3 (12): Field 633, La Verte Rue, St. Peter	10
H3 (13): Field 1341A, Le Mont de la Trinité, St. Helier	0
H3 (14): Land to east of Field 729, Le Fonds de Longueville, Grouville	0
H3 (15): Field 423, Le Mont de la Mare Ste. Catherine, St. Martin	0
H3 (16): Field 1551 and 1552, Westmount Road, St. Helier	23
Total envisaged potential homes	307

* sites included in current public consultation exercise on housing sites for lifelong retirement dwellings and first time buyer homes.

Potential yields from those H4 sites within the town (Nos. 1 - 10) were investigated as part of a recent in-house ‘Town Capacity Study’ undertaken by the Department. This involved a desk-top calculation of potential yield based on gross site areas and a range of development densities. The study envisages that the total yield from the 10 sites in question could range anywhere from a low of 350 homes to a high of 760 homes. However, it should be borne in mind that many of these sites may not be available for development in the near future for one reason or another (including the continued viability of the existing use and the need for a suitable site to relocate the existing use).

It is presently envisaged that the remaining H4 sites (Nos. 11 – 21) might potentially yield in the region of 410 homes, subject to further detailed feasibility work and future public consultation.

2. Oral Questions

The Deputy Bailiff:

We come then to oral questions and I would inform Members that Deputy Mezbourian has requested that her oral question to the Minister for Planning Environment be moved from seventh place to the end of the list and the questions renumbered accordingly. We come first to a question that Deputy Southern will ask of the Minister for Social Security.

2.1 Deputy G.P. Southern of St. Helier of the Minister for Social Security regarding …

Will the Minister advise Members how many applicants for income support have been informed exactly what their benefit, including the Household Medical Account, will be as of 28th January 2008, and what it will be after October 2008?

Senator P.F. Routier (The Minister for Social Security):

By Monday, 28th January - which was yesterday - 7,534 applicants for income support had been informed of the value of their income support benefit to be paid from yesterday, 28th January. Household medical accounts have been set up for 2,454 claims and all these claimants have been informed of the value of their Household Medical Account. With regard to informing applicants of the rates after October 2008 this is not possible because, I am sure as Members are aware, the Income Support Law requires Members to limit the Minister to review the rates at least once a year. I have already stated publicly that the income support rates will be reviewed on 1st October 2008. The new rates will be subject to a States’ debate and will be set in the light of a number of factors including obviously the retail price index (R.P.I.), the earnings index and also feedback from the first few months of the income support scheme. In October 2008 the first reduction in protective payments will take place. All claimants receiving protective benefits have been informed that there will be a reduction. They will receive individual information regarding their protective payments by the middle of this year. One other aspect to take into consideration will be the possibility that claimants’ own incomes may change between now and October.

2.1.1 Deputy G.P. Southern:

Is the Minister aware that there was a 20-deep queue for most of the day in the Social Security Department for income support inquiries and could he inform Members what the bulk of those inquiries were about and what proportion were about the payment of cross-checks to people without bank accounts?

Senator P.F. Routier:

I obviously cannot give the detail of that. I was aware the department was extremely busy. I was there myself and witnessed that obviously there was a queue. It was to be expected obviously - the first day of the system - and we are gearing-up to ensure that we are able to provide people with the service they would expect, but with a new system there will be obviously a need to ensure that we do staff-up at an appropriate level. With regard to the cross-checks, I am aware that there have been a number of people who have needed to have their form of payment changed and we have done that for them.

2.1.2 Deputy G.P. Southern:

Could the Minister inform Members what procedures he has in place to inform recipients of income support who receive H.M.A. (Household Medical Account) if they consider that their assessments for the number of visits is inaccurate, what they should do? If they have to receive visits from a G.P. (General Practitioner) rather than go to the G.P. which costs extra, what are they to do?

Senator P.F. Routier:

The matter of when people go to a doctor or the doctor goes to their home is something which is a negotiation between the doctor and the patient. If the doctor thinks it is appropriate for somebody to receive visits at home or to attend to the surgery, the doctor will make that clinical decision. It is not really a financial decision that my department would take into consideration and the Household Medical Account will be credited for the appropriate amount.

2.1.3 Deputy G.P. Southern:

The Minister must be aware that the maximum allowed is 12 visits, so monthly visits, unless exceptional circumstances, exist. Are recipients and are doctors aware of what procedures need to be followed if that limit on the H.M.A. is to be exceeded either by visits from the doctor or by a greater demand?

Senator P.F. Routier:

The medical profession have been visited and are being visited on a one-to-one basis and I could not say that 100 per cent of G.P.s know exactly what to do but the department has been trying to get appointments with many of them to ensure that they are aware of how to proceed. As far as the public are concerned, their visits to their doctors, as I said earlier, is a medical matter which they need to take into consideration with their G.P. and I would assure them that if they have a medical need to go to the doctor, they should go to the doctor.

2.1.4 Deputy G.P. Southern:

A point of clarification, Sir, if I may: could the Minister clarify for Members that in fact the majority of recipients of income support - over 4,000 - have not had an H.M.A. assessment made? The Minister looked confused. 2,500 I believe he said have been done. That leaves about 4,500-5,000 not done.

Senator P.F. Routier:

There is no need for the remainder of them to have a Household Medical Account because they have managed to pay for their doctors themselves in previous time. The majority of people are people who have been getting housing benefits and only housing benefits and so there has been absolutely no need for them to… because they have not been getting free medical support through the H.I.E. (Health Insurance Exemption) system. The majority of people who are… in fact, all of the people within that group are the H.I.E. people who have been transferred over to the new system. I do not think we would even expect to have - and would not want to have - all of the people on income support having a Household Medical Account.

2.2 Deputy P.V.F. Le Claire of St. Helier of the Minister for Health and Social Services regarding the ‘out of hours’ G.P. service:

Will the Minister advise whether the out-of-hours G.P. services is in need of a computer so that doctors can verify records to ensure that they do not prescribe drugs to patients to which they may be allergic, and if so, when will such a computer be provided?

Senator B.E. Shenton (The Minister for Health and Social Services):

I would like to thank the Deputy for the question. It is an issue I am aware of. When a patient presents for treatment at the G.P. Co-operative, the duty G.P. has access to the following forms of information: the General Hospital’s computer system which provides demographic details and - to answer the very specific question asked by the Deputy - provides details of any allergies which patients on the computer system are subject to. They also have access to the patient’s history as taken by the duty G.P. when the patient attends for treatment. Also to G.P. Co-operative patient records accumulated since the inception of the service in April 2006 and the confidential ledger, which provides G.P.s with information about vulnerable patients and their medication history who present with some measure of frequency. However it is certainly true that the new G.P. Co-operative does require a new computer system and it is something at Health that we are actively looking to move forward. There are obviously questions about I.T. (information technology) resources that are available and the overall cost.

2.2.1 Deputy P.V.F. Le Claire:

I would like to thank the Minister for his answer which was comprehensive. May I just dig a little deeper? What exactly are the costs of providing the G.P.s with a computer that will be able to tap into the hospital’s computer that has this amount of information that is useful? Then the following question would be: at what stage will this hospital computer be linked to G.P.s’ practices in general in Jersey so that a thorough continuity of care can begin to occur in Jersey?

Senator B.E. Shenton:

I have been in contact with the G.P.s and the system that they require is one that is used throughout the U.K. (United Kingdom), the Isle of Man and other E.U. (European Union) areas. The cost would be in excess of a 6-figure sum and we have a new… an excellent Director of Information Services within our department that is currently looking at resources, but we also have to look at the funding issue and who pays for it but it is an issue that we are actively monitoring ourselves.

2.3 Deputy G.P. Southern of the Minister for Treasury and Resources regarding the options available to curb the growth of inflation:

Will the Minister outline the options available to him to curb the growth of inflation in the Island and state what he intends to do about house price inflation in particular?

Senator T.A. Le Sueur (The Minister for Treasury and Resources):

It is important to put the latest increase in inflation into context. Inflation, as measured by R.P.I.X. (Retail Prices Index excluding mortgage interest payments), has still been within 0.5 percentage points of the States 2.5 per cent target for 10 out of the last 12 quarters. It is also important to bear in mind the causes of the recent increase in inflation; this was mainly due to global oil and food price pressures, something which is outside of Jersey’s control and therefore harder for us to manage. However, if it feeds through into higher wages to a better extent than elsewhere it will undermine our competitiveness and economic growth. The outlook for the global economy has weakened with the resumption of financial markets turmoil. Weaker stock markets and slower growth in the key export markets could slow economic growth in Jersey and ease inflationary pressure. Everybody in the Island has a role to play, whether it is the States, employers or employees and, to ensure that the States plays its part, the Council of Ministers asked the Economic Adviser last year to update our current anti-inflation strategy and that will be published in the very near future. Without going into detail at this stage that strategy will reinforce key policies that help keep inflation under control and cover issues such as the Fiscal Policy Panel and the advice about the Stabilisation Fund, setting policy relating to the economic cycle and the degree of spare capacity in the economy. Strengthening competition policy, including supply capabilities with productivity improvements and managing resources effectively through the Regulation of Undertakings Law and housing policy. In terms of house price inflation, again one must bear in mind what is driving these increases. They are the direct result of the economic success we have experienced in recent years. This has meant higher local employment combined with higher earnings and relaxed lending. In terms of what the States can do to address things like house price inflation, there are 3 options which are already underway, and that is looking to bring new sites forward for development; to develop a new shared equity type scheme for first time buyers; and to revive the Island Plan to improve the supply of housing.

2.3.1 Deputy G.P. Southern:

Will the Minister concede that we are largely at the mercy of world prices and that inflation is a difficult thing for a small Island to control? Furthermore, does he accept that house price inflation in particular is the result of rampant runaway 7 per cent growth which has produced 700 immigrants in 2006 and rising over the last short period?

Senator T.A. Le Sueur:

I would certainly agree that there are many factors affecting inflation which are outside our control and that is why our inflation strategy concentrates on those which we can impact or influence in some way. What is important is that where inflation is rising we need to compare that with what is happening in other jurisdictions and make sure that the Island does not become uncompetitive as could occur, for example, if the inflation was fed through into higher wages. As for house price inflation, that is certainly partly due to the economic growth and also I think perhaps an imbalance between supply and demand as a result of that economic growth, and that is why it is important that we look at new housing sites in order to maintain that greater sense of balance.

2.3.2 Deputy S.C. Ferguson of St. Brelade:

There is a public perception that the increase in prices is due to “buy to let” from internal and external purchases as well as the aforementioned influx of (j) category individuals. Will the Minister undertake to provide the figures regarding these which would allay or confirm public fears regarding this?

Senator T.A. Le Sueur:

I certainly undertake to be as helpful as I possibly can but in terms of properties acquired by share transfer it is sometimes difficult to ascertain who is going to be occupying those properties. The extent to which house price inflation may be affected by either “buy to let” properties or the impact of (j) category people is something which we can look at but the information I have from the records provided by the Housing Minister is that neither of those 2 areas create any significant impact on the overall house price inflation, which is predominantly driven by local residents seeking properties of higher value.

2.3.3 Deputy P.V.F. Le Claire:

I think just to be specific the recent changes in regards to taxation - and I am surprised the Minister did not mention it - for stamp duty on share transfer properties has been introduced so that we can better understand that three-fifths, we estimate, of all flat sales are share transfer properties. Would the Minister not agree with me that while the market continues to take the finite space and turn it into investment opportunities for share transfer holders to let out to people who cannot afford to buy anything else that is being built, it is just an ever-continuing circle and it needs to be addressed? Would the Minister not agree that there is an issue: about three-fifths of all flats being built being share transfer, and would he also confirm that share transfer property is only available to be let to people with housing qualifications? If he does not have knowledge as to who should be in there, he certainly should have.

Senator T.A. Le Sueur:

I am not sure if I certainly should have, Sir. That is a matter for the Housing Minister but, yes, it is true that any flats have to be occupied by people with local residential qualifications. I do not believe that the tax changes we brought in regarding share transfer properties have any impact on the price of them. Certainly it appears to be the case that the majority of flats are sold by share transfer and that is for very good conveyancing reasons, but I think what it does show is that additional accommodation is being provided in areas where it is needed.

2.3.4 Deputy G.P. Southern:

Will the Minister concede that the figures reveal that (j) cats. - now given permanent residents’ qualifications in Jersey - (j) cats. at 2 per cent of the population account for over 7 per cent of 3 and 4-bedroom house sales? Does he not accept that this is a major contributor to the spiral upwards of house prices?

Senator T.A. Le Sueur:

I do not have at my fingertips details of how much of a percentage of (j) category people own and occupy 3 or 4-bedroom houses and I have no reason to dispute the figures of Deputy Southern, but I do not see that that is necessarily relevant to the large increase in house price inflation when (j) categories account for a very, very small percentage of the market.

2.3.5 Deputy P.V.F. Le Claire:

The Minister said that in relation to share transfer properties the accommodation is being provided where it is needed. The need for accommodation in this Island is for people with housing qualifications in an area where they can afford it. Not in an area where it becomes achievable such as shared equity systems. Will the Minister not agree to try to understand that continuing to supply share transfer flats for people to invest in, in Jersey, creates opportunities for owners not necessarily where it is needed? Those owners are not necessarily in Jersey.

Senator T.A. Le Sueur:

In my view the need for the Island is to have accommodation for people of a type that is needed. Clearly the accommodation, whether it be flats or houses, is being occupied and, therefore - in my view - reflects the fact that it is meeting a need. Whether it is owned through share transfer or through any other way does not alter the fact that it is accommodation that is being provided for people with local housing qualifications.

2.3.6 Deputy G.P. Southern:

Does the Minister not accept that with 3 and 4-bedroom house price inflation running at over 20 per cent and flat/apartment inflation very low, that the government’s policy of building cheap units of accommodation - build them cheap, pile them high - has failed miserably over the last period of years?

Senator T.A. Le Sueur:

I believe that the fact that house price inflation in flats is rather lower than that on 3 and 4-bedroom houses is probably a greater balance of supply and demand in that particular market. The fact that there is a growth in the economy and more spending power available, it does drive people to look for better accommodation and maybe even move up to a 3 or 4-bedroom house which has increased in demand in that particular area as a result of economic growth. To that extent, Sir, yes, I accept that economic growth has driven an increase in the house price index.

2.4 Deputy F.J. Hill of St. Martin of the Minister for Home Affairs regarding the policy of the States of Jersey Police in respect of the recruitment and retention of officers with criminal convictions:

Will the Minister outline the policy of the States of Jersey Police in respect of the recruitment of officers with criminal convictions and the retention of serving officers who acquire criminal convictions, and advise whether this policy is compatible with that followed by the Honorary Police?

Senator W. Kinnard (The Minister for Home Affairs):

The States of Jersey Police currently operates to guidelines formulated by the former Home Affairs Committee in 2001. Certain offences such as murder, abduction, robbery, perverting the course of justice and sexual offences are an absolute bar to becoming a States of Jersey police officer. Where other offences are concerned, disqualification is not automatic but discretionary in line with the guidelines. The guidelines are comprehensive and deal with such issues as the nature of the conviction, aggravating factors, the penalty imposed and the age of the person when the offence occurred, present character, et cetera. Any criminal conviction by a serving officer would constitute a breach of the discipline code and would be dealt with by the Chief Officer in accordance with established disciplinary procedures. In the time available, Sir, and owing to the Attorney General’s absence from the Island, I have not been able to find out whether the guidelines are compatible with those followed by the Honorary Police but I will take the matter up with the Attorney and provide this further information to the House at the earliest opportunity.

2.4.1 The Deputy of St. Martin:

Is the Minister able to inform the House how many officers there are serving within the States Police who do have criminal convictions, albeit maybe not within -- or within the guidelines?

Senator W. Kinnard:

I would need notice of that question.

The Deputy of St. Martin:

Would the Minister be able to provide that information to the House at a later date?

Senator W. Kinnard:

I will endeavour to, Sir, but it may take some time.

2.5 Deputy C.J. Scott Warren of St. Saviour of the Minister for Health and Social Services regarding reported incidents of ‘Clostridium Difficile’:

Would the Minister advise Members the number of reported incidents of Clostridium Difficile at the General Hospital during 2006 and 2007, whether this infection is currently a significant problem in Jersey and following the temporary closure of Corbière Ward to new admissions due to an increase in incidents of M.R.S.A. (Methicillin-Resistant Staphylococcus Aureus) whether a similar provision to Operation Deep Clean in the U.K. hospitals is considered necessary throughout the General Hospital?

Senator B.E. Shenton (The Minister for Health and Social Services):

Before I give the figures I had better just explain how they are calculated. The figures I will give out is for M.R.S.A.; it is the incidents per 10,000 bed days in hospital and for C-Diff it is the incidents per 10,000 bed days occupied by patients aged 65 years and over in hospital. These are the way the figures are calculated by the N.H.S. (National Health Service) and obviously for your calculating statistics you have to do it on a like-for-like basis. For C-Diff in 2006 the figure is 1.44 whereas in the U.K. it is 2.45. For 2007 it is 0.94 compared to in the U.K. of 2.38. M.R.S.A. 2006: there were no cases in Jersey in 2006. In England: 1.69. 2007: 0.69 Jersey; 1.67 in England. The figures are obviously good news and I am very grateful for our healthcare professionals in this area for producing such a good performance. In the U.K. the Department of Health issued an important strategic document, which I think the Deputy refers to, entitled Clean Safe Care in Reducing Infection in which a 3-year strategy aimed at improving infection control performance was highlighted. The Health Department will carefully consider this document and determine its insights of how best to implement some of the recommendations over here. It is very clear that hospital-acquired infections are transforming clinical practice in the spheres of cleaning, screening, germicidical gels in wards and departments, style and design of uniforms and the way in which patients are treated and cared for in our wards.

2.5.1 Deputy C.J. Scott Warren:

Would the Minister agree to look into the figures for M.R.S.A. for 2006 in Jersey as I do know that there was M.R.S.A…. I cannot honestly comment on internal M.R.S.A. but certainly skin - outer, M.R.S.A. - there were cases in Jersey during 2006. I would like him, if possible please, Sir, if the Minister could come back to me on that. I would like to ask, Sir, would the Minister agree that it is extremely important that everyone from consultants, doctors, nurses, to people working in whatever capacity on hospital wards, also hospital visitors, should always use Spirigel or wash their hands with soap and water upon entering or leaving a hospital ward?

Senator B.E. Shenton:

I will be happy to provide the Deputy with very detailed and comprehensive information regarding the 2006 figures and I would totally agree with her that these are issues that we need to address going forward, and that it is paramount that we maintain the highest standards within the hospital and in the other areas.

2.5.2 Deputy P.V.F. Le Claire:

I was informed by a friend of mine whose wife is a nurse that the incidents of M.R.S.A. in Jersey is appearing to be lower than the United Kingdom because nurses are not tested in Jersey for M.R.S.A. whereas in England they are. I am not an expert and I do not begin to propose to ask the Minister to do anything. I just would like to ask the Minister, based upon that piece of information that I received, would he look into the issue as to whether or not testing does occur in the United Kingdom for nurses and whether or not it does occur in Jersey and report back to the States with that information please?

Senator B.E. Shenton:

I can assure the Deputy that testing is undertaken in Jersey for nurses. What I will need to provide him with is the detail of when and how often and which nurses in particular are tested and the procedures therefore which I can provide him with separately.

Deputy P.V.F. Le Claire:

I am pleased. Thank you very much for that.

2.5.3 Deputy I.J. Gorst of St. Clement:

I thank the Minister for his answer. It seems slightly strange to me that we would be looking to how the U.K. operates its health service in a hospital, however, I appreciate that this is a strategic document and there might be issues that hospitals can pick up on. What I really wanted to ask the Minister is to give an undertaking that he keeps this extremely important issue under review and keeps the Assembly informed of the cases and the policies and procedures he is putting in place to minimise it.

Senator B.E. Shenton:

I can just assure the Deputy that this is a very important issue and we will do all we can to make sure communication flows to the Chamber and to the population at large is excellent.

2.5.4 Deputy S.C. Ferguson:

Would the Minister not agree that there are a few quick wins that could be adopted in this such as all long hair tied back and not drifting over the patient; uniforms only changed into in the hospital? I have seen people driving into work in their uniforms with a car full of children and dogs, or else walking around town in their hospital uniforms. I cannot think that is terribly good and I think it may be that you need to look at the cleaning policies and the way this is done. These are quick cheap easy wins. Will the Minister look into these?

Senator B.E. Shenton:

Obviously I am not an expert on infection control procedures but I will have a word with the relevant department to make sure that everything possible is being done. The general feedback about the cleanliness of the hospital is very good and I think with any large organisation there is always room for improvement no matter how hard you try. But this is, as I said before, a very, very important issue and it does take high priority at Health.

2.5.5 Deputy A.E. Pryke of Trinity:

Could the Minister advise if patients are swabbed for M.R.S.A. prior to admission to hospital or transfer from another hospital?

Senator B.E. Shenton:

Yes, they are and one thing I will say is the old style wards do not always lend themselves well to the treatment of M.R.S.A. and other infections. When you take a patient in sometimes it would be ideal to put them in an isolated inner room initially when they go in, and certainly moving forward I think you will find a change in the way wards are handled, the way wards are designed and we have to move forward on this. This is going to be a problem going forward and it is something that we have to handle with great professionalism and we have to have utmost care in this area.

2.5.6 Deputy C.J. Scott Warren:

Can the Minister inform Members whether Corbière Ward is currently receiving new admissions or whether it remains closed to new admissions?

Senator B.E. Shenton:

My understanding is that Corbière Ward is now operating as normal.

Deputy C.J. Scott Warren:

I thank the Minister for his answers.

2.6 Deputy R.G. Le Hérissier of St. Saviour of the Minister for Education, Sport and Culture regarding the local recruitment of local residents for principalships in Jersey secondary schools:

What policies are in place to ensure that local candidates are able to compete effectively for principalships in Jersey secondary schools?

Senator M.E. Vibert (The Minister for Education, Sport and Culture):

Education, Sport and Culture has a structured approach to developing leadership for Jersey teachers. We have a programme that is designed to meet recognised national standards covering the major components for leadership, learning and management. We currently provide 4 leadership programmes. The 2 most relevant to headships in Jersey secondary schools are the established leaders’ course. This is aimed at teachers who have been in senior posts for a significant period of time but are not head teachers. It looks to recognise their experience and talent and ensure that best use is made of these within schools. The course also exposes participants to new leadership and management techniques. Perhaps most relevant is the N.P.Q.H. (National Professional Qualification for Headship). This is a national programme that we adhere to. In England it is essential for a teacher to have this qualification before they can apply for headship. This is not essential in Jersey but we do attempt to support all experienced deputies and assistant head teachers who wish to undertake this course. It is based on the nationally recognised standards for headship and the course is designed to prepare senior teachers for headship. It is a comprehensive and very challenging course which culminates in a school-based assessment. This is a popular course and in high demand. Forty seven local senior teachers have been through this course since 2001; 11 of those teachers who completed this course are now successful head teachers in Island schools.

2.6.1 Deputy R.G. Le Hérissier:

Notwithstanding those excellent courses I wonder if the Minister could outline how the appointments process assesses the fit between the candidate’s ability to work in Jersey and the qualifications they bring to Jersey?

Senator M.E. Vibert:

For headships we run an assessment centre which is being proved to be the most successful way of attempting to fit a person to a job. It takes place usually over 3 days and is a very demanding assessment and we will always, if possible, shortlist a local candidate for any senior position and that local candidate will be assessed against any outside candidates. Of course, the possibility and importance of them fitting into Island life, understanding Island life and being able to settle in Jersey, is a criteria that is given attention to during the assessment.

2.6.2 Deputy R.G. Le Hérissier:

Could the Minister outline, in the light of recent experience, whether his department has come to any conclusions where this process has not worked and, if so, what lessons have they learnt for the future?

Senator M.E. Vibert:

We look back after each process and we continually try to refine the process. We take the advice of the Appointments Commission - a body set up by this Assembly - and we try to ensure that we have a continuous improvement in our selection process.

Deputy R.G. Le Hérissier:

I wonder if he could be more specific and ask what specific lessons have been learned from recent experience?

Senator M.E. Vibert:

The lesson to be learnt from every experience is to try to continually improve and always choose the best person for the case taking into account as many criteria as possible.

2.6.3 Deputy D.W. Mezbourian of St. Lawrence:

Notwithstanding the fact that the Minister said that people are encouraged to attend these very worthwhile courses, will he advise the House whether there is a clear succession planning policy in place for these positions?

Senator M.E. Vibert:

We encourage all deputy head teachers and assistant head teachers to consider applying for headships when they become available and we have annual reviews with all our senior staff in which their future development is considered and discussed.

2.6.4 Deputy R.G. Le Hérissier:

Would the Minister explain why in recent situations the policy appears not to have worked and what steps are being put in place to make it work more rigorously?

Senator M.E. Vibert:

I do not believe the policy has not worked. There have been unfortunately some recent appointments that have not been for the length of time one would have hoped or have not worked out as one hoped, but that is not necessarily a fault of the appointments process. I was pleased to see recently that a deputy head teacher was appointed head teacher of a secondary school and I hope that we will see more such appointments in the future and we will continue to give people the opportunity to be prepared through programmes for such opportunities, and we will encourage them to apply when they come up. We will try to carry out the best assessment possible because our aim is to ensure that we appoint the best head teachers possible.

2.7 Deputy K.C. Lewis of St. Saviour of the Minister for Transport and Technical Services regarding the release of car registration details to wheel clamping companies:

Would the Minister advise whether confidential car registration details, names and personal addresses, are supplied to wheel clamping companies and, if so, under what circumstances are such details being given?

Deputy G.W.J. de Faye of St. Helier (The Minister for Transport and Technical Services):

I can confirm that Driver and Vehicle Standards do pass on the names and personal addresses to wheel clamping companies and the circumstances are as follows. If the owner of a property or his or her authorised agent has evidence that a vehicle was parked on the said property without authorisation - in other words a trespass has been committed - under Article 19(2) of the Motor Vehicle Registration (General Provisions) (Jersey) Order 1993 as amended, there is reasonable cause for that person to request the particulars of the keeper of the offending vehicle. So, under those circumstances the department is under a requirement to supply details. I should also say that there are a number of other inquiry applications that are received by Driver and Vehicle Standards. These tend to come from insurance companies or solicitors requiring keeper details on vehicles that have been involved in collisions where the driver of a vehicle has provided bogus details of name and addresses. Other applications may possibly be in respect of repossessions of vehicles where a keeper has defaulted on a loan.

2.7.1 Deputy K.C. Lewis:

Is the Minister satisfied, Sir, that these people who are unregistered and unregulated should have access to highly confidential personal details, and is the Minister satisfied that there is no breach of data protection?

Deputy G.W.J. de Faye:

As I think I have just outlined to the Assembly, my department is responding to a requirement under the Law. In that sense I do not think the data protection issue is a relevant issue.

2.7.2 Deputy P.V.F. Le Claire:

It is interesting that the department is responding to a requirement under the Law when we heard only last session that the Law is unclear in this area. Is it not the case that this sends out a worrying signal to most Islanders having followed the United Kingdom’s recent incidents of data being shared, that we are giving over to private companies details of people’s personal addresses, et cetera, that give them cause for concern in an area where there is doubt over the legality of the process?

Deputy G.W.J. de Faye:

I would suggest to the Deputy that if there is a worrying trend on this Island it is the utter disregard for some people for other people’s property.

2.7.3 Deputy P.V.F. Le Claire:

Would the Minister not agree that that includes their personal information?

Deputy G.W.J. de Faye:

I think we need to understand that (a) the value of a car registry and the idea as to whether this is top secret, highly confidential or confidential is really a matter of perception. There are clearly circumstances where it is utterly right and proper that details held on a vehicle registry should be passed on to people who ought to know them.

2.7.4 Deputy S.C. Ferguson:

Would the Minister not consider that this seems to be totally inconsistent with the recent cases we have had within Home Affairs and the police force where his staff are giving out details? I think it is argued that the legal side could be argued for both cases but one lot of people are in fact giving out details and the other lot of people are being penalised and taken to court over it. Does the Minister not see inconsistencies in this?

Deputy G.W.J. de Faye:

I think what some Members may be overlooking is the extreme distress that trespass can cause to owners of property and quite frankly while wheel clamping is an interesting and topical issue in the media and Members may have their own views on whether the charges imposed are excessive or not, the fact remains that if drivers did not trespass in the first place wheel clamping would not be an issue.

2.7.5 Deputy D.W. Mezbourian:

Will the Minister advise the House how an owner has to prove trespass in order to get the information that they request?

Deputy G.W.J. de Faye:

I would suggest to the Deputy a photograph would be a quite reasonable response for that.

Deputy D.W. Mezbourian:

I wonder if the Minister would advise us whether that is the required proof of trespass for his department to divulge information?

Deputy G.W.J. de Faye:

I am not in a position to advise Deputies whether that is a single required proof or whether further proof is required.

Deputy D.W. Mezbourian:

Perhaps the Minister will come back to the House to give us that information please.

Deputy G.W.J. de Faye:

Perhaps I might, Sir.

2.7.6 Deputy G.P. Southern:

The Minister referred to giving people’s personal data to “appropriate bodies” I think was the words he used. Surely that in itself raises a question about data protection if that appropriate body is also a government department. It is government information being passed to other arms of the government. It is a very different thing being passed to other members of the public. Does he not agree?

Deputy G.W.J. de Faye:

Personal information, Sir, is a very fascinating subject. I have always maintained the rule that the innocent have nothing to fear.

2.7.7 Deputy A.J.H. Maclean of St. Helier:

Would the Minister not say that incidents of hit and run are also somewhat distressing and would he undertake to converse with the Home Affairs Department - in particular the police - who are not prepared to divulge information on driver registration numbers in instances where there is hit and run? Surely the 2 departments should work together and ensure they have a consistency of approach.

Deputy G.W.J. de Faye:

I am grateful to the Assistant Minister for his views. I am entirely satisfied with the way the vehicle registration system works at the moment. I am also equally satisfied with the relationship between Transport and Technical Services and the Home Affairs Department. If any Member retains concerns about the operation of the Law I would suggest the Member brings a proposition to the States.

2.7.8 Deputy P.V.F. Le Claire:

Would that proposition include a vote of no confidence in the Minister for his responses this morning [Laughter] and would he not also undertake to investigate whether or not when people are trespassing on property with vehicles that the option to inform the police to come and tow the vehicle is not the preferred one than giving out personal details to a private company of somebody’s personal information?

Deputy G.W.J. de Faye:

The personal details we are talking about are name and address. Mine is in the telephone book. I think that really underlines the issue at stake.

2.7.9 Deputy A.D. Lewis of St. John:

In the light of what the Minister has been saying just now, could the Minister tell the House whether he is in favour of the principle of wheel clamping and, if so, does he believe that such activities should be regulated in his considered opinion?

Deputy G.W.J. de Faye:

I am certainly in favour of owners of property having some level of redress against people who abuse their property. Currently wheel clamping is an entirely legal practice and precipitates what may otherwise be very lengthy and expensive civil action through the courts. I see no reason why wheel clamping should not be regulated. If anything, that may bring into line what may be perceived as excessive fines. I see absolutely no reason why owners of private property should not be in a position to take action against people who are trespassing on their property.

2.7.10 Connétable M.K. Jackson of St. Brelade:

Clearly these inquiries take a certain amount of the department’s time. Would the Minister confirm whether the department makes a charge for issuing this information?

Deputy G.W.J. de Faye:

Yes, Sir, the department does make a charge and I regret I do not know the precise amount.

2.7.11 Deputy G.C.L. Baudains of St. Clement:

It seemed earlier that the Minister was easily pleased. There are other people who are not so easily pleased, Sir. Could the Minister advise what steps his department takes to verify that a request for information is valid? Somebody may well phone-up and ask for the number of a car saying that it is trespassing on their property. What proof does his department have before they release that information? What checks do they carry out?

Deputy G.W.J. de Faye:

Sir, as I indicated, under Article 19(2) of the Motor Vehicle Registration (General Provisions) (Jersey) Order 1993 a person must show reasonable cause for requiring the information. It is up to department officials to determine whether they think that cause is reasonable or not.

Deputy G.C.L. Baudains:

He has failed to answer my question. I asked what steps his department take to verify that position.

Deputy G.W.J. de Faye:

They read the request made to the department. Regrettably the Driver and Vehicle Standards are not a police force and, therefore, they do not conduct investigations into the voracity of people they deal with.

2.7.12 Deputy P.V.F. Le Claire:

Has the Minister undertaken inquiries with the Law Officers to determine whether or not such sharing of information is lawful from one States’ department to another and then on from there to a private company?

Deputy G.W.J. de Faye:

No, Sir, I have not because I am apparently satisfied that the position is entirely lawful.

The Deputy Bailiff:

Deputy Lewis, do you wish to ask one question or not?

2.7.13 Deputy K.C. Lewis:

One final one, Sir. The wheel clamping was touched on. Does the Minister think a fine of between £150 and £175 as a release fee is justified?

Deputy G.W.J. de Faye:

I think it is a useful deterrent, Sir, but it ought to be notified to people before they are obliged to suffer it.

Deputy P.N. Troy of St. Brelade:

Before you move on to the next question, Sir, can we ask the Solicitor General perhaps to comment on the legal issue regarding giving out personal data?

Miss. S.C. Nicolle Q.C., H.M. Solicitor General:

I can certainly comment on it but I cannot really add to what the Minister has said. His department has a statutory obligation to provide the information in the circumstances set out in the Regulation and if someone satisfies the requirement of the Regulation then it is not a matter of discretion; it is a statutory obligation. The information shall be given out.

2.8 The Deputy of St. Martin of the Minister for Home Affairs regarding the staffing of the Civil Aviation Authority and associated costs:

During oral question time on 20th November 2007 the Minister was unable to advise Members of the number of staff that would be required to support the Director to the Civil Aviation Authority and the annual staffing and administration costs. Is the Minister now able to provide these details to the Assembly?

Senator W. Kinnard (The Minister for Home Affairs):

An existing States’ employee previously employed at Jersey Airport has transferred to the new post of Director of Civil Aviation. No dedicated support staff are required to support the director. The cost for the last 2 months to 2007 were £22,959 made up of £20,816 for salaries and £2,143 for equipment and general set-up costs. The estimate for 2008 is £109,000 made up of £5,000 in general expenses and possible accommodation costs, which are currently free until April, and £104,000 in salary costs. The financial cost of the office, including staff costs, will be met by payments by Jersey Airport of a licence fee; therefore there will be no net costs to the Home Affairs Department.

The Deputy of St. Martin:

Members will be aware that, just this morning, the Draft Civil Aviation (Jersey) Law 200- (P.18/2008) has been put on our desks. No doubt Members will have an opportunity to raise further questions of the Minister, when it comes up for debate. Thank you, Sir.

2.9 Deputy K.C. Lewis of the Minister for Transport and Technical Services regarding the opening hours of the new bus and transport centre:

Will the Minister undertake to open the new bus and transport centre beyond 7.00 p.m. to enable waiting bus passengers to shelter from the inclement weather. If not, why not?

Deputy G.W.J. de Faye (The Minister for Transport and Technical Services):

In planning for the opening of Liberation Station the opening and closing times of the facility were discussed on many occasions between Transport and Technical Services and Connex. It was quite clear that a balance had to be struck between the service to the customer and the potential risk to the facility as well as the cost of keeping it open. I should point out that, currently, on the winter service, only 3 services operate throughout the entire Island after 6.30 p.m. They are the Number 1, Number 3 and the Number 15. That constitutes a total of 14 departures from Liberation Station after 7.00 p.m. On Sundays that is halved to 7. However, Liberation Station is still new and both the operator, Connex and Transport and Technical Services are refining its operation. If, at some time, it is felt that later opening could be safely and reasonably achieved, I would be happy to consider the implications and review the position. I would also remind the Deputy that the facility will, in fact, close at 8.00 p.m. in the summer, although I acknowledge that the weather is likely to be more favourable later in the year.

2.9.1 Deputy K.C. Lewis:

I thank the Minister for his reply, Sir but even though it is not a full service after 7.00 p.m., it is a bus service and we must have a service for the community. I have been contacted by many people who have to wait on the pavement for a bus in wind and rain, who can only gaze longingly through the windows at the new comfortable transportation centre. With several car parks due to close and people being encouraged to use the public transport, this is a ridiculous situation. Does the Minister not agree?

Deputy G.W.J. de Faye:

It is essentially a matter of funding, Sir. I would be delighted to open the Liberation Station longer than currently but, as I have said earlier to the Deputy, it is a question, ultimately, of balance of how funds are expended.

2.9.2 Deputy D.W. Mezbourian:

I had the pleasure of using that new facility for the first time on Saturday evening, when I counted as many as 70 plus young people using it as a meeting place. At my age and my size I do not get easily intimidated but I do think that perhaps some older people in our society may well feel that way if they encountered as many youth in one place. The Minister mentioned in his response that his department had had discussions with Connex and they considered the risk to the facility, as on Saturday evening the station was being used as an indoor football stadium. Would the Minister please advise the House what is considered a risk to the facility?

Deputy G.W.J. de Faye:

I regret to say that one of the risks that has to be considered is what I will broadly describe as the exuberance of local young people, but I shall qualify that by saying that we do have very significant problems with the youth of the Island and their use of Liberation Station. There have been incidents of unacceptable behaviour. For example, it seems that our local school children think nothing of lighting-up cigarettes inside the premises, which is one of the matters that has had to be dealt with. They also like to play football, throw plastic bottles at each other, indulge in racial abuse and they insult our elderly commuting customers. I have to say that, in the light of that, that is one of the factors that we have to weigh about opening the building up in the evening, when there is a strong suspicion it would probably be abused by young people who gather there, already, in significant numbers.

2.9.3 Deputy D.W. Mezbourian:

In follow-up to that response from the Minister, he is talking about keeping the bus station closed, but these problems are taking place during the day and the Minister has not told us what his department or Connex are doing about preventing these problems from taking place at any time of the day.

Deputy G.W.J. de Faye:

Well, Sir, during the day there are clearly staff on hand and, in some ways, forming a security element to the behaviour that goes on at the station, but clearly the circumstance I have outlined indicate the problems that do beset us and also indicate the importance, I believe, of having some dedicated youth facility down in the Liberation Square waterfront area which would not result in a bus station being used as a glorified youth club.

2.9.4 Deputy J.A. Martin of St. Helier:

I probably feel I know the answer to this question but I must ask it anyway. Given the explanation of the youth, which I am told lead by example, I think the description that the Minister made probably could describe many people of well over 21, 31, 41 who are standing at the taxi rank on a Friday and Saturday night. Are there any plans to make this what Liberation Station should have been; a transport centre? Move the taxis and get these people off the street and somehow police it much more satisfactorily.

Deputy G.W.J. de Faye:

I cannot remember how many times I have been over this particular issue but clearly Deputy Martin has not got the full picture yet. The issue of the taxi rank at the Weighbridge has been the subject of very high level intense discussions across a number of departments. It has been made quite clear that the police prefer the taxi rank to stay where it is because of the location of closed circuit television cameras. It is also perhaps worth mentioning that the recent initiative of Safer St. Helier of installing security guards who monitor the Weighbridge taxi rank on Friday and Saturday nights has proved to be extremely successful and cut down very dramatically on the trouble that was being created there and indeed has, as I understand, anecdotally, has encouraged more rank drivers to come out and offer their services to the public because they simply feel safer operating at the Weighbridge. The future of the Weighbridge taxi rank will clearly have to come under consideration at some point in terms of whether it stays or goes because, as Members will be quite well aware, there are discussions about a linkage between Liberation Square and the piazza on the Weighbridge that has now been freed-up due to the removal of the former bus station and, obviously, a linked square would prevent the current convenient exit of taxis turning east through Fort Regent. So, obviously, there will be further consideration of that rank in due course.

2.9.5 Deputy D.W. Mezbourian:

Will the Minister advise the House whether any consultation has taken place between his department and Education in order to ensure that an outreach worker for young people spends some time at the bus station on weekend evenings? They have a captive audience there, Sir.

Deputy G.W.J. de Faye:

There have been no direct discussions between Transport and Technical Services and the Education Department as far as I am aware, Sir. However, certainly the result of my involvement with the St. Helier Youth Committee, which fund - courtesy of funding from the ratepayers of St. Helier - outreach work to youth. I am satisfied that at the appropriate juncture, that type of outreach work will take place.

2.9.6 Deputy K.C. Lewis:

I thank the Minister for his reply, Sir but with any sort of bad behaviour, we must bring them up to our standards, not us down to them by closing the facility down early. Will the Minister undertake to review the situation?

Deputy G.W.J. de Faye:

I am sorry if the Deputy had not heard me earlier. I said that I am very happy to review the position on an ongoing basis.

2.10 Deputy R.G. Le Hérissier of the Chairman of the Privileges and Procedures Committee regarding the Draft Freedom of Information Law:

Would the Chairman update the Assembly as to the progress his Committee is making in delivering the States’ decision to introduce a freedom of information law?

Connétable D.F. Gray of St. Clement (Chairman of the Privileges and Procedures Committee):

The P.P.C. (Privileges and Procedures Committee) believes in the importance of access to information, and it has been working to produce an acceptable draft law to comply with the in-principle decision of the States. P.P.C. has considered 2 draft laws to date. The first draft was put out to consultation in April 2006. Comments included concerns that the draft law as overly complex for a small jurisdiction and would cost around £500,000 a year to implement. The Committee put a simpler document out to consultation in June 2007, which it hoped would be less costly. However, comments maintain that the cost will be the same. It is only fair to say that P.P.C. is not convinced that the above costs relate only to the delivery of an F.O.I. (Freedom of Information) law. It is possible that part of this £500,000 is necessary to enable departments to comply with the Public Records Law introduced in 2002 and the F.O.I. law is not solely responsible. Nevertheless, P.P.C. felt it would need to provide the States with compelling evidence that the Code of Practice on public access to official information was not working or could not be improved at lower cost. A precursory review of the annual reports for 2001 to 2006 shows that the existing appeals procedure under the code has never been exhausted. Over this period 731 applications for information have been recorded, of which 20 - or less than 3 per cent - have been refused. There have been 2 appeals for the President or Minister, as the case may be, and there have been no appeals to the States of Jersey Complaints Board. Monitoring the code has been relatively rudimentary because the focus was on delivering a law. P.P.C. has decided to review, again, the detailed provisions of the second draft law at its next meeting and it will decide whether to review the performance of the code in depth before going on to recommend legislation. The Corporate Services Scrutiny Panel has deferred its intended review of the resources implication of the draft law until P.P.C. has confirmed the direction it wishes to take.

2.10.1 Deputy R.G. Le Hérissier:

Would the chairman indicate why there is no cost in operating a code and why there is such an enormous apparent cost in operating a law?